Secure, Foolproof Method Of Distribution Of Compensation To Motor Accident Victims Necessary: SC [Read Order]

Before the bench comprising Justice SA Bobde, Justice Deepak Gupta and Justice Vineet Saran, Amicus Curiae Advocate Gaurav Agarwal, submitted that a large sum to the tune of Rupees ninety crores is lying with the General Insurance Council (GIC) for disbursement to the victims of hit and run motor accident cases. He also submitted that the amount of compensation to the tune of Rs.25,000 is largely felt to be inadequate for the purpose of compensating victims of such cases.

Responding to this, Pinky Anand, Additional Solicitor General told the court that the Motor Vehicles (Amendment) Bill, 2017 which proposes enhancement of compensation, has been passed in the Lok Sabha but is still pending before the Rajya Sabha.

As per the Motor Vehicles (Amendment) Bill, 2017, the compensation in respect of the death of any person resulting from a hit and run motor accident, will be two lakh rupees. In respect of grievous hurt to any person resulting from a hit and run motor accident, the bill proposes a minimum fifty thousand rupees as compensation.

Taking note of these submissions, the bench said: "In any case, we find that it is necessary to find out a secured and foolproof method of distribution of this compensation that may be paid to the victims of hit and run motor accident cases."

Posting the matter to 2^nd April, the bench directed the Central Government to submit a scheme for a faithful distribution of the amounts which may be paid over to the victims of hit and run motor accident cases.

The bench was considering a PIL filed by Dr. S. Rajaseekaran, who is the Chairman and Head of Department of Orthopaedic Surgery, Ganga Hospital, Coimbatore. Dr. Rajaseekaran had submitted that 90% of road accident deaths occur due to lack of strict enforcement of safety rules on roads and lack of strict punishment for those who do not obey such rules.

He had then suggested adoption of practical measures to give effect to legislations, reports and recommendations for ensuring reduction in the number of lives lost due to road accidents.

During the pendency of the Petition, the Centre had constituted a Committee on Road Safety under the Chairmanship of former Supreme Court Judge, Justice K. S. Radhakrishnan. The Committee has since submitted 12 reports and was commended by the Court for its work. The Court had also appointed Advocate Gaurav Agrawal as the amicus curiae.

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