Court mandates prompt processing of victim compensation claims totaling Rs. 9.73 crore and orders release of revised mediator fees as per recent government order
In a significant suo motu proceeding on October 14, 2026, the Kerala High Court, led by Chief Justice Soumen Sen and Justice Syam Kumar V.M., issued crucial directions to address delays in the disbursement of victim compensation and mediator honorariums in the state. The court took suo motu cognizance of procedural delays that have hindered timely payment to victims under the Victim Compensation Scheme and to mediators facilitating dispute resolution.
The court's order was based on a status report submitted by the Member Secretary of the Kerala State Legal Services Authority (KeLSA), which highlighted ongoing delays in the processing and release of victim compensation payments. The High Court directed the Member Secretary to ensure that victim compensation is disbursed promptly going forward. In particular, the Secretaries of the District Legal Services Authorities (DLSAs) were commanded to collect all required documentation from victims at the time of adjudication itself to avoid further procedural delays.
To institutionalize accountability, the court ordered the Member Secretary, KeLSA, to conduct weekly reviews of the disbursement status with the DLSAs and file progress reports. Additionally, all pending victim compensation payments, which amount to Rs. 9,73,85,000 across 225 cases pending before the Additional Chief Secretary, Home Department since September 16, 2026, were mandated to be disbursed within three weeks, with the State Government asked to release the funds preferably within five weeks.
The Kerala High Court also addressed the issue of mediators' remuneration, following the State Government's recent Government Order (Rt.) No. 1089/2026/LAW dated September 30, 2026. This order revised mediator honorarium rates effective April 1, 2026, specifying Rs. 4,500 per case settled through mediation, Rs. 750 per connected matter (with a maximum of Rs. 1,500), and Rs. 1,500 in cases where no settlement is reached after three hearings.
Noting submissions that these revised rates fall short of recommendations by the Board of Governors dated January 7, 2022, the court directed the State Government to release the honorarium at the new rates and reconsider the Board's recommended higher rates. The Member Secretary, KeLSA, was tasked with submitting a detailed statement of the differential amounts payable to mediators to the Finance Department, which was ordered to release the pending differential amount promptly.
Further, the court required KeLSA and the State Government to file affidavits detailing steps taken to recover amounts paid as victim compensation, especially highlighting cases where recovery is delayed due to stay orders or ongoing proceedings.
The court scheduled the next hearing for December 2, 2026, to review compliance with these directions.
This order reflects the Kerala High Court's proactive stance to ensure justice and prompt relief for victims and fair remuneration for mediators, thereby strengthening the efficacy of the legal aid and mediation mechanisms in the state.
Bottom Line:
Victim compensation - Delay in disbursement - High Court directed KeLSA and DLSAs to ensure timely collection of documents, weekly review of disbursement, completion of pending victim compensation within three weeks and directed State Government to release pending amount of Rs. 9,73,85,000/- in 225 cases preferably within five weeks - Mediators' honorarium - State directed to release honorarium at revised rates notified by Government Order dated 30-9-2026, reconsider higher rates recommended by Board of Governors and release differential amount at earliest.
Statutory provision(s): Victim Compensation Scheme, Kerala State Legal Services Authority Act.
