TVC Scheme 7

Section 7 · Procedure for grant of compensation

(1)

Whenever a recommendation is made by the Court under sub-section (2); ora recommendation is made by the court under sub-section (3); 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 Services Authority, the District Legal Services Authority shah 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 and 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 Services Authority shall award compensation within two months. In accordance with provisions of this Scheme,

(2)

The District Legal Services 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 as funeral expenses etc, The compensation may vary from case to case depending on facts of each cases,

(3)

While granting compensation under this Scheme an undertaking from the victim or the claimants shall be obtained to the effect that in case of granting subsequent compensation by the Court under sub-section (3) of section 357 of the Act or under any other law, he shall remit the excess amount received as compensation under section 357(a) of the Act.

(4)

Compensation received by the victim from the State In relation to the come in question, namely, insurance, ex-gratia and/or payment received under tills Scheme or G.Os. passed to this effect shall be considered as part of the compensation amount under this Scheme. The victim/claimant who has received compensation amount from collateral sources mentioned above shall be deemed to be compensated under tins Scheme and shall not be entitled to separate compensation under this Schema, if the eligible compensation amount exceeds the payments received by the victim from collateral sources mentioned above, the balance amount only shall be paid out of the Fund.

(5)

The State/District Legal Services Authority shall take into consideration the trauma undergone by a Victim of Commercial Sexual Exploitation and Trafficking (VOCSET) and the aspects of rehabilitation, reintegration and restoration of the VOCSET.

(6)

The cases covered under Motor Vehicles Act, LQGS (59 of 1993) wherein compensation is to be awarded by the Motor Accident Claims Tribunal, and cases covered under existing GOs and G.Os. issued by the Government from time to time shall not he covered under this Scheme.

(7)

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 now below the rank of the official-in-charge of the police station or Magistrate of the area concerned, or any other interim relief, as It may deem fit.

(8)

The amount of compensation decided and awarded / granted under this Scheme shall be as per the Schedule and shall be disbursed to the victim or his dependants from the Fund.

(9)

The District Legal Services Authority shall, while making payment of amount towards compensation, ensure that all the provisions of tins Scheme are strictly complied with.

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