Why are uninsured vehicles not part of crash relief scheme? Supreme Court

Union road transport ministry officials said the scheme will be notified as provided for under Central Motor Vehicle Act.

NEW DELHI: With Centre formulating a scheme to provide interim financial relief of Rs 2 lakh to families of road crash victims for deaths and Rs 1 lakh for grievous injuries, limited to accidents involving insured vehicles, SC has sought an explanation from govt on why it is not being extended to uninsured vehicles.Taking note that “Compensation to Victims (Interim Relief) Scheme, 2026” has not been notified or publicised, a bench of Justices JB Pardiwala and KV Viswanathan directed the govt to publicise it to ensure awareness. People must be made aware of their right to seek interim compensation, it said.Union road transport ministry officials said the scheme will be notified as provided for under Central Motor Vehicle Act.

Govt informed SC that the ministry shared the scheme with states and UTs on Feb 23. SC had directed the ministry in April 2025 to formulate the scheme.On why it covers only insured vehicles, officials said it was framed under provisions of MV Act dealing with insured vehicles. If the offender’s vehicle is uninsured, the matter will go to a Motor Accidents Claims Tribunal (MACT).

The apex court bench examined clause 6 of the scheme, which specifies that victims or legal heirs of the deceased can apply through a designated online portal, providing details of claims filed or pending before a MACT.

Officials said that Section 164 of the Act, which deals with compensation in cases of death or grievous injury, requires the vehicle owner or insurer to pay Rs 5 lakh and Rs 2.5 lakh for death and serious injury, respectively, under the “no-fault liability” provision. A claimant need not establish that death or injury resulted from wrongful act, neglect or default on the vehicle owner’s part.“Hence, interim relief was set at Rs 2 lakh for death and Rs 1 lakh for serious injury for immediate relief. Final compensation would be higher, depending on the order of MACT,” an official said.