Section 357(3) of the Indian Penal Code provides for payment of compensation to the injured victim or the victim’s heirs, where a fine does not form part of the sentence imposed by the court. The provision remains silent on affording an opportunity to the person concerned of being heard while fixing the quantum of compensation. The trial court ordered imprisonment to some accused, but there was no order of compensation. The high court ordered payment of compensation to the heirs of the dead person and the injured in terms of Section 357(3) and (4) of the code. The accused pleaded that the principle of natural justice was infringed as he was not heard while fixing the quantum. The Supreme Court held that even where the statute is silent, it is implied that the principles of natural justice are to be complied with taking note of relevant factors, like the need to award compensation, the capacity of the accused to pay, etc. The matter was remitted with a direction of giving the accused an opportunity of being heard (Mangilal vs State of Madhya Pradesh).
A victim of dowry death in Andhra Pradesh gave a dying declaration in Hindi as she did not know English or Telugu. Questions were put by the magistrate in English and translated by the doctor into Hindi. The victim’s answers were translated into English. The accused took the plea that the declaration was not valid as neither the magistrate nor the person who translated knew Hindi. The Supreme Court held that the court must take into consideration the situation under which the declaration is recor- ded. Being able to both read and write chaste Hindi is not necessary. Working knowledge is sufficient. Further, the magistrate had the opportunity of noticing the victim’s gestures. Therefore, the declaration was held to be valid (B. Shashikala vs State of Andhra Pradesh).
The wife of an army officer was admitted to a military hospital for removal of an ovarian cyst. When it did not heal even after a month, a request was made for moving her to another hospital for taking a second opinion. The auth- orities refused it saying that similar facilities were available in the same hospital. Later, she was taken to a private hospital where a mop towel was found inside her body where a surgery had been performed. She later died of septicaemia. A writ petition was filed for comp- ensation. The Andhra Pradesh High Court said it was evident the military hospital staff was grossly negligent. The court directed a compe- nsation of Rs 3 lakh. The aggrieved party was also allowed to file a civil suit for damages. (Smt. A.V. Janaki Amma vs Union of India).
SOLON
