(1)Whenever a recommendation is made by court under Section 357 of the Act or an application is made by the Victim or his dependant under sub-section (4) of Section 357-A oij the Act to the District Legal Service Authority, the said Authority shall verify the facts and the claims after due enquiry and consultation with the SP concerned and award adequate compensation in accordance with the provisions of the scheme by completing the enquiry within two months.(2)The 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 amount of compensation already awarded by the District Legal Service Authority shall be duly considered and adjusted. 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 dependants on the basis of loss caused to the victim, medical expenses to be incurred on treatment, minimum sustenance amount required for rehabilitation, keeping in view the minimum wages prevalent at the time and including such incidental charges as funeral expenses etc. The compensation may vary from case to case depending on fact of each case.(4)Compensation received by the victim in relation to the crime in question from other sources namely Insurance, ex-gratia, payment received under any other Act or Scheme of Central/State Government shall be considered as part of compensation amount under this scheme and shall be adjusted against the compensation amount awarded under this Scheme.(5)The quantum of compensation to be awarded to the victim or his dependants by the District/State Legal Service Authority shall not exceed the upper limit as provided in the schedule of this scheme.(6)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.(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 or any other interim relief as it may deem fit on the certificate of the police officer not below the rank of the office-in-charge of the police station or the Executive Magistrate of the area concerned.
