SC directs the Centre to consider whether the compensation amount in hit-and-run accidents can be increased annually

The Supreme Court (SC) in its recent order regarding the compensation in case of death or grievous injury in hit-and-run accidents directed the Centre to consider whether the compensation amount can be enhanced annually. The matter was heard by a two-judge bench comprising Justice A.S. Oka and Justice Pankaj Mithal. It asked the Central Government to take an appropriate decision within 8 weeks and posted the matter on April 22, 2024, for further consideration. Currently, as per the Motor Vehicles Act, 1988, if any person dies from a hit-and-run accident, a compensation of Rs. 2 lakhs or higher as prescribed by the Centre shall be paid. In case of grievous injury from a hit-and-run accident, a compensation of Rs. 50,000 shall be paid. 

While delivering the order, the bench observed that there had been an increase in the number of hit-and-run cases over the years. It said, “It is evident from records published by the Ministry of Road Transport and Highways of the Government of India from 2016-2022 that there were 55,942 hit and run motor accidents in 2016, which increased to 65,186 in 2017, 69,621 in 2018, and 69,621 in 2019. During the Covid-19 period, the number of accidents decreased.” Along with this, the SC also considered the report by the Road Transport and Highways Minister regarding the increase in deaths due to hit-and-run cases over the year. It illustrated, “The answer records that in the last five years, there were 660 deaths in hit-and-run cases, and there were 113 injury cases for which compensation of Rs.184.60 lakh was disbursed. If we compare the number of hit-and-run road accidents reported and the number of cases registered for seeking compensation, what stares at the face is that a negligible number of victims have taken advantage of the said scheme.”

Moreover, the bench also asked the police to inform the victim’s family members regarding the compensation scheme under the Act. Further, it ordered the government to take appropriate measures to effectively implement the provisions of the Motor Vehicle Act. In this context, the SC bench ordered the setting up of a Standing Committee and district-level committees to periodically review the working of the scheme. It said, “The Standing Committee must look into the cause of non-implementation of the scheme and direct corrective measures to be taken to ensure that every claimant who is entitled to the benefit of the scheme is encouraged to take benefit thereof. If the scheme cannot be effectively implemented without making amendments, the standing committee must recommend amendments to the scheme.”

The SC bench further directed that the constituted committee should issue appropriate directions to aware the general public regarding the scheme. It said, “If the particular of the vehicle involved in the accident is not available at the time of registration of the report regarding the accident by the jurisdictional police station and if, after making reasonable efforts, the particulars of the vehicle involved in the accident could not be ascertained by the police within a period of one month from the date of registration of accident report, the officer-in-charge of the police station shall inform in writing to the injured or the legal representatives of the deceased, as the case may be, that compensation can be claimed under the scheme.” During the court proceedings, KC Jain an advocate and road safety activist said, “The order will bring justice to the hit-and-run victims. Police and administrative authorities must secure compensation..”