Quantum of victim compensation: Its maturity

When the quantum of compensation is discussed it has seen that the different provisions have provided with different compensation scheme and some states that the fine scheme of them will amount as the fine. But when the fine and maturity of the quantum of compensation are tallied together, it won’t amount to the equity and justice. For an example, the compensation for the rape is three lakh which is not sufficient for the treatment of the rape victim. The same is with the acid attack survivor as they get just three lakh for their treatment which is insufficient in overall injury caused to the accused.

The quantum of the victim compensation is unjust in the country India. In the case of the loss of the fetus, the woman will only get fifty thousand as the compensation for injury or loss she has suffered. And for the person who has suffered 80 per cent of disability will also amount of the compensation is just 2 lakh which is insufficient in respect of the loss. For sexual assault also just fifty thousand doesn’t amount to sufficient to recover from the loss or injury.

Procedure

But this compensation can be efficient when it can be processed. First is by making the application to the district or state legal service authority. An application can be made for temporary or final compensation. It can be filed by the Victims or their dependents or the SHO of the area. The application must be submitted along with a copy of the First Information Report, medical report, death certificate, if available, copy of judgment or recommendation of court if the trial is over, to the State or District Legal Services Authority.1

The second step is the scrutiny stage where the District Legal Service Authority of every state first verifies the content of the claim. Specific loss, injury, rehabilitation is taken into consideration. Then the third step is for deciding the quantum of compensation that should be given to the victims of the crime. The quantum of compensation to be granted is decided on the factors like the gravity of the offence and the loss suffered by the victim, medical expenses incurred during treatment, loss of livelihood as a result of injury or trauma and so on.

The fourth step is of knowing the method of disbursement of compensation that the amount of compensation so awarded shall be disbursed by the respective Legal Service Authority by depositing the same in a Nationalized Bank in the joint or single name of the victim. Out of the amount so deposited, 75% of the same shall be put in a fixed deposit for a minimum period of three years. The remaining 25% shall be available for utilization and initial expenses by the victim, as the case may be. In the case of a minor, 80% of the amount of compensation so awarded, shall be deposited in the fixed deposit account and shall be drawn only on attainment of the age of majority, but not before three years of the deposit.

So these were the ways where the quantum of compensation can be studies and its maturity can be improved so that the victim can feel justice.

1.Laxmi v. Union of India

 

Shreya

Symbiosis Law School

 

 

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