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december 2018

Supreme Court of India · 2018-12-10

AMOL VITTHALRAO KADU vs THE STATE OF MAHARASHTRA

Citation / case number
SC 2016/24829
Court
Supreme Court of India
Petitioner
AMOL VITTHALRAO KADU
Respondent
THE STATE OF MAHARASHTRA
Author
Uday Umesh Lalit
Bench
HON'BLE MR. JUSTICE R. SUBHASH REDDY HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court upheld the High Court's direction for the State to pay Rs. 7 lakhs as compensation to the family of Pravin, who died in police custody, emphasizing that the State is vicariously liable for the actions of its officials under the principle established in D.K. Basu vs. State of West Bengal. The Court clarified that compensation serves to redress the infringement of the fundamental right to life under Article 21, and the State has the right to seek indemnification from the wrongdoer. The appeal by the Investigating Officer was dismissed, affirming the High Court's order for recovery of the compensation amount from the officer in charge at the time of the incident.

AMOL VITTHALRAO KADU vs THE STATE OF MAHARASHTRA · Niyam