Section 5 in Bihar Victim Compensation Scheme, 2011
5. Procedure for grant of compensation.
(1)Whenever a recommendation is made by the Court 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 and may call for any other relevant information necessary in order to determine genuineness. After verifying the claim, the District Legal Service Authority shall after due enquiry award compensation within two months, in accordance with provision of the Scheme.(2)compensation under this Scheme shall be paid subject to the condition that if the trail court while passing judgment at later date, orders the accused persons to pay any amount by way of compensation under sub-section (3) of section 357 of the Act, victim/claimant shall remit an amount ordered 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/claimant before the disbursal of the compensation amount.(3)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 as funeral expenses etc. The compensation may vary from case to case depending on facts of each case.(4)According to the schedule of this scheme the quantum of compensation to be awarded under the Scheme shall be disbursed to the victim or his dependents, as the case may be, from the Fund.(5)Compensation received by the victim from the Central/State Govt., Insurance company or any other institution in relation to the crime in question, namely, insurance, ex-gratia and/or payment received under any other Act or State-run Scheme, shall be considered as part of the compensation amount under these scheme and 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 the Fund.(6)In fixing the quantum of compensation, regard must be had to the minimum wages and the schedule to the Motor vehicle Act, 1988.(7)The District Legal Service 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-in-charge of the police station or magistrate of the area concerned, or any other interim relief as it may deem fit,
