Hit and Run Compensation under Motor Vehicles Act, 1988

Section 161 provides for compensation in hit and run motor accidents: Rs. 2 lakh for death and Rs. 50,000 for grievous hurt, or higher amounts as prescribed, payable per the Scheme framed by Central Government. (!) (!) (!) (!) (!)

The Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 (effective 1 April 2022) supersedes the prior Solatium Scheme. It establishes a Standing Committee (central level) for review, recommendations, and corrective actions; District Level Committees for local implementation, publicity, and quarterly reporting; Claims Enquiry Officer for initial processing (including FAR and post-mortem verification); and Claims Settlement Commissioner for sanction, with e-payment by General Insurance Council within 15 days. (!) (!) (!) (!) (!) (!)

Implementation issues noted: hit and run accidents rose from 55,942 (2016) to 67,387 (2022), but claims remain negligible (e.g., 205 received in FY 2022-23, 95 settled; 660 deaths/113 injuries compensated over 5 years totaling Rs. 184.60 lakhs). Causes include lack of awareness; Standing Committee must investigate, direct measures, and recommend amendments if needed. (!) (!) [5]

Court Directions for Effective Implementation:

• Standing Committee: review General Insurance Council report, recommend Scheme amendments, issue implementation/public awareness directions, report compliance within 4 months. (!) (!) (!) (!) [8]

• Interim measures (till further orders):

• Police: if vehicle unidentifiable after 1 month reasonable efforts, inform victim/legal reps in writing of Scheme, provide Claims Enquiry Officer details; forward FAR/names within 1 month. (!) (!) [9]
• Claims Enquiry Officer: enter details in register; if no claim within 1 month, refer to District Legal Service Authority for assistance. (!)
• District Monitoring Committee (DLSA Secretary-convened, with Claims Enquiry Officer/DSP): meet bi-monthly to monitor. (!)
• Claims Enquiry Officer: forward recommendation to Claims Settlement Commissioner within 1 month of claim. (!)
• DLSA: form committees, submit quarterly reports up the chain to Supreme Court Registry. (!) (!)

Central Government directed to consider: annual enhancement of compensation amounts (due to inflation); one-time extension of Solatium Scheme limitation (previously 6-12 months) for past eligible claimants. Decisions within 8 weeks. (!) [11][12]

Police must classify accidents per Section 145(d) (unidentifiable vehicle despite efforts) and proactively inform/assist claimants.[6]