NARSINGH KUDSHYAM vs SANDEEP BHAGAT

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MAC No. 321 of 2019


2026:CGHC:21183
Digitally
signed
by
ANKIT
KUMAR
SINGH
ANKIT
KUMAR
SINGH
AFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 321 of 2019
1. Narsingh Kudshyam S/o Rambharosh Kudshyam, Aged About 49
Years;
2. Smt. Chandrika Kudshyam W/o Narsingh Kudshyam, Aged About
43 Years;
3. Priyanka Kudshyam D/o Narsingh Kudshyam, Aged About 23
Years;
All are R/o Village Chindpal, PS Badgaon, Tahsil Pakhanjore,
District- U.B. Kanker, Chhattisgarh..............(Claimants).
... Appellants
versus
1. Sandeep Bhagat S/o Shindu Bhagat, Aged About 23 Years, R/o
Narayanpur, Thana, Tahsil And District- Narayanpur,
Chhattisgarh............(Driver And Owner).
nd
2. National Insurance Co. Ltd. Through Branch Manager, 2 Floor
Mobin Mhal, Lalganga Shopping Mall, Raipur,
Chhattisgarh............(Insurer).
... Respondents
For Appellants :- Ms. Bhavika Kotecha, Advocate, appears on
behalf of Mr. Parag Kotecha, Advocate.
For Respondent No.1 :- Mr. Praveen K. Dhurandhar, Advocate.
For Respondent No.2 :- Mr. R.N. Pusty with Mr. Akash Shrivastava,
Advocates.
Amicus Curiae :- Mr. Rahul Tamaskar, Government
Advocate.

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MAC No. 321 of 2019
SB- Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
06.05.2026
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for
short “Act of 1988”) has been preferred by the
appellants/claimants against the impugned award dated
07.12.2018 passed by the Additional Motor Accident Claims
Tribunal, Bhanupratappur, District Uttar Bastar Kanker,
Chhattisgarh (for short “Claims Tribunal”) in Claims Case No.14
of 2018, seeking enhancement in the amount of compensation,
whereby learned Claims Tribunal has allowed the claimants’
application and awarded a sum of ₹50,000/- as compensation
along with interest for death of Devesh Kudshyam in hit and run
case.
2. Learned counsel for the parties are ad idem on the point that the
present is a case of hit and run case and in that view of the matter,
it is brought to notice of this Court that the Government of India,
Ministry of Road Transport & Highways in ‘hit and run case’ has
formulated Scheme known as Compensation to Victims of Hit and
Run Motor Accidents Scheme, 2022 (for brevity ‘Scheme of
2022’), in which the compensation amount has been proposed to
the tune of ₹2,00,000/- in case of death of any person resulting
from a hit and run motor accident and ₹50,000/- in case of

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MAC No. 321 of 2019
grievous hurt to any person resulting from a hit and run motor
accident. The Scheme of 2022, provides for settlement of claims
in a time-bound manner which states as under:-
No. RT-11036/39/2022-MVL
Government of India
Ministry of Road Transport & Highways
(MVL Section)
Transport Bhawan, 1, Parliament Street, New Delhi-110001
th
Dated, the 18 September, 2023
To,
i. District Magistrate / Deputy Commissioner/ Collectors of all districts
ii. Commissioner/Superintendent of Police of all districts
Subject : Compensation to Victims of Hit and Run Motor Accidents Scheme,
2022-regarding.
Madam/Sir,
I am directed to say that the Motor Vehicles Act, 1988, as amended vide
Motor Vehicles (Amendment) Act, 2019, enhanced the compensation to be
paid in respect of the death of, or grievous hurt to, persons resulting from hit
and run motor accidents.
2. Accordingly, this Ministry vide G.S.R. 163(E) dt 25.02.2022 (copy
enclosed) had published "Compensation to Victims of Hit and Run Motor
Accidents Scheme, 2022", in supersession of the Solatium Scheme, 1989, to
provide the following compensation amounts:
i. Rs. 2,00,000 in case of death of any person resulting from a hit
and run motor accident.
ii. Rs. 50,000 in case of grievous hurt to any person resulting
from a hit and run motor accident.
3. The Scheme provides for settlement of claims in a time-bound manner.
The Claims Enquiry Officer is required to convey his/her decision within one
month of receipt of claim, after which the Claims Settlement Officer is
provided with 15 days to sanction the claims and forward the sanction order
to General Insurance (GI) Council with intimation to the concerned Motor
Accident Claim Tribunal and Transport Commissioner. Subsequently, the
transfer of compensation amount to the claimant is to be processed within a
period of 15 days by Gl Council. An indicative diagram of the procedure
(Annexure 1), along with the required Forms are enclosed.

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MAC No. 321 of 2019
4. Further, a District Level Committee (composition in Annexure 2) is
required to be constituted in each district and conduct meetings on a
quarterly basis to undertake the following functions related to the
implementation of the Scheme:
i. To evaluate the progress of implementation of this scheme in
the concerned District and take corrective steps, wherever
necessary;
ii. To submit a report on quarterly basis to the Standing
Committee, including in electronic form and the report shall,
inter alia, include month-wise statistics about the claim
applications received, awarded pending and reasons for
pendency
iii. To keep close liaison with other authorities in the district so as
to ensure that this scheme gets adequate publicity;
iv. To provide guidance or clarifications to concerned authorities
and claimants, wherever called for; and
v. To raise awareness about the rights available to claimants and
the provision of compensation under this scheme.
5. In order to facilitate the victims of hit and run motor accidents, it is
requested that the Scheme be widely publicized in your respective districts to
create awareness among the public. In this regard, other officials of the
district administration may also be sensitized. An indicative poster to
publicise the scheme at appropriate spots in district hospitals, police stations,
DC/SP offices etc., is provided at Annexure 3. States / UTs are encouraged to
publicise the scheme in local languages also to ensure wider dissemination.
6. Further, the District Level Committees may be expeditiously
constituted and operationalized to undertake regular review of the
implementation of the Scheme in your respective districts and to furnish
quarterly reports to the Standing Committee on the same.
7. In case of any clarifications, the following nodal officer may please be
contacted:
Shri Inderjeet Singh Secretary General
GI Council
Tel: +91 9004945476
Email: [email protected]
This issues with the approval of Competent Authority.
Encls: as above
Yours faithfully,
Sd/-
(S.K. Geeva)

