Claim procedure under solatium scheme prevailing in India

The Scheme came into force from 1.10.1982.  The procedure for getting solatium money is as follow:

• The victim of the “hit and run” vehicle or his legal representative shall make an application in the prescribed form available free from the Office of the Sub-Divisional Officer, Tehsildar or any other Officer in charge of a revenue sub division or a Taluka of the revenue district of State in which the accident occurred. Such an officer is designated as Claim Enquiry Officer who will make a speedy inquiry on the basis of the FIR and medical report. On satisfying himself he shall recommend the application the District Magistrate/Deputy Commissioner who shall make an award of Solatium.  Immediate payment is made through Tehsildar to the victim or his legal representative.
• Sec 163 empowers the Central Government to make scheme for payment of compensation in hit and run accident cases detailing the procedure for making claim, the authorities to whom the claim should be made, the manner in which the scheme shall be administered by the General Insurance Corporation, the form, manner and the time within which applications for compensation may be made and the procedure to be followed in the administration of the scheme and the payment of compensation.
• This section of the Act provides that such a scheme may operate with retrospective effect from a date not earlier than the date of establishment of the Solatium Fund under the Motor Vehicle Act, 1939 as it stood immediately before the commencement of this new Act.  Provided that no such retrospective effect shall be given so as to prejudicially affect the interests of any person who may be governed by such provision.

Extracts from “Guide for Motor Insurance (IC-72)” by Dr. Rakesh Agarwal. Copyright of Sashi Publications, kolkata www.sashipublications.com and www.bimabazaar.com