ABHAY S. OKA, PANKAJ MITHAL
S. Rajaseekaran – Appellant
Versus
Union Of India – Respondent
ORDER :
ABHAY S. OKA, J.
1) We have heard the learned counsel on the question of issuing interim directions for the effective implementation of the provisions of the Motor Vehicles Act, 1988 (for short, ‘the MV Act’) relating to the grant of compensation in case of hit and run motor accidents.
2) Section 161 of the MV Act, as applicable from 1st April 2022, reads thus:
(a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of two lakh rupees or such higher amount as
Hit and Run motor accidents – Value of money diminishes with time – Central Government must consider whether compensation amounts can be gradually enhanced annually.
As per Section 163 of the Act, 1988, the Central Government may, by notification in the Official Gazette, make a scheme specifying, the manner in which the scheme shall be administered by the General....
The Tribunal has the jurisdiction to entertain claims for fixed compensation under Section 161 of the Motor Vehicles Act, despite the Solatium Scheme 1989.
Cashless treatment for victims of motor vehicle accidents – Scheme for Golden Hour – It is a statutory obligation of Central Government to frame scheme – Once scheme is framed and its implementation ....
Point of law: Scheme is a social welfare scheme requiring liberal construction and application of benefit to needy people.
Point of Law : Road Accident – Compensation claim - Claims Tribunal shall make an endeavour to complete the proceedings as expeditiously as possible, within 30 days of.
The court emphasized the need for a logical and sound foundation in determining compensation under the Motor Vehicles Act, considering the implications of Schedule 2 and Sections 163 and 163A.
(1) Motor accident – After lodging FIR and on receipt of information by insurance company, it would be duty of company to appoint a Nodal Officer and furnish intimation to State police, who shall coo....
The FastDAR Scheme mandates compensation claims for road accident deaths be resolved within ten days, ensuring prompt justice for victims' families.
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