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. Th