SCHEME 11: DISBURSAL, APPORTIONMENT, ETC. OF CERTAIN AMOUNTS


(1) The disbursal of any amounts under this Scheme shall be made by the Deputy Commissioner to each claimant through credit in a bank or postal saving account.

(2) The Central Government may determine the total amount of compensation to be apportioned for each category of claims and the quantum of compensation payable, in general, in relation to each type of injury or loss.

(3) The Deputy Commissioner shall determine the quantum of compensation payable to each claimant within a category specified in paragraph 5 in accordance with the provisions of subparagraph (4) subject to any court order, settlement or award of damages in any specific case.

(4) In determining the quantum of compensation payable to the claimants within different categories specified in paragraph 5, regard shall be had amongst other factors, to the following factors, namely :

(a) the probable life span of the person affected by the Bhopal gas leak disaster;

(b) the actual or projected earning capacity of the person so affected;

(c) the likely expenditure on immediate and anticipated medical treatment of the person so affected;

(d) mental anguish and physical injury suffered by a person in the Bhopal gas leak disaster, and

(e) the type and severity of physical injury suffered by the persons so affected.

(5) In the event of a dispute as to disbursal of the amounts received in satisfaction of claims, an appeal shall lie against the order of the Deputy Commissioner to the Additional Commissioner, who may decide the matter and make such disbursal as he may, for reasons to be recorded in writing; think fit

(6) The provisions of sub-paragraphs (6) and (7) of paragraph 5 of the Scheme shall apply to the appeal under sub-paragraph (5) as they apply to the appeal under sub- paragraph (5) of that paragraph.

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