Get compensation even if the particulars of the vehicle involved in the accident are not available

แชร์
ฝัง
  • เผยแพร่เมื่อ 13 ต.ค. 2024
  • In terms of sub-Section (3) of Section 161, the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 (for short, ‘the Scheme’) has been brought into force with effect from 1st April 2022. It superseded the Solatium Scheme, 1989 (the Solatium Scheme) framed under unamended sub-Section (1) of Section 163 of the MV Act. The broad framework of the Scheme can be summarised as follows;
    a) The primary duty of the Standing Committee is to periodically review the working of the Scheme,
    b) The District Level Committees are under a mandate to evaluate the progress of the Scheme's implementation in the concerned district and take corrective measures. Another essential function of the District Level Committee is to ensure that the Scheme gets adequate publicity and the claimants are made aware of their rights under the Scheme;
    c) Clause 19 provides the procedure for applying for compensation under the Scheme. The applications are firstly considered by the Claims Enquiry Officer. Upon receipt of the applications, the Claims Enquiry Officer must obtain a copy of the First Accident Report (FAR) and post-mortem report (in case of a fatal accident) from the concerned authorities. The Claim Enquiry Officer must decide who the rightful claimants are to claim the compensation;
    d) After receiving a report from the Claims Enquiry Officer, the Claims Settlement Commissioner appointed in terms of sub-clause (f) of clause 2 of the Scheme is empowered to sanction the claim as provided in clause. It is the ultimate responsibility of the General Insurance Council to make an e-payment of the compensation amount within 15 days from the date of receipt of the sanction order and
    e) The General Insurance Council is under an obligation to prepare an annual report on the working of the Scheme and submit the same to the Standing Committee.
    SC issue the following directions :-
    a) The Standing Committee to consider the annual report submitted by the General Insurance Council as provided in paragraph 5 of the minutes of the meeting dated 16th August 2023 and to make recommendations to the Central Government, for the amendment of the Scheme;
    b) The Standing Committee may also issue directions for the implementation of the Scheme.
    c) The Standing Committee shall issue elaborate directions for developing public awareness and for sensitisation of the members of the public about the Scheme and
    d) We grant the time of four months to the Standing Committee to report compliance with the directions mentioned above to this Court.
    a) If the particulars of the vehicle involved in the accident are not available at the time of registration of the report regarding the accident by the jurisdictional Police Station and if, after making reasonable efforts, the particulars of the vehicle involved in the accident could not be ascertained by the Police within a period of one month from the date of registration of accident report, the officer-in-charge of the Police Station shall inform in writing to the injured, that compensation can be claimed under the Scheme. The contact details of the jurisdictional Claims Enquiry Officer shall be provided by the Police to the injured ;
    b) The officer in charge of the Police Station, within one month from the date of the accident, shall forward the FAR to the Claims Enquiry Officer who shall cause the same to be entered in a separate register. After receipt of the FAR and other particulars as aforesaid by the Claims Enquiry Officer, if the claim application is not received within one month, the information shall be provided by the Claims Enquiry Officer to the concerned District Legal Service Authority with a request to the said authority to contact the claimants and assist them in filing the claim applications;
    c) A Monitoring Committee shall be constituted at every district level consisting of the Secretary of the District Legal Service Authority, the Claims Enquiry Officer of the district or, if there is more than one, the Claim Enquiry Officer nominated by the State Government, and a police officer not below the level of Deputy Superintendent of Police as may be nominated by the District Superintendent of Police.
    d) The Claims Enquiry Officer shall ensure that a report containing his recommendation and other documents are forwarded to the Claim Settlement Commissioner within one month from receipt of the claim application duly filled in;
    e) The Registry of this Court shall forward a copy of this order to the Member Secretaries of the Legal Services Authorities of each State the Secretaries of the District Legal Services Authorities shall take steps to form the Monitoring Committees for their respective districts and
    f) The Secretaries of the District Legal Services Authorities shall submit quarterly reports on the functioning of the Monitoring Committees to the Member Secretaries of the respective Legal Services Authorities of the State.

ความคิดเห็น • 3

  • @skunivers1906
    @skunivers1906 8 หลายเดือนก่อน

    Sir ,ennthannu sogaraya anyam ithu എങ്ങനെ work ആവുന്നു ithu onnu video chyamo

    • @KeralaRentControl
      @KeralaRentControl  8 หลายเดือนก่อน

      That is private complaint, this is initiated by a petition before the magistrate when police don't take Cass.

    • @skunivers1906
      @skunivers1906 8 หลายเดือนก่อน

      @@KeralaRentControl പോലീസ് കേസ് edukanno വേണ്ടയോ എന്നത് പൊലീസിന്റെ വിവേചനം അധികാരം ആന്നോ ,BSNL പുതിയ ടാര്‍ ഇട്ട റോഡ് കുത്തി പൊളിച്ചു ഇവര്‍ക്ക് എതിരെ പൊതു മുതല്‍ നശിപ്പിച്ചു എന്നതിന് കേസ് എടുക്കാന്‍ പറ്റുമോ, ഇവിടെ പരാതി കൊടുക്കേണ്ടത് PWD ആന്നോ അവർ koduthilengil പ്രൈവറ്റ് person complaint kodukan പറ്റുമോ