In hit & run accidents MACT has no role
In hit and run motor accidental cases Motor Accident Claims Tribunal (MACT) has no judication or role under Section 161 Motor Vehicle Act, 1988 (MV Act).
Such claims will be dealt with the Claim Enquiry Officer(CEO) as stated below.
What is a hit & run accident case?
Hit and run motor accident means an accident arising out of the use of a motor vehicle the liability identity of which cannot be ascertained despite reasonable efforts for the purpose.
Two lakh in case of death & Rs 50000 in grievous injury
In case of death of any person resulting from a hit and run motor accident a fixed sum of two lakh rupees or such higher amount as prescribed by the Central Government will be paid as compensation.
In the case of grievous hurt resulting from a hit and run accident fixed sum of fifty thousand rupees or such higher amount as prescribed by the Central Government will be paid as compensation.
Apply to the Claims Enquiry Officer
An application seeking compensation under the scheme for hit & run accident cases is to be filed in Form 1, along with duly filled in discharge receipts in Form II and the undertaking in Form V, before the Claims Enquiry Officer of the Subdivision in which the accident takes place.
The rules & procedures for making the claim application have been notified as the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022 which have come into force from 1 April 2022.
Procedure for making application
The applicant shall apply for compensation under this scheme in Form I, including through electronic means, along with a copy of claim raised by the hospital providing the treatment, if any, as per Scheme for Cashless Treatment formulated under section 162, and the undertaking in Form IV, and such other documents mentioned in Form I, including through electronic means, to the Claims Enquiry Officer of the Sub-Division or Taluka in which the accident took place.
CEO should issue speaking orders
In case, the Claims Enquiry Officer (CEO) does not accept the grounds advanced by the applicant he shall record a speaking order and communicate it to the applicant the reasons for not accepting the claim application.
MACT has no jurisdiction in such hit and run motor vehicle accident cases.
What should the CEO must do on the application?
On receipt of claims application, the Claims Enquiry Officer shall immediately obtain a copy of the First Accident Report (FAR), postmortem report from the concerned authorities and hold enquiry in respect of claims arising out of the hit and run motor accident.
The Claims Enquiry Officer should then decide who are the rightful claimants, where there is more than one claimant, and submit to the Claims Settlement Commissioner, in any case within a period of one month from the date of receipt of application, a report in Form II, along with his own recommendation, and the Forms and documents received from the claimant.
Sanction order to be issued withing next fifteen days
on receipt of report of the Claims Enquiry Officer, the Claims Settlement Commissioner (CSC) shall sanction the claim, as far as possible, within a period not exceeding fifteen days from the date of receipt of such report and communicate the sanction order to the claimant.
CSE shall deduct the amount for Cashless treatment
Claims Settlement Commissioner (CSE) shall deduct the claim raised by the hospital, which has provided cashless treatment as part of the Scheme for Golden Hour framed under Section 162 of the MV Act and sanction the balance amount to the Claimant.
Further reading
- New India Assurance Co Ltd v Rajendra Prasad Bhatt [2002 ACJ 1762 (MP)]
- Vahida Banu & Others v Parveen Travels (P) Ltd & Another [2023 ACJ 661]
- Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022
- Motor Vehicl Act, 1988
