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P. NAVEEN RAO, G. RADHA RANI
Simhadri Bharathi, W/o Late S. Bapuji – Appellant
Versus
State of Telangana, rep. by its Prl. Secretary for Home, Secretariat, Hyderabad, T. S. – Respondent
ORDER :
P.Naveen Rao, J.
Heard learned counsel Sri K.Venkat Reddy for the petitioners, learned Government Pleader for Home for respondents 1 and 2, and learned standing counsel Sri J.Anil Kumar representing State Legal Services Authority for respondent no.3.
2. In all these Writ Petitions, accused who caused motor vehicle accidents as well as vehicles involved in the accidents, resulting in death of family members of claimants, were not traced. While registering the crimes as well as filing charge sheets, the Police have clearly indicated that the accused are undetected. Claiming that since accused were not detected and insurance companies are not identified, the family members of the victims cannot file cases under the Motor Vehicles Act, 1988 (for short, Act, 1988) to claim compensation for the loss caused, these writ petitions are instituted praying to grant compensation under Section 357-A of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’) and ‘the Telangana Victim Compensation Scheme’ (Scheme) formulated and notified by the State Government vide G.O.Ms.No.9 Law (LA, LA&J-Home- Courts.B) Department, dated 07.03.2015. They are aggrieved by rejection of their claim by the
Point of law: Scheme is a social welfare scheme requiring liberal construction and application of benefit to needy people.
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....
Point of Law : Motor Accident – Compensation - The general rule which has always prevailed in regard to the assessment of damages under Fatal Accidents Act is well settled, namely, that any benefit a....
Hit and Run motor accidents – Value of money diminishes with time – Central Government must consider whether compensation amounts can be gradually enhanced annually.
The court established the ability to convert claims from Section 163-A to Section 166 of the Motor Vehicles Act, allowing for cases based on negligence to receive thorough examination and compensatio....
Compensation under Section 163A of the Motor Vehicles Act is payable upon proof of death in an accident, regardless of the absence of a specific police case.
The court affirmed that compensation under Section 163A is payable regardless of the vehicle's permit status, emphasizing the structured formula for calculating compensation.
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