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SC direction in hit-and-run case welcomed

Currently, a compensation of 2 lakh is paid in case of death and 50,000 in case of grievous injury when an accident by an unknown vehicle occurs.

Published on: Jan 13, 2024, 19:25:16 IST
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The Supreme Court has issued directions to the central government to consider enhancing the compensation amount in case of grievous injury and death caused from hit-and-run motor accident cases.

The Supreme Court (HT Photo)
The Supreme Court (HT Photo)

Currently, a compensation of 2 lakh is paid in case of death and 50,000 in case of grievous injury when an accident by an unknown vehicle occurs.

Clause (d) of Section 145 of Motor Vehicle Act defines a ‘hit and run accident’ as ‘an accident involving a motor vehicle can be considered as a hit and run accident, provided the identity of the vehicle that caused the accident cannot be ascertained despite reasonable efforts”.

KC Jain, an advocate and road safety activist from Agra had moved an Interlocutory Application (IA No. 71387 of 2023) in Writ Petition No. 295 of 2012 S Rajaseekaran versus Union of India and others and the directions came in the said case on Friday. Jain has welcomed the order by the apex court.

“Section 161 of the Motor Vehicle Act, as applicable from April 1, 2022, provides for compensation by central government in respect of death of, or grievous hurt to, persons resulting from hit and run case,” stated Jain.

“The year wise report titled ‘Road Accidents in India’ published by ministry of road transport and highways revealed that there were 55,942 in 2016, 65,186 in 2017, 69,822 in 2018, 69,621 in 2019 and 67,387 in 2022 hit and run accidents with increasing trends’ stated Jain. “The annual report of the General Insurance Council has revealed that in financial year 2022-23 only 205 claims were received under the scheme for compensation out of which 95 claims were settled,” said Jain.

“A reply in Lok Sabha by the minister of road transport and highways had further revealed that there were 660 deaths in hit-and-run cases in five years and there were 113 injury cases for which compensation of 184.60 lakh was disbursed. A comparison of the number of hit-and-run incidents reported and the number of cases registered for compensation, it makes clear that a negligible number of victims have taken advantage of the scheme,” he said.

“The Supreme Court in its order observed that one reason for this might be that victims were not aware about the existence of the scheme. The court directed that the officer in charge of the police station within jurisdiction of which the accident took place, shall inform in writing to the injured or legal representative of the deceased about the scheme for claiming compensation within a period of one month, if the vehicle causing the accident remains unidentified,” highlighted Jain.

  • Hemendra Chaturvedi
    ABOUT THE AUTHOR
    Hemendra Chaturvedi

    Hemendra Chaturvedi is based in Agra serving as an Assistant Editor, covering districts of Agra and Aligarh division of western Uttar Pradesh. He has been with HT since 1992 and has completed three decades of association with HT.Read More