Supreme Court Calls for Urgent Steps to Raise Awareness on Hit-and-Run Victim Compensation

SUPREME COURT LAW INSIDER

LI Network

Published on: January 13, 2024 at 11:37 IST

The Supreme Court has issued directives addressing the low rate of compensation granted to victims of ‘hit and run’ accidents under the Central Government’s Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022. Despite 67,387 hit-and-run accidents in 2022, only 205 claims were raised in the financial year 2022-23, prompting the Court to emphasize the need for increased awareness.

Highlighting the limited utilization of the scheme, the bench of Justices Abhay S Oka and Pankaj Mithal observed that victims may not be aware of the compensation scheme. To address this, the Court mandated that in hit-and-run cases, the police must inform victims about the availability of the scheme and assist them in filing claims.

The Court issued specific directions, including:

a) In cases where vehicle particulars are unavailable, the police should inform victims about the compensation scheme within one month of the accident report registration.
b) The police must forward accident reports to the Claims Enquiry Officer, and if no claim is received within a month, the District Legal Service Authority should be informed to assist claimants.
c) Formation of a Monitoring Committee at the district level to oversee scheme implementation.
d) Claims Enquiry Officers should forward their recommendations to the Claim Settlement Commissioner within one month of receiving claim applications.

Regarding the limitation period, the Court noted the absence of a timeframe in the 2022 scheme and urged the Central Government to consider allowing those eligible under the earlier Solatium Scheme to apply within the extended time as a one-time measure.

The Court also recommended a periodic increase in compensation amounts, expressing concern about the diminishing value of money. It directed the Central Government to decide on this matter within eight weeks.

The bench further instructed the Standing Committee to enhance public awareness of the scheme and ensure its effective implementation. The Court will review compliance on April 22, 2024.

The case in question is S Rajaseekaran v. Union of India and others

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