109A. 4[ Special provisions as to compensation in cases of hit and run motor accidents.
For the purposes of this section, section 109B and section 109C,-
" grievous hurt" shall have the same meaning as in the Indian Penal Code;
" 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;
" scheme" means the scheme framed under section 109C;
" Solatium Fund" means the Fund established under sub- section (2).
The Central Government may, by notification in the Official Gazette, establish a Fund to be known as the Solatium Fund.
The Solatium Fund shall be utilised 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.
Notwithstanding anything contained in the General Insurance Business (Nationalisation) Act, 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 make to the Solatium Fund such contributions as the Central Government may from time to time by order in writing specify, and in addition to such contributions, the said Fund shall consist of-
such sums as the Central Government may, after due appropriation made by Parliament by law in this behalf, pro- vide from time to time;
such sums as the State Governments may from time to time contribute; and
such other sums as may be received (whether by way of refund, gift, donation or in any other manner) for being credited to the Fund.
Subject to the provisions of this Act and the scheme, there sh[ all be paid as compensation out of the Solatium Fund,-
in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of five thousand rupees;
in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of one thousand rupees: 6[ Provided that where any claim for compensation under section 92A is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant."]
No application for 6[ such compensation] shall be entertained unless it is made within 4[ six months] of the occurrence of the accident: Provided that the Claims Tribunal may entertain the application after the expiry of the said period of 4[ six months] if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.