SC pushes for annual review of compensation in hit-and-run accidents
New Delhi: The Supreme Court has instructed the Centre to assess the possibility of annually increasing compensation amounts for death and severe injury resulting from hit-and-run accidents. The court also expressed concern about the underutilisation of the compensation scheme, attributing it to a lack of awareness among victims.
The court has given the government an eight-week deadline to make a decision and has scheduled further consideration for April 22. According to the Motor Vehicles (MV) Act, 1988, in the event of death from a hit-and-run accident, a compensation of Rs 2 lakh or a higher amount prescribed by the central government must be paid. For grievous injuries, the compensation is set at Rs 50,000. The court has also mandated the police to inform the family members of victims about the compensation scheme under the MV Act. A bench of Justices A S Oka and Pankaj Mithal noted in its January 12 order that year-wise reports from the Ministry of Road Transport and Highways revealed 55,942 hit-and-run accidents in 2016, increasing to 67,387 in 2022.
The bench highlighted a decrease in accidents during the COVID-19 period.
The bench also mentioned an answer given by the road transport and highways minister in the Lok Sabha in March last year, stating that in the last five years, there were 660 deaths and 113 injury cases, with Rs 184.60 lakh disbursed in compensation.
Recognising the diminishing value of money over time, the apex court directed the central government to consider a gradual annual increase in compensation amounts, with a decision expected within eight weeks.
The court’s order followed discussions on the effective implementation of MV Act provisions related to compensation in hit-and-run cases, arising from a plea seeking enforcement of road safety norms.
Notably, the court mentioned that the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022, has come into force from April 1, 2022, replacing the Solatium Scheme, 1989. The order emphasised the role of the standing committee at the central level, tasked with periodically reviewing the scheme’s working and recommending amendments if necessary.
The standing committee was directed to issue detailed instructions for public awareness and sensitisation about the scheme. Additionally, if vehicle details are unavailable within a month of the accident report’s registration, the police should inform the injured or the legal representatives of the deceased in writing, indicating their eligibility to claim compensation under the scheme. Contact details of the jurisdictional claims enquiry officer should be provided in such cases.
