109A. [ Special provisions as to compensation in cases of hit and rust motor accidents. [Inserted by the Motor Vehicles (Amendment) Act, 1982 (47 of 1982), Section 14 (w.e.f. 1.10.1982).]
(1)For the purposes of this section, section 109B and section 109C,-(a)"grievous hurt" shall have the same meaning as in the Indian Pena! Code;(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 109C;(d)"Solatium Fund" means the Fund established under sub-section (2).(2)The Central Government may, by notification in the Official Gazette establish a Fund to be known as the Solatium Fund.(3)The Solatium Fund shall be utilised 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.(4)Notwithstanding anything contained in the General Insurance Business (Nationalisation) Act, 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 make to the Solatium Fund such contributions as the Central Government may from time to time by order in writing specify, and in addition to such contributions, the said Fund shall consist of-(a)such sums as the Central Government may, after due appropriation made by Parliament by law in this behalf, provide from time to time;(b)such sums as the State Governments may from time to time contribute; and(c)such other sums as may be received (whether by way of refund, gift, donation or in any other manner) for being credited to the Fund.(5)Subject to the provisions of this Act and the scheme, there shall be paid as compensation out of the Solatium Fund,-(a)in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of five thousand rupees;(b)in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of one thousand rupees;Provided that where the sum standing to the credit of the Solarium Fund is not adequate for meeting any claim for compensation under this section, such claim may be kept pending for payment till such time as the sum necessary for meeting it becomes available in the Fund.(6)The provisions of sub-section (1) of section 110A shall apply for the purpose of making applications for compensation under this section as they apply for the purpose of making applications for compensation referred to in that sub-section.
