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HC: Hit-run victims can claim relief under 2020 Hry policy

Chandigarh: The Punjab and Haryana high court has made it clear that a victim of a hit-and-run case under the Motor Vehicles Act, 1988 can also claim compensation under the Haryana Victim Compensation Policy, 2020, and the authorities cannot deny it as both welfare schemes are complementary.

Pointing out that it is up to the claimant under which beneficial scheme he prefers to claim, the HC held, “The agency implementing a scheme does not have a statutory right to curb the choice of the claimant once no such restriction is imposed by the state.” Justice Vinod S Bhardwaj passed these orders while deciding the petitions in which the issue before the bench was “whether a victim in a hit-and-run case under the Motor Vehicles Act, 1988 can claim compensation un- der the Haryana Victim Com- pensation Policy, 2020 or not.”

The law of ‘Generalia Specialibus Non Derogant’ (general things do not derogate from specific things) would not be applicable in the present case as the schemes are not complementary and not conflicting…”

In this case, the deceased, Parmod Kumar, met with a road accident on July 5, 2020, and died on the same day. The driver of the vehicle fled. An FIR was registered at one of the police stations in Karnal district.

Parmod Kumar was the sole breadwinner of his family, and because of his untimely demise, the family was compelled to engage in manual labour for sustenance. The family members of the deceased moved an application for a grant of compensation under the Haryana Victim Compensation Scheme, 2020. However, the District Legal Services Au- thority (DLSA), Karnal, declined it, saying that hit-and- run cases under the Act of 1988 were not covered under the scheme of 2020.

After hearing all the parties, the HC observed that the order passed by the DLSA and upheld by the member secretary, Haryana State Legal Services Authority, was flawed, and set it aside.

The bench asked the DSLA concerned to take a fresh decision in accordance with the law and admissible compensation be disbursed to the claimants, directing the parties to appear before the DLSA on Jan 28

For case specific advice, get in touch with best Service Matters Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar.

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