The police should notify victims of 'hit and run' accidents about the available compensation scheme. Additionally, the Central Government to evaluate the possibility of increasing the compensation amount : Supreme Court
The Hon’ble Supreme Court in the matter of S Rajaseekaran v. Union of India and others, expressed concern over the inadequate rate of compensation granted under the Central Government's scheme for victims of 'hit and run' accidents, has issued several directives. The Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022, effective from April 1, 2022, outlines compensation of Rs 2 lakh and Rs 50,000 for deaths and injuries, respectively, in cases where the offending vehicle is unidentified, as per Section 161 of the Motor Vehicles Act 1988.
Despite 67,387 hit and run accidents in 2022, only 205 claims were raised under the scheme during the fiscal year 2022-23, with 95 settled. The Court noted 660 deaths and 113 injury cases in hit and run incidents in the last five years, with compensation of 184.60 Lakhs disbursed.
Citing a potential lack of awareness among victims about the scheme, the Court directed the police to inform victims in hit-and-run cases about the compensation scheme. The Court criticized instances where the police and Claims Enquiry Officers were aware of hit and run accidents but made no efforts to inform victims about the available compensation scheme.
The Court issued directives, including: a) Notifying victims or their legal representatives about the compensation scheme if vehicle particulars are unavailable within one month of the accident report. b) Forwarding accident reports to Claims Enquiry Officers within one month, with names of victims and their legal representatives. c) Constituting Monitoring Committees at the district level to oversee scheme implementation. d) Claims Enquiry Officers forwarding their recommendations and documents to the Claim Settlement Commissioner within one month of receiving a filled-in claim application.
On the absence of a limitation period in the 2022 scheme, the Court suggested considering a modification for those entitled under the earlier Solatium Scheme, allowing them to apply within the extended time as a one-time measure.
Regarding compensation amounts, the Court directed the Central Government to explore annual enhancements and make a decision within eight weeks. The Standing Committee was tasked with increasing public awareness and effective implementation of the scheme.
The Court scheduled a follow-up on April 22, 2024, to monitor compliance.