2023 Supreme(Del) 2272
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Smt Kameshwari Devi & Anr. – Appellants
Versus
The State (Govt. of NCT of Delhi) – Respondent
W.P.(C) 13161 of 2021 and CM Appl. 41543 of 2021
Decided On : 10-01-2023
Important Points
Subject
Civil Law - Compensation
Headnote
Compensation - Victim Compensation Scheme - Section 357A(2) of Cr.P.C. - Delhi Victim Compensation Scheme, 2018 - [COMPENSATION] - [Victim Compensation] - [Section 357A(2) of Cr.P.C., Delhi Victim Compensation Scheme, 2018] - The court discussed the legal provisions under Section 357A(2) of Cr.P.C. and the factors to be considered under Clause 8 of the Delhi Victim Compensation Scheme, 2018. It emphasized the duty of the courts to apply their mind to the question of awarding compensation in each case. The court also highlighted the financial loss to the victim or dependents, financial condition of the victim, and the observations of the Supreme Court in Ankush Shivaji Gaikwad v. State of Maharashtra, [(2013) 6 SCC 770], regarding the obligation of courts to apply their mind to the question of compensation.
Fact of the Case:
The deceased, an auto rickshaw driver, passed away in an accident. The family sought compensation under the Delhi Victim Compensation Scheme, 2018, as they did not receive any insurance amount under the Motor Vehicles Act, 1988. The deceased's wife and children approached the court to enhance the compensation awarded by the District Victim Compensation Committee.
Finding of the Court:
The court found that the compensation awarded to the petitioners should be enhanced to the maximum amount of Rs.10,00,000, considering the financial loss to the victim's family and the non-tracing of the culprits who caused the accident. It directed the Delhi State Legal Service Authority to release a further sum of Rs.5,00,000 to the widow of the deceased for the welfare of the children and the family.
Issues: The issues involved the adequacy of compensation under the Delhi Victim Compensation Scheme, 2018, and the impact of the deceased's death on the family's financial condition.
Ratio Decidendi: The court held that the compensation awarded should consider the financial loss to the victim or dependents, financial condition of the victim, and the duty of the courts to apply their mind to the question of compensation in each case.
Final Decision: The court directed the Delhi State Legal Service Authority to release a further sum of Rs.5,00,000 to the widow of the deceased and disposed of the petition in the above terms.
Jitender Kumar and Yogesh Saini, Advocates with Petitioner no. 1 and 2 in person.
Ms. Hetu Arora Sethi, ASC, for the Respondent-1.
Aayush Agarwala, Advocate with Siddnam Nahata, Ms. Bhumika Sharma and Aurito Mukherjee, Advocates, for the Respondent-2 and 3.
Ms. Harshita Mishra, Secretary Litigation, DSLSA.
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The Petitioners, who are the wife and the children of Late Shri Ram Preet Singh have approached this Court, seeking directions to the Respondents to enhance the amount of compensation awarded under the Delhi Victim Compensation Scheme, 2018. The Petitioners further seek the setting aside of the order dated 22nd December, 2020 passed by the District Victim Compensation Committee, Central District, Tis Hazari Courts, Delhi in respect of FIR No.193/19 registered at P.S. I.P. Estate, by which a compensation of Rs.3,00,000/- was directed to be paid to the wife of the deceased, Petitioner No.1 - Smt. Kameshwari Devi, and a sum of Rs.1,00,000/- each was directed to be paid to the daughters of the deceased, Petitioner No.2 - Ms. Pooja and Petitioner No.3 - Ms. Poonam. The operative portion of the said order dated 22nd December, 2020 is extracted below:
"An affidavit of dependency has been filed by Smt. Kameshwari Devi, wife of deceased according to which the deceased is survived by her and her children. So, Smt. Kameshwari Devi, wife of deceased, Poonam and Pooja (daughters of deceased) are entitled for compensation.
The committee has also considered other provisions of Delhi Victim Compensation Scheme, 2018. Upon considering the same, the Committee is of the considered view that the case of the deceased falls under SI. No.1 and Part-I of the Schedule to the Delhi Victim Compensation Scheme, 2018 and as such, final compensation of Rs.5,00,000/- (Rupees Five Lac Only) should be paid to the following LRs of the deceased in proportion mentioned below:
| SI. No. | Name of victim/LRs of deceased | Bank Name & Branch | Account No. | IFSC Code | Amount |
| 1. | Smt. Kameshwari Devi (wife) | State bank of India, Geeta colony | 33804907158 | SBIN0013763 | Rs.3,00,000/- (Rupees Three Lac Only) |
| 2. | Ms. Poonam (Daughter) | Punjab National Bank | 1603001500058469 | PUNB016030 | Rs.1,00,000/- (Rupees One Lac Only) |
| 3. | Ms Pooja (daughter) | State Bank of India | 31966943583 | SBIN0013763 | Rs.1,00,000/- (Rupees One Lac Only) |
Thus, in exercise of power under Section 357A(2) of Cr.P.C. it is recommended that a sum of Rs.3,00,000/- (Rupees Three Lac Only) to be paid to Smt. Kameshwari Devi (wife of deceased) and a sum of Rs.1,00,000/- (Rupees One Lac Only) each to be paid to Ms. Poonam and Ms Pooja (daughters of deceased) as Final Compensation from the Victim Compensation Fund constituted under Rule 3 of the Delhi Victim Compensation Scheme, 2018."
3. The background of the present case is that the deceased, who was an auto rickshaw driver, unfortunately passed away in an accident on 9th August, 2019, while he was driving his auto near ITO and an unknown vehicle hit him. An FIR bearing No.193/19 was lodged in respect of the said incident at P.S. I.P. Estate. The investigation which took place in the matter could not identify the persons or the vehicle which caused the accident, leading to a closing order dated 22nd September, 2020 passed by the MACT Court, Tis Hazari Courts, Delhi, whereby the legal representatives of the deceased were granted liberty to approach the Secretary, Delhi State Legal Service Authority (hereinafter, "DSLSA") or the concerned SDM for grant of compensation in accordance with law.
4. The deceased is survived by his wife and three children i.e., two daughters and a son. All of the three children have now attained the age of majority. The said LRs of the deceased, who are the Petitioners herein, had approached the DSLSA for award of compensation under the Delhi Victims Compensations Scheme, 2018. The said Authority, after considering the matter, awarded a total sum of Rs.5,00,000/-, vide order dated 22nd December, 2020, as extracted hereinabove. It is this order which is under challenge in the present petition.
5. Ld. Counsel for the Petitioner submits that, due to the investigation having not resulted in identifying any of the culprits who caused the accident, the family of the deceased has not received any