Victims of hit-and-run accidents are entitled to compensation under the Motor Vehicles Act, 1988, and must follow the procedural requirements of the Solatium Scheme, 1989 for effective claim processing.

JUDGMENT

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 Sec.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 to 163 of the Act, 1988 and the Solatium Scheme, 1989 is necessary.

2. The brief facts of the present case can be narrated first. The petitioner is a victim of ‘hit and run’. On 2.11.2021 at 7 pm, the petitioner was riding a motor cycle/scooter (Honda Activa bearing No. KL 41 Q 5627) and was returning from work. On his way from Edappally, when the petitioner reached the flyover located just after the Apollo Junction, Kalamassery a car hit the rear side of his scooter and left without stopping. The petitioner fell down on that impact and sustained serious injuries. Exts.P1 to P4 are the medical records. The petitioner submitted a complaint before the Kalamassery Police station as evident by Exts.P5 and P6. Even though, the case was not registered originally, subsequently, Crime No. 1697/2021 was registered as evident by Ext.P7. After investigation, the Police informed the petitioner that they have not been able to identify the vehicle. Accordingly, Ext.P8 was sent by the Police informing that the case is undetectable.

3. The petitioner approached the authorities for getting compensation under the Solatium Scheme, 1989 and there was no response. Hence, this writ petition is filed with the following prayers :

“i. Issue a writ of mandamus directing the 1st respondent to take steps to appoint Claim Enquiry Officers in every Taluk in Kerala for the purpose of settling claims under Section

161 of the Motor Vehicles Act;

ii. Issue a Writ of mandamus directing the 1st respondent to grant compensation to the petitioner;

iii. Issue a writ of mandamus directing the 2nd respondent to consider Ext P10 representation of the petitioner within a time frame fixed by this Hon'ble Court.

iv. Issue any other writ, direction or order which this Hon'ble Court deems fit in the facts and circumstances of this case.” (SIC)

4. Heard the learned counsel for the petitioner and Sri.

Jimmy George, the learned Government Pleader.

5. The learned counsel for the petitioner reiterated his contentions in the writ petition and submitted that the respondents are not taking steps for disbursing the compensation amount and no claims enquiry officer is appointed as per the Scheme.

6. The Government Pleader, after getting instructions, submitted that the 2nd respondent, The District Collector received Ext.P10 representation for taking necessary steps to appoint Claims Enquiry Officer in the Taluk for ‘Hit and Run cases’ and to grant him compensation. The Government Pleader submitted that the law governing the issue is Solatium Scheme, 1989 and it designates Revenue Divisional Officer (RDO) as the Claims Enquiry Officer and the District Collector as the Claims Settlement Officer. The Government Pleader further submitted that the petitioner has not submitted an application seeking compensation as laid down in Form I under the Solatium Scheme, 1989. Hence, it is submitted that the District Collector directed the Sub-Collector, Fort