Victims in hit-and-run cases can seek compensation from the State under Solatium Scheme
The Hindu
It is the duty of the claims enquiry officer to obtain a copy of the FIR, inquest report, post-mortem report or certificate of injury as the case may be from the concerned authorities, the court observed
The Kerala High Court has held that it is the duty of the claims inquiry officer (Revenue Divisional Officer) under the Solatium Scheme, 1989, to obtain a copy of the first Information report (FIR), inquest report, post-mortem or certificate of injury from the authorities in cases seeking compensation in hit-and-run accident cases.
Justice P.V. Kunhikrishnan observed that the Solatium Scheme, 1989, was framed by the Central Government based on Section 163(1) of the Motor Vehicle Act, 1988. As per the scheme, the victim only needs to submit Form I application, along with duly filled discharge receipt in Form II and an undertaking in Form V to the claims enquiry officer. It is the duty of the claims enquiry officer to obtain a copy of the FIR, inquest report, post-mortem report or certificate of injury as the case may be from the concerned authorities. On receipt of the report from the claims enquiry officer, the Claims Settlement Commissioner (District Collector) shall sanction the claim as soon as possible, within fifteen days from the date of receipt of such report.
The court made the observations while disposing of a writ petition filed by an accident victim seeking a directive to the State government to give him compensation for the injuries sustained in a hit-and-run accident in Ernakulam.
The court pointed out that the general public was not aware of the scheme and that they were ignorant about the competent authority to whom the application was to be submitted.
The scheme was a complete code and a time limit was also prescribed for paying the compensation in ‘hit-and-run motor accident cases. The victims of hit-and-run motor accident cases should invoke the above provisions and the statutory compensation available to them should be utilised, the court added.