In a groundbreaking move, the Supreme Court has voiced serious concerns over the inadequate disbursement of compensation to victims of hit-and-run accidents under the current government scheme. Demanding comprehensive changes, the court issued a series of directives to address the pressing issues surrounding the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022, set in motion by the Central Government.
The existing scheme, enacted under Section 161 of the Motor Vehicles Act 1988, stipulates compensation amounts of Rs 2 lakh and Rs 50,000 for fatalities and injuries, respectively, resulting from unidentified vehicles in hit-and-run incidents. Shockingly, the court noted that despite 67,387 reported hit-and-run accidents in 2022, only 205 claims were raised during the 2022-23 financial year, with a mere 95 settled cases.
In a compelling revelation, the bench, comprised of Justices Abhay S Oka and Pankaj Mithal, underscored the apparent lack of awareness among victims about the compensation scheme. To address this, the court mandated that the police take an active role in informing victims of hit-and-run accidents about the available scheme, emphasizing the need for assistance in filing claims.
The court issued specific directives, including:
a) In cases where the vehicle details are unavailable, the police must inform victims within a month that compensation can be claimed, providing contact details for the Claims Enquiry Officer.
b) Police stations should forward Accident Reports to Claims Enquiry Officers within one month of the incident, including victim details for timely processing.
c) Establishment of Monitoring Committees at the district level to ensure scheme implementation and compliance with directives.
d) Claims Enquiry Officers must promptly forward reports and recommendations to the Claim Settlement Commissioner.
Notably, the bench also urged the Central Government to reevaluate the compensation amount, citing the diminishing value of money over time. They directed the government to consider annual increments to the compensation amounts and make a decision within eight weeks.
Furthermore, the court recommended the extension of the application period for victims eligible under the earlier Solatium Scheme, emphasizing that many might be unaware of their entitlements.
To enhance public awareness, the Standing Committee was directed to take effective measures, with the court planning a follow-up review on April 22, 2024, to ensure compliance.
The court’s decision, encapsulated in the case of S Rajaseekaran v. Union of India and others, signals a significant push for a more effective and victim-centric hit-and-run compensation framework.
