Chapter XI — Insurance Of Motor Vehicles Against Third Party Risks
Section 161 — Special provisions as to compensation in case of hit and run motor accident
Written and checked byManju Shekhar· Motor Law & Compliance· Updated 10 October 2026
Motor Vehicles Act, 1988 (Act 59 of 1988)
Text of the section
Special provisions as to compensation in case of hit and run motor accident.—(1) For the purposes of this section, section 162 and section 163— (a) “grievous hurt” shall have the same meaning as in the Indian Penal Code (45 of 1860); (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 163. (2) Notwithstanding anything contained in the General Insurance Business (Nationalisation) Act, 1972 (57 of 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 provide 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. (3) Subject to the provisions of this Act and the scheme, 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 1[twenty-five thousandrupees]; (b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of 2[twelve thousand and five hundred rupees]. (4) The provisions of sub-section (1) of section 166 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.
Reproduced from the India Code text of the Act. Bracketed superscript numerals are the official footnote markers for earlier amendments.
Amended by the Jan Vishwas Act, 2026 — in force from 15 August 2026
(N) In section 161, in sub-section (4), in clause (b), for the words “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”, the words “liable to penalty which shall not be less than one lakh rupees but which may extend to five lakh rupees” shall be substituted.
Amending instruction from the Jan Vishwas (Amendment of Provisions) Act, 2026 (No. 8 of 2026), Schedule entry 51, quoted verbatim. It took effect for the Motor Vehicles Act on 15 August 2026 under S.O. 4100(E), 24 July 2026. Where it conflicts with the text above, this later change prevails.
Before you rely on this. The base text above is the Act as consolidated by the India Code, which predates the 2019 amendment; 2019 and 2026 changes are shown separately rather than merged in. Later amendments may also apply. For anything official, read the current text on the e-Gazette or the Ministry of Road Transport and Highways site.
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