How to Claim Compensation in Hit-and-Run Cases

 

🚗 How to Claim Compensation in Hit-and-Run Cases

A Step-by-Step Legal Guide by Amarjeet Singh, Advocate- Public Right Action Network (PRAN)

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📰 Introduction

A hit-and-run accident is one of the most traumatic events on our roads — a moment of negligence that can destroy a life and leave families fighting for justice. In many such cases, the offending vehicle and driver remain untraced, and victims are left without recourse to normal insurance or legal compensation channels.

To ensure that such victims are not denied relief, the Government of India launched the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022, under Section 161 of the Motor Vehicles Act, 1988.
The scheme is administered by the General Insurance Council (GIC) and guarantees fixed compensation to victims or their families in cases where the offending vehicle cannot be identified.

At Public Right Action Network (PRAN), we work to make such legal entitlements accessible to citizens — ensuring that law and justice meet people where they are.

⚖️ Legal Framework

• Section 161, Motor Vehicles Act (1988): Defines hit-and-run accidents and empowers the government to provide compensation.
• GSR 163(E), 25 February 2022: Government notification introducing the updated Compensation Scheme 2022.
• Implementing Agency: General Insurance Council (GIC) — the nodal body representing all general insurers.

💰 Compensation Entitlement

Case Type	Compensation
Death	₹ 2,00,000
Grievous Hurt	₹ 50,000

These amounts are payable from the Motor Vehicles Accident Fund, maintained by the Central Government.

👥 Who Can Apply

• For death: Legal heirs or dependents (spouse, children, parents).
• For grievous injury: The injured person.
• The accident must involve an unidentified and untraced vehicle, verified through a police investigation and FIR.

🏛️ Authorities Responsible

Level	Officer / Authority	Role
Local	Claims Enquiry Officer (CEO) – Sub-Divisional Magistrate / Tehsildar	Receives and verifies claim application (Form I).
District	Claims Settlement Commissioner (CSC) – District Magistrate / Deputy Commissioner	Reviews CEO’s report, issues sanction order (Form III).
Central	General Insurance Council (GIC)	Processes approved claims and makes direct e-payment to claimant.

 

📄 Documents Required

1. Duly filled Form I (Application) and Form IV (Undertaking)
2. Copy of Bank Passbook (showing IFSC and name)
3. Identity and address proof of victim and claimant
4. FIR copy registered with police
5. Post-mortem report (for death cases)
6. Death certificate or injury certificate
7. Hospital / treatment bills, if any

🪶 Step-by-Step Process

Step 1 – Register an FIR

Immediately report the incident at the nearest police station in Delhi, clearly marking it as a hit-and-run case. Obtain a copy of the FIR.

Step 2 – Collect Required Documents

Gather all relevant medical and legal documents — hospital reports, post-mortem, death or injury certificates, and identity proofs.

Step 3 – Complete the Application

Obtain Form I from your area’s SDM / Tehsildar or from the General Insurance Council (GIC) website. Fill it carefully with accurate details, including your bank information.

Step 4 – Submit to Claims Enquiry Officer

Submit the completed Form I and Form IV, along with supporting documents, to the office of the SDM / Tehsildar (acting as the Claims Enquiry Officer) where the accident occurred.

Step 5 – Verification & Forwarding

The officer verifies all details and forwards a detailed report (Form II) to the District Magistrate / Deputy Commissioner (CSC) within 30 days.

Step 6 – Decision by Claims Settlement Commissioner

Within 15 days of receiving the report, the CSC reviews and issues a sanction order (Form III). If further verification is required, it must be completed within an additional 15 days.

Step 7 – Payment by General Insurance Council

Once approved, the CSC forwards the sanction order to:

General Insurance Council (GIC)
5th Floor, National Insurance Building, 14 Jamshedji Tata Road, Churchgate, Mumbai – 400 020
📧 HitandRunSchemeClaims@gicouncil.in ☎️ 7700959078 🌐 gicouncil.in

The GIC releases e-payment directly to the claimant’s bank account within 15 days (extendable by 30 days with reasons recorded).

📍 Where to Apply in Delhi

• Claims Enquiry Officer: The Sub-Divisional Magistrate (SDM) / Tehsildar of the subdivision where the accident occurred (e.g., SDM Saket, SDM Rohini, SDM South Delhi).
• Claims Settlement Commissioner: The District Magistrate / Deputy Commissioner of the relevant district

⚠️ Important Notes

• Compensation under the Golden Hour Scheme (Section 162), if already received, will be deducted from the hit-and-run amount.
• If the offending vehicle is later traced, the claimant must refund the hit-and-run compensation and file a regular MACT claim.
• Only cases of grievous hurt or death are eligible under this scheme.

