Enhanced compensation for hit and run motor accidents must be processed under the Scheme of 2022.

The appellants (claimants) are legal heirs of Devesh Kudshyam, who died in a "hit and run" motor accident on 05.10.2017

The Additional Motor Accident Claims Tribunal, Bhanupratappur, awarded the claimants ₹50,000/- as compensation along with interest in Claims Case No. 14 of 2018

The appellants filed this appeal under Section 173 of the Motor Vehicles Act, 1988, seeking an enhancement of the compensation amount

the parties acknowledged that the matter falls under the specific category of a hit and run case

1. Whether the claimants are entitled to enhanced compensation under the "Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022" despite the accident occurring prior to the scheme’s notification

2. Whether the High Court can direct the statutory authorities to process the claim in a time-bound manner to mitigate the delay of eight years

The court applied Section 161 of the Motor Vehicles Act, 1988 (as amended by the Motor Vehicles (Amendment) Act, 2019), which enhanced compensation for hit and run victims

It primarily relied on the "Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022," which superseded the Solatium Scheme, 1989, and established a compensation of ₹2,00,000 for death and ₹50,000 for grievous hurt

The court also noted the procedural framework for claim settlement involving the Claims Enquiry Officer (Sub-Divisional Officer), the Claims Settlement Commissioner (District Magistrate), and the General Insurance (GI) Council

The court observed that the claimants had been litigating for eight years following the 2017 accident

Recognizing the case as a "hit and run," the court integrated the 2022 Scheme's enhanced compensation provisions into the present appeal. It determined that the appropriate remedy was not a standard enhancement by the Tribunal, but a transition to the statutory scheme which provides a fixed sum of ₹2,00,000 for death

The court analyzed the procedural requirements of the Scheme, noting that the Claims Enquiry Officer must decide within one month and the transfer of funds must happen within 15 days thereafter

To ensure justice for the long-suffering claimants, the court exercised its jurisdiction to set aside the lower tribunal's award and directed the Revenue authorities (SDO and Collector) to process the application specifically under the 2022 Scheme’s timeline

The Court directed the SDO and the Claims Settlement Commissioner (Collector) to conclude the enquiry and ensure the payment of enhanced compensation within 60 days of application

The Court further directed the Amicus Curiae to inform the concerned authorities to prioritize the case given the eight-year delay