The court affirmed the obligation to award adequate compensation to victims under Section 357A of the Cr.P.C., enhancing compensation based on financial hardships and absence of insurance due to unidentified offenders.

Prathiba M. Singh, J.(Oral)

1. 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 22^nd 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 22^nd 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:

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 22^nd 3 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