Court Orders Urgent Reforms in Investigation and Compensation Mechanisms for Victims
In a landmark judgment dated July 20, 2026, the Kerala High Court has directed the State Police Chief of Kerala to establish Special Squads in each district to promptly investigate and apprehend offenders in hit and run motor accident cases. The judgment, delivered by Justice G. Girish, emphasizes the critical need for technological integration and coordinated efforts among law enforcement to ensure justice for victims and restore public confidence in the criminal justice system.
The judgment responds to the inadequacies observed in the current handling of hit and run cases, where offenders and vehicles often evade capture despite the availability of CCTV footage. The Court highlighted the inefficacy of the existing "Compensation to Victims of Hit and Run Motor Accidents Scheme, 2021" and recommended amendments to enhance compensation mechanisms, drawing comparisons to models in Australia and England.
The Court underscored the importance of timely action, urging the Central Government to consider legislative changes to mobilize funds for victim compensation and explore successful international systems like Australia's Nominal Defendant model and England's Motor Insurers' Bureau.
In specific cases presented to the Court, involving severe injuries and fatalities due to hit and run incidents, the Court ordered the investigations to be handed over to high-ranking officers to ensure thorough and effective inquiry.
The judgment also calls on the Central and State Governments to undertake legislative and administrative measures, including amending the Motor Vehicles Act and the Bharatiya Nyaya Sanhita, 2023, to address the challenges in these cases. The Court expects immediate steps from the Central Government to modify existing compensation schemes and introduce necessary legislation.
The judgment, which provides directives for the formation of Special Squads, is seen as a significant move towards enhancing the efficiency of investigations and delivering justice to victims of hit and run accidents.
Bottom line:-
Directions issued to the State Police Chief of Kerala to constitute Special Squads in each district for timely action in hit and run motor accident cases and ensure effective coordination and use of technology in tracing and apprehending offenders and vehicles.
Statutory provision(s): Motor Vehicles Act, 1988 Section 161, Compensation to Victims of Hit and Run Motor Accidents Scheme, 2021, Bharatiya Nyaya Sanhita, 2023.
Geetha v. State Police Chief of Kerala, (Kerala) : Law Finder Doc id # 2943840
