Page 146 - The Motor Vehicles Act, 1988

132 THE MOTOR VEHICLES ACT, 1988 SECTION 162

(a) “grievous hurt” shall have the same meaning as in Indian Penal Code, 1860 (45
of 1860);
(b) “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 effort for the purpose;
(c) “scheme” means the scheme framed under section 163.
(2) Notwithstanding anything contained in the General Insurance Business
(Nationalisation) 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 to the death of, or grievous hurt to, persons resulting
from hit and run motor accidents.
(3) Subject to the provisions of this Act and the scheme, 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 twenty-five thousand rupees;
(b) 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.
(4) The provisions of sub-section (1) of section 166 shall apply for the purpose of making
application for compensation under this section as they apply for the purpose of making
applications for compensation referred to in that sub-section.
162. Refund in certain cases of compensation paid under section 161
(1) The payment of compensation in respect of the death of, or grievous hurt to, any person
under section 161 shall be subject to the condition that if any compensation (hereafter in this
sub-section referred to as the other compensation) or other amount in lieu of or by way of
satisfaction of a claim for compensation is awarded or paid in respect of such death or grievous
hurt under any other provision of this Act or any other law or otherwise so much of the other
compensation or other amount aforesaid as is equal to the compensation paid under section 161
shall be refunded to the insurer.
(2) Before awarding compensation in respect of an accident involving the death of, or
bodily injury to, any person arising out of the use of a motor vehicle or motor vehicles under any
provision of this Act (other than section 161) or any other law, the Tribunal, Court or other
authority awarding such compensation shall verify as to whether in respect of such death or
bodily injury compensation has already been paid under section 161 or an application for payment
of compensation is pending under that section, and such Tribunal, court or other authority
shall—
(a) if compensation has already been paid under section 161, direct the person liable
to pay the compensation awarded by it to refund to the insurer, so much thereof as
is required to be refunded in accordance with the provisions of sub-section (1);
(b) if an application for payment of compensation is pending under section 161 forward
the particulars as to the compensation awarded by it to the insurer.
Explanation : For the purposes of this sub-section, an application for compensation under
section 161 shall be deemed to be pending—