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Section 19: Judgment and award of compensation

The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020State Act of Uttar Pradesh · Act 11 of 2020

19. (1) The Claims Tribunal, in passing order, shall record concisely in judgment the finding on each of the issues framed and the reasons for such finding and make an award, specifying the amount of compensation to be paid and shall also specify the person or persons jointly or severally separately as the case may be to whom compensation shall be payable:

Provided that the Claims Tribunal may, for reasons to be recorded, award an 'Exemplary Damages' to an extent not exceeding double of the amount of the compensation liable to be paid :

Provided further that if any amount as compensation has been paid, to the owner of the private property damaged in incident, by the State Government or Central Government or Insurance company or any other agency in this behalf, the Claims Tribunal shall adjust such amount from the amount of compensation so awarded :

Provided also that the compensation shall not be less than the market value of the property damaged on the day of incident.

(2) Where compensation is awarded to two or more person, under sub-section (1) the Claims Tribunal shall also specify the amount payable to each of them.

As soon as the order of recovery for damage is passed the property of the respondent to be attatched and authorities shall be directed to publish the name address along with photograph with a warning for public at large not to purchase property attatched.

(3) The Claims Tribunal may while disposing of the claim for compensation, make such orders regarding costs and expenses incurred in the proceeding as it thinks fit.

[(4) The amount of compensation payable under sub-section (1) in respect of the death of any person shall be a minimum sum of Five Lakh rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a minimum sum of One Lakh rupees.

(5) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of such award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct.

(6) A Claim for compensation under sub-section (1) shall not be defeated by reason of any neglect or default of the person in respect of whose death or permanent disablement the claim has been made and the quantum of compensation recoverable in respect of such death or permanent disablement shall not be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement.]

Where this provision sits

ActThe Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020
Section19
Marginal noteJudgment and award of compensation
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Subs. by sec. 4 of U.P. Act no. 12 of 2022 .

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