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MAC No. 321 of 2019
Under Secretary to the Government of India
Tel: 011 23739074
Email: [email protected]
Annexure 1
Claim Settlement procedure in case of Hit & Run accident victims as
per Compensation to Victims of Hit and Run Motor Accidents
Scheme, 2022
Claimant
Injured victim or legal representative of deceased victim
1. Form I (Application) with ID Proof.
2. Copy of the passbook of the Bank accont of the claimant
3. Copy of the cashless/treatment bill, if any, of the Hospital
that treat the victim.
4. For IV (Undertaking )
First AccidentReport
Postmortem Report
Sub -Divisional Officer, Tehsildar, or
any officer in charge of a revenue
sub-division of a Taluka to enquire
& submit report with any other
material documents/statement to
show genuineness of the claim and
also person who would receive on behalf
of all legal heirs
Transfer of
Compensation
Claims Enquiry Officer
within 15 days
(with intimation
to authorities
Form II (Report)
copied in
sanction order
1 month
District Magistrate/Dy. Commisioner
/Colletor/Officerin charge of the
Revenue District
1. Form III (Order)
2. Form I & II with
enclosers and
Form IV
15 days
3. Bank details
Claims Settlement Officer
GIC headquarters
Concerned Tansport
Concerned MACT
Council
General Insurance
Commissioner
Email: [email protected]
th
Postal address: 5 Floor, National Insurance Bldg;
14, J Tata Raoc, Churchgate, Mumbai, 400020

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MAC No. 321 of 2019
Annexure 2
Composition of the District Level Committee
S. No. Designation of Member Role
1. Claims Settlement Commissioner Chairperson
2. Claims Enquiry Officer, nominated by the
Member
State Government
3. Superintendent of Police or Deputy
Member
Superintendent of Police (Head Quarter) of
the District
4. Chief Medical Officer of the District* Member
5. The Regional Transport Officer or any other
Member
officer of Motor Vehicles Department as
nominated by the State Government*
6. Any member of the public or a voluntary
Member
organisation connected with road safety
aspects as nominated by the Chairperson*
7. An officer nominated by the General
Member-Secretary
Insurance Council
*
The Term of office of the members nominated shall be determined
by the State Government
3. Mr. Rahul Tamaskar, learned Government Advocate appears as
amicus curiae , would submit that claim has to be made before the
Claims Enquiry Officer/ Sub Divisional Officer (Revenue) and in
the present case, the claim case has to be made before the Claims
Enquiry Officer/Sub Divisional Officer (Revenue), Kanker, who
has to submit the Enquiry Report before the Claims Settlement
Commissioner who is required to sanction the claim and

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MAC No. 321 of 2019
thereafter, the Sanction Order is forwarded to the General
Insurance Council with intimation to the concerned Motor
Accident Claims Tribunal and Transport Commissioner.
Subsequently, the compensation is transferred to the
victim/claimant.
4. In view of the above Scheme of 2022, the present appeal stands
disposed off and the claimants/appellants are at liberty to make
application before the Claims Enquiry Officer/Sub Divisional
Officer (Revenue), Kanker as per Scheme of 2022 who shall
process the claim and make necessary enquiry and submit the
enquiry report before the Claims Settlement Commissioner who,
in turn, will forward the Sanction Order to the General Insurance
Council for transfer of compensation to the victim/claimant. In
the present case the accident occurred on 05.10.2017 in which
Devesh Kudshyam died and the claimants are suffering from 8
years, therefore, the Claims Enquiry Officer/Sub Divisional
Officer (Revenue), Kanker, is directed to expedite and conclude
the enquiry expeditiously after filing of application by the
claimants/appellants herein without further delay and I hope and
trust the Claims Enquiry Officer/Sub Divisional Officer
(Revenue), Kanker and Claim Settlement Commissioner i.e. the
concerned District Magistrate/Deputy Commissioner/Collector
will take prompt steps to ensure that the compensation is paid to
the claimants/ appellants herein expeditiously within a period of

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MAC No. 321 of 2019
60 days from the date of filing the application as provided under
the Scheme of 2022. The application of the claimants/appellants
herein will be decided by the Claims Enquiry Officer/Sub
Divisional Officer (Revenue), Kanker, without being prejudiced by
the impugned award as the impugned order is being set aside.
5. Mr. Rahul Tamaskar, learned Government Advocate appears as
amicus curiae , is requested to inform concerned Sub-Divisional
Officer (Revenue)/Claims Enquiry Officer and Claims Settlement
Commissioner/Collector as the claimants are suffering from last 8
years.
6. This Court renders a word of appreciation to Mr. Rahul Tamaskar,
Government Advocate, for his valuable assistance as amicus
curiae in the present case.
7. Certified Copy as per rules.
Sd/-
(Sanjay K. Agrawal)
Judge
Ankit