In a significant move aimed at ensuring justice for victims of hit-and-run accidents, the Supreme Court of India has issued directives to streamline the process of compensation claims. The court emphasized the need for timely information and assistance to victims or their legal representatives, particularly focusing on cases where the police identify an incident as a hit-and-run accident.
The ruling, delivered by Justice Abhay S. Oka and Justice Pankaj Mithal, emphasizes the obligation of the police to inform victims or their legal representatives about the Compensation of Victims of Hit and Run Motor Accidents Scheme, as mandated by Section 161 of the Motor Vehicles Act. The court expressed concern over instances where both the police and Claims Enquiry Officers were aware of hit-and-run accidents but failed to facilitate the filing of compensation claims.
Under Section 161 of the Motor Vehicles Act, the Central Government is required to provide compensation in hit-and-run cases through the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022. The court has directed the Central Government to review and assess whether the current compensation amounts, set at Rs. 2 lakhs for death and Rs. 50 thousand for grievous injury, should be progressively increased annually to account for inflation and the diminishing value of money over time.
One crucial aspect addressed by the Supreme Court is the lack of awareness among victims or their legal representatives regarding the qualification of an accident as a hit-and-run case. The court has mandated that if the police determine an accident to be a hit-and-run, they must promptly inform the concerned parties about the availability of the compensation scheme.
Additionally, the court has established a timeline for the submission of the First Accident Report (FAR) by the officer in charge of the Police Station to the Claims Enquiry Officer. This report, which includes the names of victims and their legal representatives if available, should be forwarded within one month of the accident. In cases where no claim application is received within this timeframe, the Claims Enquiry Officer is instructed to alert the District Legal Service Authority to provide assistance to potential claimants.
To ensure the effective implementation of these directives, the Supreme Court has requested compliance reports from the relevant authorities. A review of the progress is scheduled for April 22, 2024, underscoring the court's commitment to upholding the rights of victims and their families in hit-and-run accident cases.
Case: S. Rajaseekaran v. Union of India & Ors.
I.A. No.71387 of 2023 in WRIT PETITION (C) NO. 295 OF 2012.
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