Kerala High Court Directs State to Clear ₹9.73 Crore in Pending Victim Compensation Claims Within Five Weeks
The Kerala High Court has directed the State Government to release ₹9,73,85,000 towards victim compensation claims involving 225 cases pending before the Additional Chief Secretary, Home Department within five weeks.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. issued the directions in suo motu proceedings concerning the functioning of mediation centres in Kerala.
The Court took on record a status report submitted by the Member Secretary of the Kerala State Legal Services Authority (KeLSA) on the Victim Compensation Scheme. The Court observed that there had been procedural delays in disbursing compensation.
The Court directed the Member Secretary, KeLSA, to ensure that compensation is disbursed in a timely manner and issue appropriate directions to the Secretaries of the District Legal Services Authorities (DLSAs) to prevent delays in processing and payment.
The Court directed the Secretaries of the DLSAs to collect all requisite documents from victims at the time of adjudication itself to avoid further delays in processing and disbursing compensation.
It also ordered the Member Secretary, KeLSA, to review the status of disbursement with the respective DLSAs on a weekly basis and submit a report on the next date of hearing.
The Bench directed that all pending victim compensation disbursements be completed peremptorily within three weeks from the date of the order.
The Court was informed that claims amounting to ₹9,73,85,000 in 225 cases, arising up to July 2026, had been pending before the Additional Chief Secretary, Home Department, since September 16, 2026. The State Government was directed to release the amount, preferably within five weeks.
The Court also considered the honorarium payable to mediators working under the Kerala State Mediation and Conciliation Centre.
The State Government had issued a government order dated September 30, 2026, revising the honorarium rates with effect from April 1, 2026.
Under the revised rates, mediators are entitled to ₹4,500 per case settled through mediation. For connected matters, the rate is ₹750 per case, subject to a maximum of ₹1,500 irrespective of the number of connected cases.
Where no settlement is reached despite three effective hearings, the prescribed honorarium is ₹1,500.
The counsel appearing for KeLSA submitted that the revised rates were lower than those recommended by the Board of Governors on January 7, 2022.
The High Court directed the State Government to release honorarium at the revised rates notified under the September 30 government order and to reconsider the proposal concerning the rates recommended by the Board of Governors.
The Court further directed the Member Secretary, KeLSA, to submit a statement to the Secretary, Finance Department, specifying the differential amount payable towards mediators' honorarium pursuant to the government order dated September 30, 2026.
The Finance Department was directed to release the differential amount at the earliest.
The Member Secretary, KeLSA, was also directed to file an affidavit reporting the disbursement of mediators' honorarium and victim compensation. The Secretaries of the DLSAs were instructed to furnish all necessary information to enable compliance with the Court's directions.
The Court additionally directed the Member Secretary, KeLSA, and the State Government to file separate affidavits detailing the steps taken to recover amounts paid towards victim compensation.
The matter has been posted for December 2 for further considerations.
Counsel for Respondents: O M Shalina (DSGI), Shibi K P, Leo Lukose, Ramola Nayanpally
Amicus Curiae: Adarsh Kumar