Where a hit-and-run vehicle is never traced, the Motor Vehicles Act 1988 gives a separate remedy against a central fund, not against an identified insurer. Sections 161 and 162 create the scheme, and a claim is made on a prescribed form supported by the police report. The compensation is capped by the statute, so the first police report and the accident-scene evidence decide whether the claim survives.
When this matters
- The offending vehicle fled the scene and the police could not trace it.
- The victim is injured or killed and there is no insurance policy to proceed against.
- An ordinary section 166 claim cannot be filed because there is no owner or insurer to name.
- The family needs to know what the first police report must record to keep the claim alive.
Our motor accident claims and civil litigation teams handle both the traced and untraced routes; the pleading work follows our civil litigation formats guide.
What to do at the scene and in the first report
- Get the accident reported at once. The FIR, under section 173 BNSS 2023 (formerly section 154 CrPC), is the single most important document. State that the vehicle fled and give its description.
- Record the description. Colour, type, registration if partly seen, direction of travel and the time, so the police can trace or confirm non-tracing.
- Secure the scene evidence. Names and contact details of eyewitnesses, nearby shop or CCTV footage, and photographs taken before things change.
- Get treated and keep the record. The hospital record fixes the injury and the date, which ties the injury to the reported accident.
- Don't delay the report. A late report invites the allegation that the accident never happened as described.
Everything in the hit-and-run scheme turns on the paper trail made in the first hours. If the report is sketchy, if the description of the fleeing vehicle is vague, or if the witnesses are not captured, the police may find it hard to certify non-tracing later, and the claim stalls at that point. Treat the report as the foundation of the claim, not as a formality.
The scheme under sections 161 and 162
Section 161 empowers the scheme for compensation in hit-and-run cases, and section 162 deals with the fund and the claims process. A claim is made in the prescribed form before the Claims Tribunal or the designated authority, supported by a police report confirming that the offending vehicle could not be traced. A police certificate that the vehicle is untraceable is the key document: without it, the claim under the scheme cannot proceed, because the whole basis is that no insurer can be identified.
The tribunal's role
The tribunal or the designated officer examines whether the accident occurred, whether the vehicle was untraceable, and the extent of injury or death. On being satisfied, it awards compensation from the fund. Because the scheme is a statutory safety net rather than a full damages claim, the amount is limited by a ceiling fixed under the statute and the scheme, and it does not carry the wide heads of compensation available in a section 166 claim against an identified insurer. Where the vehicle is later traced, the ordinary route can be considered instead.
Documents to attach
- FIR and the police report confirming the vehicle was untraceable.
- The prescribed hit-and-run claim form, correctly filled.
- Medical records and bills, or the post-mortem and death certificate for a fatal case.
- Proof of the accident: site plan, witness statements, photographs or CCTV.
- Identity proof and, for a death claim, legal heir proof and the death certificate.
- Any disability certificate where the injury left lasting disability.
Timelines and limitation
The claim should be filed as soon as the police confirm non-tracing, because the scheme looks for promptness and because witnesses and records fade quickly. A claim filed long after the accident risks being rejected on that ground alone, so promptness is part of the merits. A claim under the fund is not a substitute for a section 166 claim and should not be filed late on the assumption that time does not matter. If the vehicle is traced after the claim is filed, take legal advice at once, because the correct respondent may change. For help before the trail goes cold, contact the firm.
Common questions
Is there any compensation if the vehicle is never found?
Yes. Sections 161 and 162 provide compensation from a designated fund, but the amount is capped by the statute and the claim must be backed by a police report that the vehicle could not be traced.
Can I file a normal accident claim instead?
A section 166 claim needs an owner and an insurer to be named. Where the vehicle is untraced there is nobody to name, so the hit-and-run scheme is the correct route.
What does the police report have to say?
It must confirm that the accident was reported, describe the offending vehicle, and record that despite investigation it could not be traced. That non-tracing certificate is what unlocks the fund.
What if the vehicle is traced later?
Then the position changes. You may be able to proceed against the owner and insurer under section 166. Speak to a lawyer quickly, because the respondent and the forum may need to be corrected.
FileX Advocates & Legal Consultants, Kolkata, drafts and files these matters before the Calcutta High Court, City Civil and Sessions courts, magistrate, family, consumer and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation.