Department of Information and Public Relations

Press Release No. 364/15

MEGHALAYA VICTIM COMPENSATION SCHEME 2014

Shillong, June 3, 2015: The Government of Meghalaya has instituted the Meghalaya Victim Compensation Scheme, 2014 for the purpose of awarding compensation to the victim or his dependents who have suffered loss or injury or require rehabilitation as a result of the offence.

The Meghalaya Victim Compensation Scheme 2014 aims at providing financial assistance to the victim and support services such as shelter, counselling, medical aid, legal assistance, education and vocational training depending upon the needs of the victim and compensation to the victims and his dependents who have suffered loss or injury as the case may be, as a result of the crime and who require rehabilitation. For this purpose, a Victim Compensation Fund has been constituted from which the amount of compensation awarded under this Scheme shall be paid to the victim or his guardian or legal heir who have suffered loss or injury as a result of the crime and who require rehabilitation. The compensation should be decided by the Meghalaya State Legal Services Authority of the District Legal Services Authority, as the case may be.

Under this scheme, victim shall be eligible for the grant of compensation if ordered by the court, i.e., if the offender is not traced or identified, the victim may apply for grant of compensation to meet expenses for physical and mental rehabilitation. The victim of claimant must also report the crime to the officer-in-charge of the local Police Station or to the Magistrate having jurisdiction before making claim for compensation or suo moto cognizance taken of the crime by the police under whose jurisdiction the offence is committed. The victim or claimant (in the case of death of victim) shall fully cooperate with the police and prosecution from the stage of investigation till conclusion of trial of the case.

Further, under this scheme, the crime committed must be one in which the victim sustains mental or bodily injury or dies and the death or permanent incapacitation of the victim was not the result of suicide or self-infliction of bodily or mental injury or a result of the victim’s own wrong doing. Compensation will also be considered if the victim has not been compensated for the loss or injury under any other scheme of the Central or the State Government of Insurance Company or any other institutions.

The quantum of compensation to be awarded to the victim or his dependents will be considered on the basis of loss caused to the victim, medical expenses to be incurred on treatment, minimum sustenance amount required for rehabilitation including incidental charges such as funeral expenses. Compensation received by the victim or dependent from the State in relation to the crime in question, namely, insurance, ex-gratia and/or payment received under any other Act or State-run scheme shall be considered as part of the compensation amount under these schemes. The victim or claimant who have received compensation amount from collateral sources mentioned above shall be deemed to be compensatory under the scheme. However, the cases covered under the Motor Vehicle Act, 1988 (59 of 1988) wherein compensation is to be awarded by the Motor Accident Claims Tribunal and cases covered under existing schemes/facilities shall not be covered under this scheme.

In order to alleviate the suffering of the victim, the Meghalaya State Legal Services Authority or the District Legal Services Authority, may order for immediate first aid facility or medical treatment to be made available free of cost on the certificate of the Officer-in-charge of the Police Station or Magistrate of the area concerned. In case employment is given to any family member of a victim of crime on compensatory ground, no assistance will be given to the dependent from the Scheme. In case such employment is given after release of compensation under the scheme, the assistance would not be withdrawn or amount realized, if paid already.

The amount of compensation for loss of life is Rs. 3.00 lakhs for persons below 40 years, Rs. 2.00 lakhs for persons upto 60 years and Rs. 1.00 lakh for persons above 60 years. For loss of any limb or part of body above 40 percent, compensation limit is Rs. 2.00 lakhs for persons below 40 years, Rs. 1.00 lakh for persons upto 60 years and Rs. 50,000/- for persons above 60 years. For loss of any limb or part of body below 40 percent, Rs. 1.00 lakh is given as compensation to persons below 40 years, Rs. 50,000/- to persons upto 60 years and Rs. 25,000/- to persons above 60 years. Rs. 3.00 lakhs is given as compensation to victims of rape and acid attack and Rs. 50,000/- is given as compensation to loss of injury causing severe mental agony to women and child victims in cases like human trafficking, kidnapping and molestation, etc. In case of a victim of acid attack, out of the compensation awarded, a sum of Rs. 1.00 lakh shall be paid within 15 days from the date of occurrence of such incident and the balance amount of Rs. 2.00 lakhs shall be paid as expeditiously as may be possible and positively within two months thereafter. In addition to compensation mentioned above, Rs. 10,000/- and Rs. 15,000/- is also given for funeral expenses and medical expenses respectively.