Hit-and-run accident compensation in India — ₹2 lakh for death and ₹50,000 for grievous hurt under Motor Vehicles Act Section 161 and the 2022 Scheme: Form I, Claims Enquiry Officer, District Magistrate, cashless treatment, MACT if the vehicle is traced, BNS 106 (2026)
Plain map for families and injured persons when the vehicle that caused a road accident is not traced: the fixed compensation under Section 161 of the Motor Vehicles Act, 1988 (₹2,00,000 for death, ₹50,000 for grievous hurt) through the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022; how to apply in Form I with the Form IV refund undertaking to the Claims Enquiry Officer (SDM / Tehsildar) of the area; the timelines the Scheme sets for enquiry, sanction by the Claims Settlement Commissioner (District Magistrate / Collector) and payment; police and Legal Services Authority duties from the Supreme Court’s 2024 directions; cashless emergency treatment; what changes if the vehicle is later traced (MACT claim, Section 163 refund); and the criminal side (BNS 106(1), old IPC 304A; Section 106(2) not yet in force). Educational only — not legal advice; Adhiwakta does not file claims.
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What counts as ‘hit and run’ and how much is fixed
Section 161 of the Motor Vehicles Act, 1988 covers an accident arising out of the use of a motor vehicle whose identity cannot be ascertained despite reasonable efforts. As amended in 2019, it provides a fixed sum of ₹2,00,000 for death and ₹50,000 for grievous hurt, or such higher amount as the Central Government may prescribe. The payment comes from the Motor Vehicle Accident Fund (Section 164B) under the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022, in force from 1 April 2022 (it replaced the old Solatium Scheme, 1989). ‘Grievous hurt’ has the meaning in criminal law (Section 116 BNS, old 320 IPC) — for example fractures, serious disfigurement or injury causing long incapacity. Simple injuries are not covered by this fixed sum.
First, at the time of the accident
Call 112 for ambulance and police help. The Good Samaritan provision (Section 134A) protects a bystander who helps in good faith from civil or criminal liability, and hospitals cannot demand that a helper stay or pay. Under the cashless treatment scheme framed under Section 162 (launched nationally as PM RAHAT in February 2026), an eligible road-accident victim can get cashless treatment up to ₹1.5 lakh for up to 7 days from the accident at designated hospitals, including in hit-and-run cases, subject to police confirmation on the online system. Keep all hospital papers, the MLC (medico-legal case) number and bills.
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Write in Hindi or English · general guidance, not legal advice
Step 1 — Make sure the police record it as hit and run
Ensure an FIR or accident report is registered at the police station of the area and that it records the vehicle as untraced. Collect the FIR copy, the First Accident Report (FAR), site photos, witness names and, in a death case, the post-mortem report. In S. Rajaseekaran v. Union of India (2024) the Supreme Court directed that the police inform the injured person or the family about the Scheme and forward the FAR and victim details to the Claims Enquiry Officer within one month, and that if no claim is filed within a month the Claims Enquiry Officer informs the District Legal Services Authority so it can help the family apply. If you have not been told, ask the police station and the SDM office in writing.
Step 2 — Apply in Form I to the Claims Enquiry Officer
The application in Form I (it can also be made electronically where the State allows) goes to the Claims Enquiry Officer of the sub-division or taluka where the accident took place — usually the Sub-Divisional Magistrate / Sub-Divisional Officer or Tehsildar, as the State notifies. Attach the documents the form lists (identity and Aadhaar of the injured person or legal representative, bank passbook copy, FIR / FAR, post-mortem or injury and treatment records, proof of relationship in a death case, and any cashless-treatment hospital bill) and sign the Form IV undertaking to refund the amount if you later get other compensation for the same accident. Keep the receipt or acknowledgement number. If the officer rejects the claim, the Scheme requires a speaking order with reasons.
