Case Note & Summary
The Supreme Court, in a writ petition, addressed concerns regarding the ineffective implementation of the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022, framed under Section 161 of the Motor Vehicles Act, 1988. The court noted that despite a high number of hit and run accidents reported annually, with figures ranging from 55,942 in 2016 to 67,387 in 2022, only 205 claims were received under the Scheme in the financial year 2022-23, out of which 95 were settled. This indicated a negligible uptake, attributed partly to victims' lack of awareness about the Scheme. The court examined the Scheme's framework, including the roles of the Standing Committee and District Level Committees in reviewing implementation and ensuring publicity. It also considered submissions from amicus curiae and counsel, highlighting the need for police to inform victims about the Scheme when a hit and run accident is identified, as defined under Section 145 of the Act. Additionally, the court addressed issues related to the superseded Solatium Scheme, 1989, which had a limitation period for claims, and directed the Central Government to consider allowing applications under that Scheme as a one-time measure. The court issued interim directions to the Standing Committee to review the Scheme's working, identify causes of non-implementation, and recommend amendments if necessary, and to the police to inform and assist victims in filing claims. The decision aimed to enhance awareness and accessibility of compensation for hit and run accident victims.
Headnote
A) Motor Vehicles Law - Compensation for Hit and Run Accidents - Implementation of Scheme - Motor Vehicles Act, 1988, Section 161 - The court considered the low uptake of the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022, with only 205 claims received in 2022-23, and directed the Standing Committee to review the Scheme's implementation, identify causes of non-implementation, and recommend amendments if necessary to ensure victims are aware and assisted in filing claims. Held that the Standing Committee must take corrective measures to encourage claimants entitled under the Scheme. (Paras 1-5) B) Motor Vehicles Law - Compensation for Hit and Run Accidents - Police Duty to Inform Victims - Motor Vehicles Act, 1988, Section 145 - The court noted that victims may not be aware of whether an accident is hit and run, and directed that when police conclude it is a hit and run accident, they must inform the victim or legal representatives about the availability of the Scheme and assist them in filing claims, as reasonable efforts must be made to ascertain vehicle identity. Held that appropriate directions are necessary to ensure victims are informed and assisted. (Paras 6-8) C) Motor Vehicles Law - Compensation for Hit and Run Accidents - Limitation Period Under Superseded Scheme - Motor Vehicles Act, 1988, Section 163 - The court addressed submissions regarding the Solatium Scheme, 1989, which had a 6-month limitation period extendable to 12 months, and directed the Central Government to consider whether a modification can be made as a one-time measure to allow those entitled under the Solatium Scheme to apply, as many victims may not have been aware of their rights. Held that this submission merits consideration. (Paras 7-8)
Issue of Consideration
Whether interim directions are required for the effective implementation of the provisions of the Motor Vehicles Act, 1988 relating to grant of compensation in case of hit and run motor accidents, and addressing the negligible number of victims taking advantage of the Scheme.
Final Decision
The court issued interim directions: (a) directing the Standing Committee to consider the annual report from the General Insurance Council, identify causes of non-implementation of the Scheme, and recommend amendments if necessary; (b) directing that when police conclude an accident is hit and run, they must inform the victim or legal representatives about the Scheme and assist in filing claims; (c) directing the Central Government to consider whether a modification can be made to allow those entitled under the Solatium Scheme to apply as a one-time measure.
Law Points
- Interpretation of Section 161 of the Motor Vehicles Act
- 1988
- Implementation of Compensation of Victims of Hit and Run Motor Accidents Scheme
- 2022
- Role of Standing Committee and District Level Committees
- Duty of Police to inform victims about the Scheme
- Consideration of limitation period under superseded Solatium Scheme
- 1989
