Scheme for payment of compensation in case of hit and run motor accidents
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Summary
Central Government can notify a scheme for paying compensation in hit-and-run motor accidents, specifying administration (to be handled by the General Insurance Corporation), application form, time limits, officers and procedures. The scheme may punish breaches (up to three months imprisonment or a fine up to Rs 500 or both), allow delegation with prior written approval, and be given limited retrospective effect so long as no one is prejudiced.
Example
Priya is hit by a car whose driver flees. She applies within the time limit to the officer named in the notified scheme; the General Insurance Corporation will administer and decide her claim. If an officer or person breaks the scheme rules, that breach can attract up to three months imprisonment or a fine up to Rs 500.
Bare Act
Enacted text(1) The Central Government may, by notification in the Official Gazette, make a scheme1 specifying, the manner in which the scheme shall be administered by the General Insurance Corporation, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, the procedure to be followed by such officers or authorities for considering and passing orders on such applications, and all other matters connected with, or incidental to, the administration of the scheme and the payment of compensation.
(2) A scheme made under sub-section (1) may provide that—
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(a) a contravention of any provision thereof shall be punishable with imprisonment for such term as may be specified but in no case exceeding three months, or with fine which may extend to such amount as may be specified but in no case exceeding five hundred rupees or with both;
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(b) the powers, functions or duties conferred or imposed on any officer or authority by such scheme may be delegated with the prior approval in writing of the Central Government, by such officer or authority to any other officer or authority;
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(c) any provision of such scheme may operate with retrospective effect from a date not earlier than the date of establishment of the Solatium Fund under the Motor Vehicles Act, 1939 (4 of 1939) as it stood immediately before the commencement of this Act:
Provided that no such retrospective effect shall be given so as to prejudicially affect the interests of any person who may be governed by such provision.
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