Motor Vehicles Act Section 161 — Special provisions as to compensation in case of hit and run motor accident
CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA
Civil
Summary
Sub-section (1) states that despite anything in any other current law or any legal document, the Central Government is required to arrange for payment of compensation for deaths or grievous hurt caused by hit and run motor accidents. This payment must follow the rules in this Act and the scheme created under sub-section (3).
Sub-section (2) sets the compensation amounts, subject to this Act and the scheme under sub-section (3). Under clause (a), for a death resulting from a hit and run motor accident, the fixed compensation is two lakh rupees, or a higher amount that the Central Government may prescribe. Under clause (b), for grievous hurt resulting from such an accident, the fixed compensation is fifty thousand rupees, or a higher amount that the Central Government may prescribe.
Sub-section (3) allows the Central Government to create a scheme through an official notification in the Official Gazette. This scheme will specify how it is administered by the Central Government or the General Insurance Council, the form, manner, and time limit for making compensation applications, the officers or authorities to whom applications may be made, the procedure for considering and deciding on those applications, and all other matters related to running the scheme and paying compensation under this section.
Sub-section (4) lists what the scheme made under sub-section (3) may include. Under clause (a), it may provide for payment of a sum prescribed by the Central Government as interim relief to any claimant under the scheme. Under clause (b), it may provide that violating any provision of the scheme is punishable with imprisonment of up to two years, or a fine of not less than twenty-five thousand rupees but up to five lakh rupees, or both. Under clause (c), it may allow the powers, functions, or duties given to any officer or authority by the scheme to be delegated to another officer or authority, but only with the prior written approval of the Central Government.
Official Text
(1) Notwithstanding anything contained in any other law for the time being in force or any instrument having the force of law, the Central Government shall provide for paying in accordance with the provisions of this Act and the scheme made under sub-section (3), compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents.
(2) Subject to the provisions of this Act and the scheme made under sub-section (3), there shall be paid as compensation,—
(a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of two lakh rupees or such higher amount as may be prescribed by the Central Government;
(b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the Central Government.
(3) The Central Government may, by notification in the Official Gazette, make a scheme specifying the manner in which the scheme shall be administered by the Central Government or General Insurance Council, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, the procedure to be followed by such officers or authorities for considering and passing orders on such applications, and all other matters connected with, or incidental to, the administration of the scheme and the payment of compensation under this section.
(4) A scheme made under sub-section (3) may provide that,—
(a) a payment of such sum as may be prescribed by the Central Government as interim relief to any claimant under such scheme;
(b) a contravention of any provision thereof shall be punishable with imprisonment which may extend to two years, or with fine which shall not be less than twenty-five thousand rupees but may extend to five lakh rupees or with both;
(c) the powers, functions or duties conferred or imposed on any officer or authority by such scheme may be delegated with the prior approval in writing of Central Government, by such officer or authority to any other officer or authority.