What is “hit and run motor accident”?
As per Sec 161 of Motor Vehicle Act, “hit and run motor accident” means 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.
What to do if you got hurt by ‘hit and run’ motor vehicle?
First, be alert, don’t panic, and remember to get the number plate of the driver who hit you. The plate number is one of the most valuable information for authorities to trace that person.
Second, find witnesses and get their names and contact number.
Third, file a police report immediately, and then contact your insurance company.
When the injured person can claim?
1. It is applicable to only those cases where the person who commits the crime is not traceable. For this a report from the police is must that the person could not be traced.
2. In case the person is traced, the victim or survivor will have to refund the compensation amount.
3. Claimants have to give an undertaking that the amount will be refunded in case they get compensation under any other provisions of the Motor Vehicles Act.
4. Earlier, the rule said that the application for compensation had to be filed within six months from the date of accident or within 12 months, if there were special reasons in case of delay. But now, the rule has been changed, and there is no time limit specified.
Procedure for Claiming Compensation
An application claiming compensation has to be made by the person, who has sustained the injury or by the owner of the property, which suffered damage or by the legal representative of the deceased or by an agent duly authorised by the injured person. The application has to be made before the Claims Tribunal. The claimant has to prove rash and negligent driving on the part of the respondent in order to be entitled for compensation. As soon as information regarding an accident involving death or bodily injury is reported to the police station, the police officer is required to forward such report to the Claims Tribunal within 30 days and the Claims Tribunal considers such report as an application for compensation.
How much claim amount would be paid?
The compensation (solatium~) would be paid as follows:
(a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of fifty thousand rupees*;
(b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of twenty-five thousand rupees*;
*As per The Motor Vehicles Amendment Bill 2007
~Solatium Fund Scheme is a scheme introduced in accordance with the provisions of the Motor Vehicle Act to provide compensation to the victims of a Hit and Run motor accident. The Fund has been managed by the IRDA or any other agency specified by the Central Government.