BHASI V.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) A latest study on the major causes of road accidents shows that out of the total cases of 4,03,116 road accidents during the year 2020-21, 59.7% of the road accidents has occurred in rural areas (2,40,660) and 40.3% has occurred in urban areas (1,62,456). Among this, there are several hit and run accidents. '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. Ss. 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. I think the general public is not aware about this scheme and they are ignorant about the competent authority to whom application is to be submitted for getting compensation in 'hit and run' cases. Therefore, a detailed discussion about Ss. 161 to 163 of the Act, 1988 and the Solatium Scheme, 1989 is necessary.

(2.) The brief facts of the present case can be narrated first. The petitioner is a victim of 'hit and run'. On 2/11/2021 at 7 pm, the petitioner was riding a motor cycle/scooter (Honda Activa bearing No. KL 41 Q 5627) and was returning from work. On his way from Edappally, when the petitioner reached the flyover located just after the Apollo Junction, Kalamassery a car hit the rear side of his scooter and left without stopping. The petitioner fell down on that impact and sustained serious injuries. Exts.P1 to P4 are the medical records. The petitioner submitted a complaint before the Kalamassery Police station as evident by Exts.P5 and P6. Even though, the case was not registered originally, subsequently, Crime No. 1697/2021 was registered as evident by Ext.P7. After investigation, the Police informed the petitioner that they have not been able to identify the vehicle. Accordingly, Ext.P8 was sent by the Police informing that the case is undetectable.

(3.) The petitioner approached the authorities for getting compensation under the Solatium Scheme, 1989 and there was no response. Hence, this writ petition is filed with the following prayers :