The Act anticipates exactly this situation. Where no vehicle and no insurer can be identified, there is a statutory fund rather than nothing.
The provision
Section 161 of the Motor Vehicles Act, 1988 provides for compensation in hit and run motor accidents, meaning accidents arising out of the use of a motor vehicle the identity of which cannot be ascertained despite reasonable efforts. Compensation is paid from a scheme funded by the government, and the amounts payable for death and for grievous hurt were substantially increased by the Motor Vehicles (Amendment) Act, 2019 and the scheme notified under it. Confirm the current figures, since they are set by notification and are revised.
How to claim
- Register an FIR immediately. This is essential. Without a police record establishing that the vehicle was untraced, the claim cannot proceed.
- Obtain the final report from the police recording that the offending vehicle could not be traced.
- Apply to the Claims Enquiry Officer for the area, usually a designated revenue officer, who verifies and forwards the claim to the Claims Settlement Commissioner.
- Attach the post-mortem report or the medical records and disability certificate, proof of identity and relationship, and bank details.
The hit and run payment is a fixed statutory amount, not full compensation. If the offending vehicle and its insurer are subsequently identified, you can pursue a full claim under Section 166 before the Tribunal, and the amount already received under the hit and run scheme is adjusted against it. So taking the statutory sum does not close the door.
The criminal side
Section 106(1) of the Bharatiya Nyaya Sanhita punishes causing death by a rash or negligent act. Section 134 of the Motor Vehicles Act separately imposes a duty on a driver to secure medical attention for the injured and to report the accident to the police.
Section 106(2) BNS prescribes up to ten years for a driver who causes death and then escapes without reporting the incident. Following nationwide transporter protests, the Government deferred its enforcement, and it has remained held back while consultations continue. The Delhi High Court dismissed a petition seeking to compel its enforcement, holding that when to bring a provision into force is for the Central Government alone. So although the provision is on the statute book, do not assume the ten year punishment is being applied. Check the position at the time of your matter.
Two practical points
- Look for CCTV and toll records early. Footage is overwritten within days or weeks. A written request to the traffic police, the municipality and nearby establishments in the first week is what most often converts an untraced case into a traced one.
- Good Samaritans are protected. The Act and the Supreme Court's directions protect a bystander who takes an injured person to hospital from harassment, and they cannot be compelled to disclose their identity or made to pay for treatment.