JUDGMENT

1. The present petition has been filed by the petitioners being aggrieved by the quantum of compensation awarded to them vide impugned order dated 30.06.2021 passed by the Secretary, District Legal Services Authority (Central), Member/Convenor, District Victim Compensation Committee (DVCC) [respondent no.2] under the District Victim Compensation Scheme, 2018 (hereinafter ‘the DVC Scheme’).

2. The background to the present petition is that one Shri Hari Chand, who worked as a security guard, lost his life on 26.10.2018 after being involved in an accident on 15.08.2018 where he was hit by an unknown vehicle on the Gopalpur Red Light towards Wazirabad to Majnu ka Tila, Delhi. Shri Hari Chand (deceased) is survived by his wife (petitioner no.1), two daughters (petitioner nos. 2 and 3) and two sons (not party/ies to the present proceedings).

3. In connection with the said accident, an FIR bearing no. 170/2018 was lodged on 15.08.2018 under Section 279 read with Section 304A of IPC at Police Station Timarpur. It is submitted that since the offending vehicle / person who caused the accident of Shri Hari Chand (decd.) could not be traced, a ‘Detailed Accident Report / Untraced Report’ was filed before the Presiding Officer, Motor Accident Claims Tribunal-02, Tis Hazari Courts (Central District) on 27.02.2019. It is stated that subsequently, on 13.01.2020, the petitioners were granted liberty to approach the concerned District Legal Services Authority (DLSA) for grant of compensation.

4. Thereafter, an application seeking grant of compensation was filed by the petitioners before the Secretary, DLSA (Central). Consequently, an enquiry was conducted under Section 357A(5) of the Code of Criminal Procedure, 1973 whereby the deposition of the petitioner no.1 was recorded.

5. Thereafter, the Secretary, DLSA (Central) proceeded to pass the impugned order dated 30.06.2021, by which, the petitioners’ application seeking compensation has been disposed of and the petitioners have been awarded compensation of Rs. 3,00,000 (Rupees three lakhs only) on account of the accidental death of Shri Hari Chand. The said amount of compensation was awarded to the petitioners by apportioning Rs 1 lakh for each of the petitioners out of the total amount of compensation awarded in their favour. The relevant portion of the order dated 30.06.2021 reads as under –

“In continuation of the order dated 30.06.2021.

As per minutes of meeting of Delhi Victim Compensation Committee (DVCC), Central District, dated 30.06.2021, the following observations have been made:-

An application seeking compensation alongwith copy of FIR, DAR and order dated 27.09.2020 of the Court of Ld. PO MACT-02, THC has been received by this Authority Untraced report has been accepted by the Ld. Court concerned MM on 13.01.2020. It is a case of offence U/s 279/304-A IPC. Interaction sheet has been placed before the Committee.

During enquiry, Nirmala (Wife of deceased) was examined and she stated:

“I am wife of the deceased (Hari Chand) in the present case. My husband was 56 years old at the time of accident. He worked as a security guard and earning Rs. 13,000/- to 15,000/- per month. I also say that my husband meet an accident on 15.08.2018 and he immediately taken to Trauma Centre, Civil Lines and he died on 26.10.2018 in the same hospital. I also say that I have four children, two sons and two daughter. I also say that my elder son namely Santosh is mentally retarded and my second son namely Deelip Kumar aged 22 years is doing a private job and earning around Rs. 7,000/- per month. My daughters are students of 11th class. My children are unmarried till date. I am housewife. I have not received any compensation from any Govt. authority till date. I also say that the above mentioned facts are true and I am bound by the same.

Record perused. Considering the facts and circumstances of the case, it is resolved that a compensation of Rs. Three Lac be awarded to the deceased under the DVCS, 2018