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It is not mandatory to extend claims that is for victim compensation to administration. – Odisha High Court.

The Odisha High Court passed an Order on  18th May 2022. In the case of Sukuludei Santa v. Govt. OfOdisha & Ors.(W.P.(C) No. 12252 of 2022).

The Orissa High Court has held that it is Not mandatory for a victim to forward his/her claims for compensation to the appropriate authority through the Legal Services Authorities (LSA). Further, it clarified that the LSAS are there only to provide assistance to claimants for making representations to the administration. A Single Judge Bench of Justice Arindam Sinha passed the order.

Facts:

The petitioner is a sixty-seven years old lady. Her husband was murdered in 2019. After his murder, who was the sole earning member of the house, the petitioner had applied for victim compensation at the District Legal Services Authority (DLSA), Koraput. Though she approached the DLSA a number of times, every time she was told by the staff that they had not received any such order from the authorities. Thereafter, she sought information under RTI from the DLSA Office, which made it clear that a case for victim compensation was indeed registered in the name of the petitioner. However, getting no positive results from the DLSA, the petitioner was constrained to approach the High Court under its writ jurisdiction for Redressal of her grievances, causing out of inaction of the concerned authorities.

JUDGEMENT

The Court acknowledged that the petitioner produced a copy of FIR dated 13th April, 2019 along with death certificate showing date of death of her husband as 9th April, 2019. Also, the said FIR was filed against unknown persons. Perusal of the FIR revealed that the occurrence of offence reported to be between 9th April, 2019 and 10th April, 2019. Information received at the police station on 13th April, 2019. The Court further noted, the informant as mentioned in the FIR is uncle of the deceased. Contents of the first information was that the deceased had gone missing on 9th April, 2019 at 8.00 PM. And was found the next day in the field of one Bhaga Santa. Hence, it held, it is clear that dead body was found, since the death certificate says death was on 9th April, 2019.

It clarified that there is no mandate under the Legal Services Authorities Act, 1987 to move applications for victim compensation compulsorily through Accordingly, it was concluded.

JUDGEMENT REVIEWED BY KUNMUN DAS.

Click here to view judgment.

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