New Haryana Victim Compensation Scheme

 by Haryananewswire

CHANDIGARH, FEB 21

 The Haryana Government has decided to implement a new scheme known as ‘Haryana Victim Compensation Scheme 2013’ to provide funds for the purpose of compensation to the victim or dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. 

The scheme was approved by the State Cabinet which met under the Chairmanship of Chief Minister, Mr Bhupinder Singh Hooda here.

Under this scheme, a compensation ranging from Rs 25,000 to Rs three lakh would be paid for loss of life, loss of any limb or part of body, loss or injury causing severe mental agony to women and child victims of human trafficking, kidnapping, molestation and also in case of rape.

The employee of Central or State Governments, Boards, Corporations and Public Undertakings and income tax payees would not be eligible under this scheme.

The Home Department would be the Nodal Department to regulate, administer and monitor  this scheme. Under the scheme, a Victim Compensation Fund would be set up. The Fund would have budgetary allocation for which necessary provision shall be made in the annual budget of the State. It would also have the receipt of amount of fines imposed under section 357 of the Code of Criminal Procedure Act and ordered to be deposited by the courts in the Fund. The Fund would also have amount of compensation recovered from the wrongdoer or accused under clause 7 of the Scheme and donations and contributions from international, national, Philanthropist, charitable institution or organization and individuals. 

The State Legal Service Authority would be accountable for its functions under the scheme and for furnishing periodical returns of the sums distributed to them by the State Government through the Nodal department. The fund would be operated by the Member Secretary, State Legal Service Authority. 

A victim would be eligible for the grant of compensation where, a recommendation is made by the court under sub sections (2) and (3) of section 357 A of the Act or the offender is not traced or identified, but the victim is identified, and where no trial takes place. Such victim may also apply grant of compensation under sub section (4) of section  357 A of the Act. The victim shall also be eligible for the compensation where he or she or the claimant report the crime to the officer-in-charge of the police station or any senior police officer or Executive Magistrate or Judicial Magistrate of the area within 48 of the occurrence. The District Level Service Authority, if satisfied, for the reasons to be  recorded in writing, may condone the delay in reporting and the offender is traced or indentified and where trial has taken place, the victim or claimant has cooperated with the police and prosecution during the investigation  and trial of case.

To be eligible for such a compensation, the income of the family should not exceed Rs. 4.5 lakh per annum. Also,  the crime on account of which the compensation which is to be paid under this scheme should have been occurred within the jurisdiction of Haryana State. 

As far as the procedure for grant of compensation is concerned, whenever a recommendation is made by the Court under sub section (2) of section 357-A of the Act or an application is made by any victim or his dependent under sub section (4) of section 357-A of the Act to the District Legal Service Authority, the District Legal Service Authority shall examine the case and verify the contents of the claim with regard to the loss or injury caused to victim and arising out of the reported criminal activity. It may call for any other relevant information necessary in order to determine genuineness of the claim. After verifying the claim and by conducting due enquiry, the District Legal Service Authority shall award compensation within two months, in accordance with provisions of this scheme

Compensation under this scheme shall be paid subject to the condition that if the trial court while passing judgment at a later date, orders the accused persons to pay any amount by way of compensation under sub-section (3) of section 357 of the Act, the victim or claimant shall remit an amount equal to the amount of compensation, or the amount ordered to be paid under the said sub-section (3) of section 357 of the Act, whichever is less. An undertaking to this effect shall be given by the victim or claimant before the disbursal of the compensation amount.

The District Legal Service Authority shall decide the quantum of compensation to be awarded to the victim or his dependents on the basis of loss caused to the victim, medical expenses to be incurred on treatment, minimum sustenance amount required for rehabilitation including such incidental charges like funeral expenses . The compensation may vary from case to case depending on fact of each case.

  The amount of compensation decided under the scheme shall be disbursed to the victim or his dependents, as the case may be, from the Fund. Compensation received by the victim from the State in relation to the crime in question, namely, insurance, ex-gratia  or payment received under any other Act or ‘Rajiv Gandhi Pariwar Bima Yojna’ or any other State-run scheme, shall be considered as part of the compensation amount under this scheme. The victim or claimant who has received compensation amount  from collateral sources mentioned above shall be deemed to be compensated under this scheme and shall not be entitled to separate compensation under this scheme. If the eligible compensation amount exceeds the payments received by the victim from collateral sources mentioned above, the balance amount shall be paid out of Fund.

  The cases covered under Motor Vehicle Act, 1988 (59 of 1988) wherein compensation is to be awarded by the Motor Accident Claims Tribunal, shall not be covered under the Scheme.The District Legal Services Authority, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer-in­charge of the police station or Magistrate of the area concerned, or any other interim  relief, as it may deem fit.

Copy of the order of compensation passed under this Scheme shall be mandatorily placed on record of the trial Court to enable the court to pass order of compensation under sub-section (3) of section 357 of the Act.

The District Legal Services Authority, if deem it proper, may institute proceedings before the competent court of law for recovery of the compensation granted to the victim or his or her dependent from the person responsible for causing loss or injury as a result of the crime committed by him.

No claim made by the victim or his dependents under sub­section (4) of section 357-A of the Act shall be entertained after a period of six months of the crime. The District Legal Authority, if satisfied, for the reasons to be recorded in writing, may condone the delay in filing the claim.

Any victim aggrieved of the denial of compensation by the District Legal Service Authority may file an appeal before the State Legal Service Authority within a period of 90 days.

In case of loss of life in 40 years of age or below, a compensation of Rs three lakh would be paid, which would be Rs two lakh for those above 40 years and upto 60 years and Rs one lakh for those above 60 years. Similarly, in case of loss or limb or part of body (80 per cent) including loss due to acid attack, a compensation of Rs two lakh would be paid for those of 40 years or below in age. It would be Rs one lakh for above 40 years and upto 60 years. The compensation would reduce to Rs 50,000 for those above 60 years.

In case of loss of any limb or part of body (50 per cent), including loss due to acid attack, a compensation of Rs one lakh would be paid for those of 40 years or below in age. It would be Rs 50,000 for above 40 years and upto 60 years. A compensation of Rs 25,000 would be paid for those above 60 years.

In case of rape, a compensation of Rs three lakh would be paid. As a result of loss or injury causing severe mental agony to women and child victims in cases like human trafficking, kidnapping and molestation, a compensation of Rs 50,000 would be paid.

In addition to the compensation mentioned above, Rs 2000 would be paid as funeral expenses. Also, in case of medical expenses, actual expenses incurred before death or on account of injury supported by bills or vouchers, but not exceeding Rs 15,000 would be paid in addition to the compensation mentioned above.