Motor Vehicles Act, 1988
(1) For the purposes of this section, section 162 and section 163 - (a) “grievous hurt” shall have the same meaning as in the 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 efforts 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 of 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 94[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 95[twelve thousand and five hundred rupees]. 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 purpose of this sub-section, an application for compensation under section 161 shall be deemed to be pending - (i) if such application has been rejected, till the date of the rejection of the application, and (ii) in any other case, till the date of payment of compensation in pursuance of the application. Corresponding Law. - Section 162 corresponds to section 109-B of the Motor Vehicles Act, 1939. Objects and Reasons. - Clause 162 seeks to provide that when compensation is awarded in a case where compensation under clause 161 has already been paid then so much of the compensation paid as per clause 161 shall be refunded to the insurer.