Kerala High Court Explains Procedure To Claim Compensation Under 1989 Solatium Scheme in Hit & Run Cases

Last updated: 07 November 2022

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Quick Summary

The Kerala High Court has clarified the procedure for victims of 'hit and run' motor accidents to claim compensation under the 1989 Solatium Scheme. The court specified that victims must submit a Form I application, along with a discharge receipt and undertaking, to the Claims Enquiry Officer (Revenue Divisional Officer). This officer is responsible for conducting the enquiry and submitting a report to the Claims Settlement Commissioner (District Collector) for sanctioning the compensation.

Court :
Kerala High Court

Brief :
'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. The Motor Vehicles Act, 1988 (for short, Act, 1988) provides compensation for hit and run motor accidents. Sections 161 to 163 are the relevant provisions which deals with the compensation payable for hit and run accident cases. Based on Sec.163(1), Solatium Scheme of 1989 was framed by the Central Government.

Citation :
WP(C) NO. 16367 OF 2022

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