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2022 Supreme(Ker) 801

P. V. KUNHIKRISHNAN
V. K. BHASI S/O KUTTAPPAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P. SANJAY, A. PARVATHI MENON, BIJU MEENATTOOR, PAUL VARGHESE, P.A. MOHAMMED ASLAM, KIRAN NARAYANAN, PRASOON SUNNY, AMRUTHA M. NAIR, RAHUL RAJ P.
For the Respondent: JIMMY GEORGE.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key legal points:

  1. The scheme for compensation in hit and run motor accident cases is a comprehensive legal framework established under the Motor Vehicles Act, 1988, specifically Sections 161 to 163, along with the Solatium Scheme, 1989 (!) (!) .

  2. The scheme designates the Revenue Divisional Officer as the Claims Enquiry Officer and the District Collector as the Claims Settlement Commissioner, both of whom are authorized to consider and process claims for compensation (!) (!) .

  3. The procedure for claiming compensation involves submitting an application in a prescribed Form I, along with a discharge receipt in Form II and an undertaking in Form V, to the Claims Enquiry Officer at the relevant jurisdiction (!) (!) .

  4. The Claims Enquiry Officer is responsible for obtaining necessary reports such as FIR, inquest, post-mortem, or injury certificates, and conducting an enquiry to determine rightful claimants and prepare a report within a specified timeframe (!) (!) (!) .

  5. The Claims Enquiry Officer must submit a report in a prescribed form, which is then reviewed and sanctioned by the Claims Settlement Commissioner within a set period, typically within fifteen days of receiving the report (!) (!) .

  6. Once sanctioned, the Claims Settlement Commissioner issues a formal order of compensation, which is communicated to all relevant authorities, including the insurance company (!) .

  7. The legal framework prescribes a strict timeline for the entire process, emphasizing the importance of timely submission, enquiry, and payment of compensation in hit and run cases (!) (!) .

  8. If the victim has not submitted the application in the prescribed form, authorities are authorized to direct the claimant to do so, and the process can be initiated upon submission of the correct documentation (!) (!) .

  9. In the case discussed, the petitioner is entitled to submit a proper application in the prescribed form within a specified period, after which the authorities are required to conduct an enquiry and process the claim expeditiously (!) (!) .

  10. The legal provisions and scheme collectively aim to ensure that victims of hit and run accidents receive timely compensation, and the authorities are mandated to facilitate this process efficiently (!) (!) .

Please let me know if you need further elaboration or assistance with specific legal interpretations.


JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. A latest study on the major causes of road accidents shows that out of the total cases of 4,03,116 road accidents during the year 2020-21, 59.7% of the road accidents has occurred in rural areas (2,40,660) and 40.3% has occurred in urban areas (1,62,456). Among this, there are several hit and run accidents. ‘Hit and run motor accident’ means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose. The Motor Vehicles Act, 1988 (for short ‘Act 1988’) provides compensation for hit and run motor accidents. Sections 161 to 163 are the relevant provisions which deals with the compensation payable for hit and run accident cases. Based on Section 163(1), Solatium Scheme of 1989 was framed by the Central Government. I think the general public is not aware about this scheme and they are ignorant about the competent authority to whom application is to be submitted for getting compensation in ‘hit and run’ cases. Therefore, a detailed discussion about Sections 161 to 163 of the Act, 1988 and the Solatium Scheme, 1989 is necessary.

2. The brief facts of the

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