⏳ Time Limit for Filing a Hit-and-Run Compensation Claim

• Filing Period: Victims or their legal heirs must submit their claim within 6 months from the date of the accident.

• Claim Submission: The claim should be submitted in FORM I to the Claims Enquiry Officer (typically the Sub-Divisional Magistrate or Sub-Divisional Collector) at the location where the accident occurred.

• Investigation and Processing: The Claims Enquiry Officer is required to investigate and submit a report (FORM II) to the Claims Settlement Officer (usually the District Collector) within 1 month. The Claims Settlement Officer must then pass an order (FORM III) within 15 days.

• Payment: Upon approval, the General Insurance Council processes the compensation, which is typically disbursed via e-payment to the claimant's bank account within 15 days from the date of the order.

📘 Form I – Application for Compensation

(Under Section 161 of the Motor Vehicles Act, 1988 and Hit-and-Run Motor Accident Scheme, 2022)

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To:
The Claims Enquiry Officer,
(Designation: SDM/Tehsildar)

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District: ___________________________
State: ___________________________

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1. Particulars of the Accident

• Date & Time of Accident: ___________________________

• Place of Accident: __________________________________________

• Police Station & FIR No.: _____________________________________

• Nature of Accident: ☐ Death ☐ Grievous Hurt

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2. Details of the Victim

• Full Name: __________________________________________

• Age: ___________ Gender: ___________

• Occupation: __________________________________________

• Address: __________________________________________

• Aadhar No. (if available): _____________________________

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3. Details of the Claimant

• Full Name: __________________________________________

• Relationship with Victim: ______________________________

• Address: __________________________________________

• Contact No.: ____________________________

• Email (if any): ____________________________

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4. Details of Bank Account for Payment

• Account Holder’s Name: ____________________________

• Bank Name & Branch: ____________________________

• Account No.: ____________________________

• IFSC Code: ____________________________

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5. Documents Attached

☑ Copy of FIR
☑ Post-mortem / Injury Report
☑ Death Certificate / Medical Report
☑ ID & Address Proof (Victim & Claimant)
☑ Bank Passbook Copy
☑ Undertaking (Form IV)
☑ Hospital Bill / Cashless Treatment Bill (if any)

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6. Declaration

I hereby declare that the above information is true to the best of my knowledge and belief.
I further declare that I have not received any other compensation for the same accident and will refund the amount if the offending vehicle is identified or if compensation is received from any other source.

Signature / Thumb Impression of Claimant
Date: ____________
Place: ____________

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Cashless treatment for Road accident victim

Cashless Treatment of Road Accident Victims Scheme, 2025 (Scheme) has been notified on a pan India basis vide S.O. 2015(E) dated the 5th May, 2025 and the Guidelines of the Scheme have been notified vide S.O. 2489(E) dated the 4th June, 2025. Under this Scheme any person who is a victim of road accident caused by the use of a motor vehicle shall be entitled to treatment cover upto Rs. 1.5 lakh per victim, subject to a maximum cap of 7 days from date of accident at any designated hospital across the country.

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Disclaimer

This article is for public information and awareness only and does not constitute legal advice. Procedures may vary slightly by district. Always confirm details with your local authorities or a qualified legal expert.

💼 About Public Right Action Network (PRAN)

Public Right Action Network (PRAN) is a non-political, not-for-profit network of public-rights advocates, practitioners, and activists dedicated to making societies more equitable, just, and sustainable.

At PRAN, we bridge the gap between law, policy, and people — offering advocacy support, legal literacy, and citizen-empowerment initiatives.
Our work spans:

• ⚖️ Justice & Human Rights
• 🧩 Consumer Protection & Governance
• 🚸 Public Health & Road Safety
• 👩‍🏭 Labour Rights & Livelihoods
• 🌱 Sustainability & Climate Justice

Contact PRAN

📞 +91 89207 98501
✉️ publicrightadvocacy@gmail.com
🌐 publicrightaction.blogspot.com
🔗 LinkedIn Page | PRAN Group
🎥 YouTube 🐦 @PRAN_India

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For more details- visit- https://www.gicouncil.in/insurance-education/hit-and-run-motor-accidents/