Special provisions as to compensation in case of hit and run motor accident
Section 161 of the Motor Vehicles Act, 1988 deals with special provisions as to compensation in case of hit and run motor accident. [Special provisions as to compensation in case of hit and run motor accident. The Act came into force on 01 Jul 1989.
1[Special provisions as to compensation in case of hit and run motor accident. -- (1) Notwithstanding anything contained in any other law for the time being in force or any instrument having the force of law, the Central Government shall provide for paying in accordance with the provisions of this Act and the scheme made under sub-section (3), compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents.
(2) Subject to the provisions of this Act and the scheme made under sub-section (3), 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 two lakh rupees or such higher amount as may be prescribed by the Central Government;
(b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the Central Government.
(3) The Central Government may, by notification in the Official Gazette, make a scheme specifying the manner in which the scheme shall be administered by the Central Government or General Insurance Council, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, the procedure to be followed by such officers or authorities for considering and passing orders on such applications, and all other matters connected with, or incidental to, the administration of the scheme and the payment of compensation under this section.
(4) A scheme made under sub-section (3) may provide that,--
(a) a payment of such sum as may be prescribed by the Central Government as interim relief to any claimant under such scheme;
(b) a contravention of any provision thereof shall be punishable with imprisonment which may extend to two years, or with fine which shall not be less than twenty-five thousand rupees but may extend to five lakh rupees or with both;
(c) the powers, functions or duties conferred or imposed on any officer or authority by such scheme may be delegated with the prior approval in writing of Central Government, by such officer or authority to any other officer or authority.]
Section 161, The Motor Vehicles Act, 1988 (Act 59 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… submits that the claimants could not have maintained petition under Section 163-A of the Motor Vehicles Act inasmuch as they have not made driver, owner or Insurance Company of the Ambassador car involved in the accident as parties to the claim petition. He submits that the claim would have been maintainable under Section 161 of the Motor Vehicles Act. 6. There cannot be any dispute with regard to the said proposition of law that if the owner of the vehicle is involved in the accident, he cannot claim compensation from the insurer of his vehicle. In the case of Ningamma cited supra it is no doubt observed by the Supreme Court that …
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… Infact, three such claim petitions are filed by the claimants in WCA.Nos.6, 7 and 8 of 2003 in MVC Nos.235, 221 and 231 of 2003 respectively. It is stated that the claim petitions which was filed initially was withdrawn and thereafter, W.C. petitions were filed. The pleadings in MVC petitions filed under Section 161 of the Motor Vehicles Act before the MACT are not part of the record in any of the proceedings. Therefore, this Court is not made available of the stand that was taken by the claimants in the said proceedings and the defence taken by the 1st respondent-owner cum driver of the offending vehicle. 9. In these three …
Made under this section, and citing it
3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 2 instruments name this provision in its title or its text without being made under it.
Questions about Section 161
What does Section 161 of the Motor Vehicles Act deal with?
Section 161 of the Motor Vehicles Act is headed "Special provisions as to compensation in case of hit and run motor accident". [Special provisions as to compensation in case of hit and run motor accident.
How do I find court cases under Section 161 of the Motor Vehicles Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: MV Act 161, section 161 MV Act, section 161 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 161 of the Motor Vehicles Act, and has it changed?
3 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 3: most recently GSR 163(E) 25 feb 2022 Compensation to Victims of Hit & Run Motor Accidents, Scheme 2022 (2022), then draft GSR 526 (E) 2nd August 2021 Scheme for Compensation Hit and run (2021), and 1 more.
When did Section 161 of the Motor Vehicles Act come into force?
Section 161 of the Motor Vehicles Act, cited as MV Act 161, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1948 words
- 88. Validation of permits for use outside region in which granted1560 words
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1199 words
- 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks1102 words
- 96. Power of State Government to make rules for the purposes of this Chapter995 words
- 72. Grant of stage carriage permits868 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.