Section 5 in Bihar Victim Compensation Scheme, 2014
5. Procedure for grant of compensation.
(1)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 [in Form I] [Added by Bihar Notification No. L.G.-06-01/2011 Part 56/J, dated 19.6.2018 (w.e.f. 24.3.2014).] 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 victime and arising out 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 Service Authority shall award compensation within two months, in accordance with provisions of this scheme;Provided that to the victim of the acid attack Rs. 1,00,000/-(one lac rupees) shall be paid to the victim within fifteen days of the information of occarance and rest Rs. 2,00,000/-(two lac rupees) shall be paid within the two months from the aforesaid payment. [Remaining amount of compensation, if any, shall be paid within 3 months from the date of payment of second installment.] [Added by Bihar Notification No. L.G.-06-01/2011 Part 56/J, dated 19.6.2018 (w.e.f. 24.3.2014).](2)[ The District Criminal Injury Compensation Board of the district shall examine and verify the claims with regard to loss or injury, eligibility of claim/claimant, quantum of compensation and also about condonation of delay in reporting of the occurrence or filing of the claim and on its recommendation the Chairman, DLSA shall pass an order about claim/payment of compensation. The quantum of compensation shall be decided on taking into account the loss caused to victim, medical expenses to be incurred in treatment and minimum sustenance amount required for rehabilitation subject to minimum amount as mentioned in Schedule-1.] [Substituted by Bihar Notification No. L.G.-06-01/2011 Part 56/J, dated 19.6.2018 (w.e.f. 24.3.2014).](3)The quantum of compensation to be awarded to the victim or his dependents shall be as per Schedule.(4)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.(5)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 relief, as it may deem fit.(6)Compensation received by the victim from the Central/State Government, insurance company in relation to the crime in question, namely, insurance, exgratia and/or under any other Act or any other State run scheme, shall be considered as part of the compensation amount under this 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 Fund.
