The Division bench of the Apex Court emphasizes the need for a robust compensation framework for victims of hit-and-run accidents, coupled with measures to enhance public awareness and participation.
Brief Facts:
The case, Writ Petition (C) No. 295 of 2012, involves a legal challenge in the Supreme Court of India regarding the effective implementation of provisions related to compensation in hit-and-run motor accidents under the Motor Vehicles Act, 1988. The petitioner, S. Rajaseekaran, has raised concerns about the low utilization of the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022, prompting the court to issue directives for improving awareness, suggesting amendments, and constituting monitoring committees at the district level.
The court also considers data on hit-and-run accidents and directs the Central Government to review compensation amounts and time limits under the Solatium Scheme. The case aims to address issues surrounding the implementation of these legal provisions.
Factual Background: The petitioner raised concerns about the underutilization of the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022, replacing the earlier Solatium Scheme. The court noted a discrepancy between the high number of hit-and-run accidents and the low utilization of the compensation scheme.
Observation of the Court:
The court expressed concern over the low utilization of the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022, despite a significant number of reported hit-and-run accidents. Noted a stark contrast between the high number of hit-and-run accidents reported in annual statistics and the low number of claims filed under the compensation scheme. The court recognized the pivotal role of the Standing Committee in periodically reviewing the Scheme's functioning, making recommendations for amendments, and ensuring effective implementation.
The court raised concerns about the non-implementation of the Scheme and directed the Standing Committee to identify the causes behind this and recommend corrective measures. The court acknowledged the need for initiatives to raise public awareness and sensitize individuals about their rights under the Scheme. The court directed the General Insurance Council to submit an annual report on the workings of the Scheme and take initiatives for public awareness and sensitization.
The court emphasized the constitution of Monitoring Committees at the district level, comprising legal and law enforcement representatives, to oversee the Scheme's implementation and compliance with directives. The court directed the Standing Committee to consider the annual report submitted by the General Insurance Council and make recommendations to the Central Government, if necessary, for amendments to the Scheme.
The court directed the Central Government to consider whether compensation amounts could be gradually enhanced annually. The court directed the Central Government to consider the extension of time limits for filing claims under the Solatium Scheme as a one-time measure.
The decision of the Court:
These observations collectively reflect the court's commitment to addressing the challenges in the implementation of the Compensation Scheme, with a focus on improving public awareness, ensuring accountability, and enhancing the efficacy of the legal framework for hit-and-run accidents.
Case Title: S. Rajaseekaran Vs. Union of India & Ors. Vs. Kishan Chand Jain
Case No.: Writ Petition (C) NO. 295 OF 2012
Coram: Hon’ble Mr. Justice Abhay S. Oka, Hon’ble Mr. Justice Pankaj Mithal
Advocates For the W.P.: Gaurav Agarwal Amicus Curiae, EC Agrawala
Read Order @LatestLaws.com:
Share this Document :Picture Source :
