Page 887 - The Central Motor Vehicles Rules, 1989

RULE 12 CENTRAL MOTOR VEHICLES (MOTOR........ FUND) RULES, 2022 859

12. Disbursement of fund for cashless treatment
(1) Subject to the scheme framed under section 162, the disbursement of the
fund for cashless treatment shall be in accordance with this rule.
(2) The Trust shall transfer the fund to the designated agency, for
implementation of the scheme framed under section 162.
(3) In case of motor accidents caused by insured vehicles, the approved claim
amount shall be disbursed by the designated agency to the Hospital from the
Account for Insured Vehicles.
(4) In case of motor accidents caused by uninsured vehicles, the approved
claim amount shall be disbursed by the designated agency to the Hospital from
the Account for Uninsured Vehicles or Hit and Run Motor Accident:
PROVIDED that if the Motor Accident Claim Tribunal has passed an award
for compensation against the owner of such uninsured vehicle causing the accident,
wherein the amount for cashless treatment has been disbursed, the owner shall
be liable to reimburse the amount spent on cashless treatment to the “Account
for Uninsured Vehicle or Hit and Run Motor Accident”.
(5) In case of a hit and run motor accident,—
(a) the approved claim amount shall be disbursed by the designated
agency to the Hospital from the “Account for Uninsured Vehicles or
Hit and Run Motor Accident”;
(b) after disbursement of approved claim amount by the designated
agency, the approved claim amount, limited to the fixed sum
compensation payable under sub-section (2) of section 161, shall be
transferred from the “Hit and Run Compensation Account” to the
“Account for Uninsured Vehicles or Hit and Run Motor Accident”:
PROVIDED that when the approved claim amount is less than the
fixed sum compensation payable under section 161, the balance
compensation amount shall be payable to the victim from the “Hit
and Run Compensation Account”:
PROVIDED FURTHER that when the approved claim amount is
more than the fixed sum compensation payable under sub-section
(2) of section 161, the excess approved claim amount shall be borne
by the “Account for Uninsured Vehicles or Hit and Run Motor
Accident”.
(6) If the identity of the motor vehicle causing the hit and run accident is
subsequently identified—
(a) before the approved claim amount is disbursed from the Account
for Uninsured Vehicles or Hit and Run Motor Accident to the
Hospital; or
(b) after the approved claim amount is disbursed from the Account for
Uninsured Vehicles or Hit and Run Motor Accident to the Hospital,
but before compensation is sanctioned under section 161,