3. Hit and Run

Special Provisions as to Compensation in Hit and Run Motor Accidents

• The Motor Vehicles Act, 1988, specifically Section 161, governs compensation in hit and run motor accidents where the identity of the offending vehicle or driver cannot be ascertained despite reasonable effort.
• Compensation is paid from the government’s Motor Vehicle Accident Fund, not from the insurer or the owner.
• As per latest amendments, the fixed compensation has been revised to:
• ₹2,00,000 in case of death.
• ₹50,000 in case of grievous hurt.
• The victim or legal heirs must file a claim via a prescribed form to the Claims Enquiry Officer, who verifies the claim and forwards it to the Claims Settlement Commissioner.
• A key feature is the "no fault" principle; proof of negligence or fault is not required for receiving compensation.

Principle of Hit and Run

• A "hit and run" accident is one where a person driving a vehicle causes a collision and flees the scene without providing assistance, reporting to authorities, or revealing their identity.
• The principle serves two functions:
• Protecting victims unable to identify the offender.
• Penalizing the wrongdoer—leaving the scene is a punishable offense under law.
• Section 161 of the Motor Vehicles Act lays out the principle: victims cannot be deprived of compensation merely because the wrongdoer absconds.
• In criminal law, it is also a distinct offense—drivers must not only pay for damages but can face imprisonment and fines.

Duty of Driver at the Time of Accident

• Section 134 of the Motor Vehicles Act defines the duty of a driver involved in an accident:
• The driver must stop and provide their name, address, vehicle registration, and driver’s license details at the scene.
• They are required to provide reasonable assistance to the injured, including arranging transport for medical treatment if necessary.
• The driver must promptly report the accident to the nearest police station if it results in death or bodily injury.
• Failure to comply can result in criminal liability, suspension of license, and enhanced penalties if the driver flees.

Legal Basis and Compensation Structure

• The legal structure for compensation in hit and run cases operates on a principle of strict liability, meaning the victim does not need to prove negligence or wrongful intent.
• Compensation claims can be made independent of criminal prosecutions, ensuring prompt relief.
• If the offending vehicle is later identified, victims can pursue further or higher compensation through the Motor Accidents Claim Tribunal (MACT) over and above the fixed sum paid under the hit and run scheme.
• The "Compensation to Victims of Hit and Run Motor Vehicle Accidents Scheme, 2022" currently governs claims, enhancing both coverage and procedural efficiency.

Real Case Studies Relating to Hit and Run Accidents

Case 1: Sanjeev Nanda v. State (1999 BMW Case)

• In this high-profile case, Sanjeev Nanda ran over six people, including police officers, in Delhi.
• The accused initially fled the scene, which exemplified hit and run principles.
• Nanda was convicted after extensive investigation, drawing national attention to both the responsibilities of drivers and the gravity of fleeing incidents.

Case 2: Janhavi Gadkar v. State of Maharashtra (2015 Audi Case)

• Janhavi Gadkar, a corporate lawyer, while driving under intoxication, collided with a taxi, causing fatalities and injuries, and fled the scene in Mumbai.
• The case highlighted not just the legal provisions but the social stigma around hit and run accidents, leading to constructive debate on judicial responses and tougher enforcement.

Case 3: 2016 Mercedes Case (Shilpa Mittal v. State)

• A teenager hit and killed a pedestrian, Siddharth Sharma, in North Delhi and absconded, only to be apprehended later.
• This case raised further calls for legal reforms on juvenile involvement in hit and run offenses and bolstered citizen demands for prompt justice and compensation.

Case 4: Vadodara Hit and Run (2025)

• In Vadodara, Gujarat, a young, allegedly drunk driver of a speeding car hit a two-wheeler, resulting in death and multiple injuries, fleeing the spot.
• Police apprehended the main accused, with continuing public attention on the urgent need for deterrence and compensation.

Steps to be Taken by a Driver After an Accident

• Stop the vehicle immediately to avoid further harm or suspicion of hit and run.
• Provide first aid or call an ambulance for any injured persons.
• Share relevant details (identity, registration, insurance) with other parties and authorities.
• Inform police and cooperate with the investigation.
• Assist in lodging claims and do not tamper with evidence or tamper with the accident scene.
• Failure to adhere not only attracts criminal prosecution but also disqualifies the driver from certain legal protections under tort law.

Summary Table: Key Provisions and Amounts

Notable Features and Analysis

• Compensation is quick, facilitating relief for victims who often face severe hardship when the wrongdoer absconds.
• The scheme is unique to situations where the offender or vehicle remains unidentified—the claimant still receives government compensation, unlike regular motor accident claims.
• The dual-track system (fixed immediate compensation under the scheme and higher, fault-based compensation if the accused is later found) prevents excessive delay or denial of justice.

Policy Rationale

• The legal provisions aim to balance deterrence for offenders (through criminal sanctions) and victim support (prompt compensation).
• Legislative amendments routinely update compensation levels to account for inflation, rising medical costs, and evolving public expectations.