MANOHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes up for consideration of the application (No. 1/2023) filed on behalf of applicant-Mithlesh Kumar son of deceased Mukesh Kumar with a prayer that the dependents of deceased Mukesh Kumar may kindly be granted compensation under the provisions of Sec. 357-A of Cr.P.C. and the Victim Compensation Scheme from the State Government as well as from the accused of Rs.25,00,000.00 jointly or separately.

(2.) It is noticed that the Trial Court has refused to recommend for compensation under Sec. 357-A of Cr.P.C. while observing that the legal representatives of deceased Mukesh Kumar have already filed a suit before the Civil Court under the provisions of Fatal Accidents Act, 1855.

(3.) Learned Counsel for the applicant has submitted that the Trial Court has erred in not recommending compensation solely on the ground that the suit under the provisions of Fatal Accidents Act, 1855 has been filed on behalf of the legal representatives of deceased Mukesh Kumar.