Step 3 — Enquiry, sanction and payment timelines
The Claims Enquiry Officer obtains the FAR and post-mortem report, decides who the rightful claimants are, and should send a report with recommendation in Form II to the Claims Settlement Commissioner (the District Magistrate, Deputy Commissioner or Collector) within one month of the application. The Commissioner should, as far as possible, sanction within 15 days of the report (Form III). Payment is then made by e-transfer to the claimant’s bank account within 15 days of the sanction, extendable by 30 days for recorded reasons. If cashless treatment was given and the hospital bill is paid from the Fund, that amount is deducted from the fixed compensation. These are the Scheme’s targets; real-world times vary by district, so follow up in writing.
If the vehicle is later traced
If the vehicle or its owner is identified, the family can claim full compensation before the Motor Accident Claims Tribunal (MACT) against the owner, driver and insurer — this can be much higher than the fixed hit-and-run sum because it is based on income, age and loss. Any amount received under Section 161 must be refunded or adjusted under Section 163 (that is what the Form IV undertaking is for). The Act now says a MACT claim must be made within six months of the accident (Section 166(3), applied from 1 April 2022); courts have differed on how strictly this applies, so do not wait. For an identified vehicle, no-fault compensation of ₹5 lakh (death) or ₹2.5 lakh (grievous hurt) is also provided under Section 164.
The criminal side — BNS 106
Causing death by rash or negligent driving is an offence under Section 106(1) of the Bharatiya Nyaya Sanhita (old IPC 304A); rash driving on a public way is Section 281 (old IPC 279). Section 106(2) — a higher punishment for a driver who escapes without reporting the accident — was kept out of force when the BNS began on 1 July 2024 (notification S.O. 850(E) of 23 February 2024) and, as far as we can verify, has not been brought into force since; check the Gazette before relying on it. Every driver involved in an accident must take the injured to medical help and report to the police (Section 134 MV Act). The compensation claim does not depend on the driver being caught.
State differences to expect
Which officer is the Claims Enquiry Officer, the office address, online portals and the paperwork vary by State and district. Some States also run their own accident-relief schemes in addition to the central Scheme. Check your district website or the SDM / Collector office for the current procedure.
What this guide is not
It does not decide whether your case qualifies, whether an injury is ‘grievous’, or how much a MACT might award. Amounts and schemes can be revised by notification, so confirm the current figures with the district authority.
How Adhiwakta can help
We do not fill or file Form I, MACT claims or FIRs, or contact the police, SDM or insurers for you. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- How much compensation is given in a hit-and-run accident?
- Under Section 161 of the Motor Vehicles Act and the 2022 Scheme, a fixed ₹2,00,000 for death and ₹50,000 for grievous hurt, unless the Central Government notifies a higher amount. Any cashless-treatment hospital bill paid from the Fund is deducted.
- Where do I apply for hit-and-run compensation?
- In Form I, with the Form IV refund undertaking, to the Claims Enquiry Officer (usually the SDM / SDO or Tehsildar) of the sub-division or taluka where the accident happened. The District Magistrate / Collector, as Claims Settlement Commissioner, sanctions it.
- How long does the hit-and-run claim take?
- The Scheme sets targets: enquiry report within one month of the application, sanction within 15 days of the report, and payment within 15 days of sanction (extendable by 30 days for recorded reasons). Actual time varies by district.
- What if the vehicle is found later?
- You can file a full claim before the Motor Accident Claims Tribunal against the owner, driver and insurer. The hit-and-run amount has to be refunded or adjusted under Section 163. The Act says MACT claims should be filed within six months of the accident, so act early.
- Is the hit-and-run section 106(2) BNS in force?
- Section 106(2) was kept out of force when the BNS began on 1 July 2024 (S.O. 850(E), 23 February 2024) and we have not found a later notification; check the Gazette. Section 106(1) (old IPC 304A) applies to causing death by rash or negligent driving.
- Does Adhiwakta file the hit-and-run claim for me?
- No. Adhiwakta does not fill or file claims or contact the police, SDM or insurers. Use Ask Adhiwakta or the AI helper for general educational guidance only.
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