Chapter 11 Insurance of Motor Vehicles Against Third Party Risks
Section 161: Special provisions as to compensation in case of hit and run motor accident
a) For the purposes of
this section, section 162 and section 163—
- “grievous hurt” shall have the same meaning as in the
Indian Penal Code, 1860 (45 of 1860);
- “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;
- “scheme” means the scheme framed under section 163.
b) Notwithstanding
anything contained in the General Insurance Business (Nationalization) Act,
1972 (57 of 1972) or any other law for the time being in force or any
instrument having the force of law, the General Insurance Corporation of India
formed under section 9 of the said Act and the insurance companies for the time
being carrying on general insurance business in India shall provide for paying
in accordance with the provisions of this Act and the scheme, compensation in
respect of the death of, or grievous hurt to, persons resulting from hit and
run motor accidents.
c) Subject to the
provisions of this Act and the scheme, there shall be paid as compensation—
- in respect of the death of any person resulting from a
hit and run motor accident, a fixed sum of twenty-five thousand rupees;
- in respect of grievous hurt to any person resulting
from a hit and run motor accident, a fixed sum of twelve thousand and five
hundred rupees.
d) The provisions of sub-section (1) of section
166 shall apply for the purpose of making applications for compensation under
this section as they apply for the purpose of making applications for
compensation referred to in that sub-section.