Sunday, 27 September 2015

COMPENSATION TO HIT AND RUN ROAD ACCIDENT VICTIMS WHEN VEHICLE DETAILS ARE NOT KNOWN

The main reason for this post aroused while I was watching a live question answer programme on a famous tv channel on the subject of compensation for hit and run accident case. I felt that the answer given by an expert legal consultant in the subject (as claimed) that there is no provision to claim compensation in a case of hit and run road accident case where details of vehicle are not know is not correct. What he told in the programme was that the claim tribunal would reject the case if the details of the vehicle is not known. It is only half truth. There is a provision in Section 161 of the Motor Vehicles Act, 1988 to cover such cases. But the procedure is different.

This Section provides for payment of compensation as follows:

If the hit and run motor accident resulted in the death of any person a fixed sum of Rs.25,000/-.
If the hit and run motor accident resulted in grievous hurt to any person a fixed sum of Rs.12,500/-.
I feel that this amount is very nominal particularly when the treatment expenses are concerned.

Again, this amount is refundable if any other compensation is received in the normal course for the same accident.

THE PROCEDURE TO CLAIM:

“The victim of the “hit-and-run” vehicle or his legal representative shall make an application to the Claim Enquiry Officer in each Taluka.  After due enquiries, the Claims Enquiry Officer will submit a report together with certificate of post mortem or injury certificate to the claims settlement commissioner who will either the District Collector or the Deputy Commissioner at the District level.  He will process the claims and sanction the payment within 15 days from the receipt of report from Claim Enquiry Officer and communicate sanction order to the nominated office of the Insurance Company. The compensation under Hit and Run Accident cases are made from a Solatium Fund which is contributed by General Insurance industry under an agreed formula.  The administration of claims is done by New India Assurance Co Ltd which has nominated one Divisional Manager in each district at District Level Committee which is headed by District Collector.” (reference:http://www.policyholder.gov.in/hit_and_run.aspx)

(N.B. This is not a legal advice. Only for general information.)

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