Award of compensation and its apportionment.

(1) The Claims Tribunal shall, after hearing the parties and on the basis of material available on record and the reports of the Claims Commissioner and independent valuation agency determine the liability of the person and the monetary value of the compensation to be awarded to each applicant.

(2) The Claims Tribunal while determining each claim for compensation, shall also decide the apportionment of the compensation recoverable from amongst the persons leading, organizing, planning, exhorting, instigating, participating or committing the incident that led to the damages.

(3) The Claims Tribunal shall, along with the award under sub-section (1), issue a certificate for recovery of damages for the amount so awarded. The Collector shall proceed to recover the amount on application for execution of the award, in the same manner as an arrears of land revenue:

Provided that the Claims Tribunal shall not award compensation higher than the compensation claimed by the applicant or ten crores rupees, whichever is less:

Provided further that no person shall be liable to pay more than one crore rupees.

(4) The Claims Tribunal may, for reasons to be recorded, also award exemplary damages, not exceeding the total amount of the compensation awarded for the incident of disturbance to public order leading to the damages and such damages shall be payable, jointly or severally, by the persons leading, organizing, planning, exhorting, instigating, participating or committing the incident that led to the damages:

Provided that such exemplary damages shall be paid into the Consolidated Fund of the State.

(5) The Collector shall have the power to issue an order of attachment of property or bank account of any person against whom award has been passed by the Claims Tribunal to pay compensation and such property or bank account shall remain attached till the person makes the payment of the amount due.

(6) The compensation receivable on account of damages to any property- (i) owned by the Central Government or the State Government or on account of the cost of requisition of police or paramilitary forces from outside the State shall be deposited by the District Magistrate in the Consolidated Fund of the Union or the State, as the case may be; (ii) owned by any organization owned and controlled by the Central Government or the State Government, shall be paid by the District Magistrate to such organization; (iii) owned by a company, trust, university or society or a statutory board other than an organization under (ii) above, shall be paid by the District Magistrate to such company, trust, university or society or a statutory board, as the case may be; (iv) owned by a person other than (iii) above, shall be paid by the District Magistrate to such person: Provided that if any amount as compensation has been paid to the owner of any property damaged in incident (s), by the State Government or Central Government or any insurance company or any other agency in this behalf, the District Magistrate shall adjust such amount from the amount of compensation to be paid; and the amount so adjusted shall be paid to the State Government or Central Government or such insurance company or such other agency.

(7) The Claims Tribunal may while disposing of the applications for claims for compensation, may pass such orders regarding costs and expenses incurred in the proceedings, as it deems fit.