Court mandates reimbursement of past treatment costs, monthly processing of ongoing medical bills, and formation of a high-level committee to frame a comprehensive compensation policy
In a significant ruling delivered on October 16, 2026, the Allahabad High Court (Division Bench, Lucknow) addressed a Public Interest Litigation concerning victims of a tragic fire incident in Uttar Pradesh. The Court emphasized the State Government's responsibility to ensure comprehensive medical care and fair compensation for the injured.
The case arose after Shivendu Pandey and Abhishek Dubey filed PILs seeking relief for victims, notably Jayant Gupta, who suffered permanent disability due to the fire. The Court allowed intervention applications from the victims' families, appointing advocates to represent their interests.
During proceedings, the Additional Advocate General of Uttar Pradesh presented an order dated October 15, 2026, from the State's Home Department. The order directed that no medical expenses shall be charged to Jayant Gupta at King George's Medical University and that proper medical treatment must be provided. It further instructed that any incurred medical expenses should be borne by the State Government upon receipt of demands.
Jayant Gupta testified that he had already spent approximately Rs. 2.5 lakh on treatment, exceeding the Rs. 1.5 lakh compensation received so far. Due to his permanent disability, he is unable to work and is financially dependent on his father's pension income of Rs. 25,000 per month. He claimed his previous monthly earning was around Rs. 46,000 as a character artist.
The Court ordered the State to process and reimburse the Rs. 2.5 lakh already spent by Gupta before the next hearing. It also mandated that ongoing and recurring treatment expenses, whether incurred in hospital or at home, be reimbursed monthly upon submission of bills. Gupta is to submit these bills through the Additional Advocate General's office for prompt processing.
Regarding compensation adequacy, the Court directed the State Government to present specific instructions and proposals on the compensation package intended for the petitioner. The Court will then examine whether the compensation is sufficient considering the petitioner's permanent loss of earning capacity.
Furthermore, the Court was informed of the constitution of a high-level committee chaired by the Additional Chief Secretary (Home) to formulate a policy framework or statute governing compensation for victims of such incidents. The Court expressed hope that this committee would develop a just and reasonable policy.
The Court also instructed the impleading of all building owners connected to the fire incident into the proceedings, ensuring comprehensive accountability.
The next hearing is scheduled for the fourth week of November 2026, where compliance with these directions will be reviewed.
This judgment underscores the judiciary's proactive stance on victim welfare, mandating State accountability in medical and financial rehabilitation post-tragedies. It also signals the move towards systemic policy formulation for victim compensation in Uttar Pradesh.
Bottom Line:
Public Interest Litigation arising out of fire incident - Court directed State to bear medical expenses of injured victim, reimburse proven past expenses, process recurring treatment bills monthly, and place specific proposal regarding compensation - Court also noted constitution of high-level committee for framing policy/proposal for compensation.
Statutory provision(s):
Not explicitly cited in the judgment; directions issued under the State's administrative orders and principles of public interest litigation jurisdiction of the High Court.
Shivendu Pandey v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc Id # 2999359
