Hit and Run, and the Golden Hour

In one line

Where the vehicle cannot be identified the State pays fixed compensation through a revenue officer, not through a Tribunal; and every insurer must fund cashless treatment in the first hour after the injury.

What a hit and run motor accident is

Section 145(d) defines it: an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose.

Two words carry the definition. The vehicle, not the driver, must be unidentified; and reasonable efforts must have been made. A vehicle that speeds away but is traced by its number is not a hit and run case, and the ordinary claim before the Tribunal lies.

Section 161: what is paid, and by whom

Sub-section (1). Notwithstanding anything in any other law or instrument having the force of law, the Central Government shall provide for paying compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents.

Sub-section (2): the figures.

Sub-section (3): the scheme. The Central Government may by notification make a scheme specifying how it is administered, by the Central Government or the General Insurance Council; the form, manner and time for applications; the officers or authorities to whom applications may be made; the procedure for considering and passing orders; and all connected matters.

Sub-section (4): what a scheme may provide. Interim relief of such sum as the Central Government may prescribe; that contravention of the scheme is punishable with imprisonment up to two years, or fine not less than twenty-five thousand and up to five lakh rupees, or both; and delegation of powers with the Central Government's prior written approval.

The Scheme of 2022

The Compensation to Victims of Hit and Run Motor Accidents Scheme 2022 was made under section 161, in supersession of the Solatium Scheme 1989, and came into force on 1 April 2022.

Who decides.

• Claims Enquiry Officer: the Sub-Divisional Officer, Tehsildar, or other officer in charge of the revenue sub-division of a taluka, or an officer of that rank specified by the State Government.
• Claims Settlement Commissioner: the District Magistrate, Deputy Commissioner, Collector or other officer in charge of a revenue district, appointed as such by the State Government.

The steps.

1. The applicant submits Form I, including by electronic means, with any hospital claim under the cashless treatment scheme and the undertaking in Form IV, to the Claims Enquiry Officer of the sub-division or taluka in which the accident took place.
2. That officer obtains the First Accident Report and, where relevant, the post mortem report, holds an enquiry, and submits a report in Form II to the Claims Settlement Commissioner as early as possible and within one month of receiving the application; a report returned for further enquiry is resubmitted within fifteen days.
3. The Claims Settlement Commissioner sanctions the claim as far as possible within fifteen days of receiving the report, communicating the sanction in Form III, and deducts what the hospital has claimed for treatment.
4. The General Insurance Council makes e-payment to the claimant's bank account within fifteen days of the sanction order, extendable by a further thirty days for reasons recorded in writing.
5. If the Claims Enquiry Officer does not accept the grounds advanced, he must record a speaking order and communicate the reasons.