Hit-and-run case fine increase to 2 lakh

Hit-and-run case has become a frequent norm of road accidents in India. In simple words, hit-and-run accidents can be described as a case, where an individual, hits another vehicle while driving and flees away from the spot. It is the criminal as well as civil responsibility of a driver to report a road mishap concerning their vehicle. As hit-and-run cases increase in India, it is essential to understand the Motor Vehicles Act, which explains laws imposed on any individual involved in hit-and-run accidents.

Statistics of hit-and-run cases in India

Road accident statistics indicate how roads have become an unsafe place for everyone. Over 30 percent of all road accidents in India are hit-and-run cases, but only 10 percent of hit-and-run accident drivers are booked. A lack of concern for the other person’s safety, coupled with rash driving, are major contributing factors.

Hit-and-run case fine, now & then

The Motor Vehicles Act, 1988 includes legislation which imposes severe punishment to an individual involved in a hit-and-run accident. According to Section 161 of Motor Vehicles Act, Hit-and-run is defined as “an accident arising out of the use of a motor vehicle(s) the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose.”

Sections 279, 304A, and 338 of IPC are imposed on the victims of hit-and-run incidents.

• Any person who drives vehicles rashly on the public road can be guilty of making an offense under Section 279. Imprisonment for 6 months, a fine of Rs 1000 or both can be imposed on a driver for rash driving or injuring another person on the road. The offense committed under section 279 is bailable and is cognizable by the district magistrate. 
• If a driver who is not under the influence of alcohol leads to the death of a person in an accident, the crime is reported under section 304A. The rider may face imprisonment for a year which may be extended up to 2 years with a fine of more than Rs 1000 or both. 304A is a non-bailable offense, and an individual can be convicted by lifetime imprisonment.
• In extreme cases, the police may also report a hit and drive case under 302, which is a section related to the murder. A driver booked under Section 302, may face a death sentence or life imprisonment.  
• In case of minors involved in such cases, the act imposes 3 years of jail to the parents of the minor, along with some hefty fines.

The Motor Vehicles (Amendment) Act, has been passed by the Parliament and approved by the President. The amended regulations and fines will be applicable from the 1^st of September 2019.

Following is a tabular representation of the increase in compensation for hit-and-run victims as per Section 161 of the Act–

Along with civil responsibility, legal responsibilities are also involved in hit-and-run cases. Legal consequences of a hit-and-run case may involve the cancellation of driver’s license along with hefty fines and imprisonment. There are slightly higher fines if an animal is involved in the hit-and-run situation.

Motor Vehicles’ Accident Fund

Section 164B of the Motor Vehicles (Amendment) Act, 1988 has introduced the Motor Vehicle Accident Fund. The fund will work towards providing immediate financial relief to the victims of motor accidents, including the hit-and-run victims. The amount received from the fund will be deducted from the compensation that may be offered to the victims through the Tribunal.

Your Insurance Company

If the person involved in the hit-and-run case has killed someone accidentally, and has a valid 3rd party car or bike insurance; the insurance company may pay the monetary compensation to the family of the deceased. However, if you're a victim of a hit-and-run accident, you should have a proper bike or car insurance to ask for the claim. In some cases, companies may pay for the damages involved.  The Motor Insurance companies provide a compulsory Personal Accident Cover to the owner-driver, for both two-wheeler and four-wheeler insurance. Add-on covers for pillion rider (two-wheeler), paid driver(four-wheeler), and occupants (four-wheeler) is also offered at the time of insuring the vehicle.

Know Your RTO Address & Services

RTO provides multiple services related to driving license, learners license, registration of the vehicle, and much more. It plays an important role in issuing driving related documents, entry of hypothecation, issue of no argument document, issue of conductor license, renewal of certificates, transfer of possession, and the issue of approval certificate. It may also carry out some important services like payment and collection of tax. Generally, there is an RTO in every town. You can get all RTO related information on the government RTO website. The Ministry of Road Transport and Highways (MoRTH) has also launched some online services under “mParivahan” and “Vahan.” You can avail the services through official websites or dedicated online apps. 

It is interesting to see the increase in penalties and stricter rules for hit-and-run offenders. Newer laws are also likely to create a sense of safety among the citizens. The implementation always lies in the hands of the citizens. Try to follow the rules and drive wisely to ensure safety on roads.