Page 132 - The Motor Vehicles Act, 1988
P. 132

118  THE MOTOR VEHICLES ACT, 1988                             SECTION 161

                          160. Duty to furnish particulars of vehicle involved in accident
                               A registering authority or the officer-in-charge of a police station shall, if so required
                          by a person who alleges that he is entitled to claim compensation in respect of an accident
                          arising out of the use of a motor vehicle, or if so required by an insurer against whom a
                          claim has been made in respect of any motor vehicle, furnish to that person or to that
                          insurer, as the case may be, on payment of the prescribed fee, any information at the
                          disposal of the said authority or the said police officer relating to the identification
                          marks and other particulars of the vehicle and the name and address of the person who
                          was using the vehicle at the time of the accident or was injured by it and the property,
                          if any, damaged in such form and within such time as the Central Government may
                          prescribe.
                          161. Special provisions as to compensation in case of hit and run motor accident
                               (1) Notwithstanding anything contained in any other law for the time being in
                          force or any instrument having the force of law, the Central Government shall provide
                          for paying in accordance with the provisions of this Act and the scheme made under
                          sub-section (3), compensation in respect of the death of, or grievous hurt to, persons
                          resulting from hit and run motor accidents.
                               (2) Subject to the provisions of this Act and the scheme made under sub-section
                          (3), there shall be paid as compensation,—
                                 (a) in respect of the death of any person resulting from a hit and run motor
                                     accident, a fixed sum of two lakh rupees or such higher amount as may be
                                     prescribed by the Central Government;
                                 (b) in respect of grievous hurt to any person resulting from a hit and run motor
                                     accident, a fixed sum of fifty thousand rupees or such higher amount as
                                     may be prescribed by the Central Government.
                               (3) The Central Government may, by notification in the Official Gazette, make a
                          scheme specifying the manner in which the scheme shall be administered by the Central
                          Government or General Insurance Council, 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
                          under this section.
                               (4) A scheme made under sub-section (3) may provide that,—
                                 (a) a payment of such sum as may be prescribed by the Central Government
                                     as interim relief to any claimant under such scheme;
                                 (b) a contravention of any provision thereof shall be punishable with
                                     imprisonment which may extend to two years, or with fine which shall
                                     not be less than twenty-five thousand rupees but may extend to five lakh
                                     rupees or with both;
                                 (c) 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 Central Government, by such officer or authority to any other
                                     officer or authority.
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