The failure to conduct professional, technology-driven investigations in hit-and-run road accidents, combined with the ineffective implementation of compensation schemes, denies victims necessary justice and legal remedy. The court mandates the creation of specialized investigative units to ensure efficient prosecution, victim protection, and administrative accountability.

JUDGMENT

Nowadays news reports about road accidents seldom catch the attention of newspaper readers. A stage has reached where the general public consider motor vehicle accidents, leading to casualties, the order of the day. Right from the occurrence, things will move on as a routine course with the injured or the dependents of those who lost life ultimately getting a claim award from the MACT after several years. Among the scores of road accidents occurring every day, there is a rare category of cases which are not given proper attention by the law enforcers, legal practitioners, and even to a certain extent, by Courts. Those are the hit and run cases where the offending vehicle and the culprits on wheels manage to escape from being caught notwithstanding the fact that there are CCTV cameras of shops and other establishments in almost every nook and corner of our roads. As matter stands now, the victims of such accidents bear the brunt of the treatment expenses, loss of earnings and devastated health since there is no effective implementation of the scheme by name ‘Compensation to Victims of Hit and Run Motor Accidents Scheme, 2021’ made under Section 161 of the Motor Vehicles Act, 1988. Three such cases are the subject matter of this judgment.

W.P(Crl) No.721/2026

An employee aged 35 years, working at HDFC Bank, while riding a motor bike, was hit down by a XUV car at about 8:30 p.m on 26.12.2025 at the busy stretch of Angamaly-Aluva road where many of the shops and establishments on either side are having CCTV cameras installed. The treacherous driver of that car, who drove away from that spot, could not be traced so far by our tech-savvy police force. That hapless victim, who spent more than Rs.20 Lakh for treatment, and still remaining crippled due to the severe spine injury he suffered in that accident, seeks the investigation to be handed over to an officer not below the rank of a Dy.S.P. He believes that the experience and expertise of a police officer of a high rank might pave the way for booking the offender and his rogue vehicle.

W.P(Crl) No.15/2026

A 60 year old mason, who was the sole bread-winner of his family, was hit down by a car at about 9:30 p.m on 31.08.2025 while riding scooter through the public road near Ethukkad market coming under Kallambalam Police Station limits of Thiruvananthapuram District. Due to the impact of the serious head injury suffered as a result of the said accident, he lost his life after remaining in the ICU ventilator of Thiruvananthapuram Medical College till 2:00 a.m on 13.09.2025. The Kallambalam Police, which registered FIR under paragraph No.306(1)(c)(MA) of the Police Standing Order, are still unable to get any lead about the vehicle which knocked down the said victim. For the above reason, the wife of the deceased has filed the writ petition to entrust the investigation with any higher police official, hopeful of such high ranking police officer nabbing the offender. She has even produced a pen drive before this Court, which according to her, contained the CCTV visuals of the accident in which she lost her husband.

W.P(Crl) No.829/2026

A 24 year old lady, while riding her scooter in the broad day light at 9:15 a.m on 26.06.2025 through Kadavanthra-Panampilly Nagar road at Ernakulam city, was knocked down from behind by a motor cyclist who fled from the scene daring the huge traffic of several junctions ahead. The victim suffered multiple fractures of facial bones and right hand, in addition to the loss of several teeth and other injuries throughout the body, which required prolonged treatment for months thereafter. In spite of the presence of several police personnel deployed for traffic control and maintenance of law and order throughout the stretch of the road through which the culprit surged ahead, he still remains outside the bounds of law. In this writ petition, the victim seeks a direction to the Assistant Commissioner of Police to conduct a fair, proper, effective and expeditiou