`10.5 lakh payout ordered for family of custodial death victim
APPLYING the theory adopted in deciding the income of an accident victim under the Motor Vehicles Act, the Madras High Court has fixed the monthly income of a custodial death victim at `3,000 and awarded a total compensation of `10.50 lakh to the victim’s wife.
Even though it was contended by the petitioner that her husband Pandian was an agriculturist and there was no proof to show that he was owning agricultural land, Justice S Vaidyanathan said he took into account the principles of motor accident victim compensation cases to arrive at the compensation and fixed it at `10.50 lakh, against the petitioner’s claim of `20 lakh.
According to the petitioner, her husband died in police custody in April 1995. She has three daughters and one son. She claimed that her husband had not committed any offence, much less the one alleged against him and as the death occurred in custody, the petitioner would be entitled to a compensation of `20 lakh.