Negligible Number of Victims Have Taken Advantage: Supreme Court Directs Effective Implementation of MV Act for Hit and Run Victims

The Supreme Court of India, in a order dated January 12, 2024, has emphasized the need for effective implementation of the provisions of the Motor Vehicles Act, 1988 (MV Act), particularly concerning compensation in hit and run motor accidents. The bench, comprising Justices Abhay S. Oka and Pankaj Mithal, highlighted concerns over the inadequate reach and awareness of the existing scheme.

In their order, the Court noted, "Negligible number of victims have taken advantage of the said scheme," indicating a significant gap in the implementation process. This observation came against the backdrop of increasing hit and run accidents and low claim numbers under the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022.

The Court’s decision directs a comprehensive review and amendment of the Scheme, if necessary, to ensure its effective implementation and wider public awareness. The judgment also underscores the responsibility of the police and the Claims Enquiry Officer in guiding victims or their legal representatives to avail of the Scheme's benefits.

Further, addressing the concerns regarding the Solatium Scheme, which was superseded by the 2022 Scheme, the Court proposed an extension of the time limit for eligible claimants. This move is seen as a relief measure for victims who were unaware of their rights under the previous scheme.

In a directive aimed at ensuring regular monitoring and effective implementation at the district level, the Court has ordered the formation of Monitoring Committees. These committees, involving various stakeholders, will oversee the execution of the Scheme and ensure compliance with the Court's directives.

Additionally, the Supreme Court has asked the Central Government to consider an annual enhancement of compensation amounts under the Scheme, acknowledging the diminishing value of money over time.

The next hearing is scheduled for April 22, 2024, where compliance reports by various authorities will be reviewed. This judgment is expected to bring a significant change in how victims of hit and run accidents are compensated and supported in India.

Date of Decision: January 12, 2024

RAJASEEKARAN VS UNION OF INDIA & ORS