SC Directs Centre to Reevaluate Compensation in Hit-and-Run Cases

The Supreme Court has directed the Centre to reconsider the compensation amounts in case of death and grievous injury in hit and run accidents’ annual enhancement.

The matter was adjourned for further consideration on April 22. The Apex Court also asked the government to provide an appropriate decision within eight weeks.

The court noted that the Motor Vehicles (MV) Act, 1988 provides that in case of death of any person resulting from hit-and-run accident, a compensation of Rs 2 lakh or such higher amount as may be prescribed by the central government shall be paid and in case of grievous injury, the compensation amount is Rs 50,000.

The police was asked by the Apex Court to inform the victims’ family members of such accidents regarding the compensation scheme under the MV Act.

A bench of Justices A S Oka and Pankaj Mithal mentioned in its order that as per the year-wise reports published by the Ministry of Road Transport and Highways, 55,942 hit-and-run accidents were reported in 2016, while in 2022, the figure stood at 67,387.

“It is evident from records published by the Ministry of Road Transport and Highways of the Government of India from 2016-2022 that there were 55,942 hit and run motor accidents in 2016, which increased to 65,186 in 2017, 69,621 in 2018, and 69,621 in 2019. During COVID-19 period, the number of accidents decreased,” the bench said.

The bench also illustrated an answer given by the road transport and highways minister in the Lok Sabha in March last year.

“The answer records that in the last five years, there were 660 deaths in hit-and-run cases, and there were 113 injury cases for which compensation of Rs 184.60 lakh was disbursed,” the bench said in its January 12 order.

“If we compare the number of hit-and-run road accidents reported and the number of cases registered for seeking compensation, what stares at the face is that negligible number of victims have taken advantage of the said scheme,” it said.

The bench observed that one of the reasons may be that victims were not made aware of the existence of the compensation scheme.

“The value of money diminishes with time. We direct the central government to consider whether the compensation amounts can be gradually enhanced annually. The central government shall take an appropriate decision on this issue within eight weeks from today,” the apex court said.

The court issued its order following arguments presented on the matter of ensuring the proper execution of provisions in the Motor Vehicles Act pertaining to the provision of compensation in instances of hit-and-run accidents. The highest court is currently considering a petition urging the enforcement of regulations for road safety.

The bench passed its order after hearing submissions on the issue of effective implementation of the provisions of the MV Act relating to grant of compensation in case of hit-and-run accident cases. The top court is seized of a plea seeking enforcement of road safety norms.

In its order, the apex court noted that in terms of sub-section (3) of section 161 of the MV Act, the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 has been brought into force with effect from April 1, 2022 and it superseded the Solatium Scheme, 1989.

The bench noted the scheme provides for setting up of standing committee and district level committees. It was further noted that standing committee is at the central level and its primary duty is to periodically review the working of the scheme.

“The standing committee must look into the causes of non-implementation of the scheme and direct corrective measures to be taken to ensure that every claimant who is entitled to the benefit of the scheme is encouraged to take benefit thereof. If the scheme cannot be effectively implemented without making amendments, the standing committee must recommend amendments to the scheme,” the bench said.

It directed that the standing committee shall issue elaborate directions for developing public awareness and for sensitisation of public about the scheme.

“If the particulars of the vehicle involved in the accident are not available at the time of registration of the report regarding the accident by the jurisdictional police station and if, after making reasonable efforts, the particulars of the vehicle involved in the accident could not be ascertained by the police within a period of one month from the date of registration of accident report, the officer-in-charge of the police station shall inform in writing to the injured or the legal representatives of the deceased, as the case may be, that compensation can be claimed under the scheme,” the bench said.

It said contact details of the jurisdictional claims enquiry officer shall be provided by the police to the injured or the legal representatives of the deceased