Case at a Glance
Section 164A of the Motor Vehicles Act, in force since 1 April 2022, empowers the Centre to make a scheme for interim relief to accident claimants. After the Supreme Court in April 2025 deprecated the three-year delay and ordered a scheme within four months, the Union said it had framed the Compensation to Victims (Interim Relief) Scheme, 2026. Hearing contempt petitions, the Court held the scheme is a statutory scheme to which Section 212 applies, directed its publication in the Official Gazette at the earliest and wide publicity, and asked whether uninsured vehicles are covered. It also issued notice on delay in road accident annual reports.
In this long-running road safety PIL, the Supreme Court on 17 April 2025 gave the Ministry of Road Transport and Highways until the end of August 2025 to publish the 2023 road accident annual report, and directed that annual reports be published within six months of the end of every calendar year. On 28 April 2025 it noted that Section 164A, which allows the Central Government to make schemes for interim relief to claimants and requires a procedure to recover funds from the vehicle owner, had not been implemented for three years since coming into force on 1 April 2022. It said: “This failure has to be deprecated,” and directed a scheme within four months.
Contempt petitions were filed alleging non-compliance with both orders. At the hearing, the Additional Solicitor General said MoRTH had framed the “Compensation to Victims (Interim Relief) Scheme, 2026” and circulated it to States and UTs by letter of 23 February 2026. As read out in the order, claimants apply in Form I on an electronic portal; the investigating officer must upload the DAR within 90 days of the accident; the insurer must accept or reject within thirty days with reasons in Form II; payment follows within thirty days of acceptance; and interim relief is recoverable if the Tribunal later rules against the claimant.
The Key Question Before the Court
Has the Union complied with the Supreme Court’s directions to operationalise interim relief for road accident claimants under Section 164A and to publish road accident reports on time?
A Scheme on Paper Is Not Enough
The amicus curiae and the applicant told the Court they were unaware of the scheme, and submitted that it applies only to claims involving insured vehicles, with the insurer paying the interim amount, leaving accidents caused by uninsured vehicles unaddressed. The Court asked the ASG to take instructions on whether uninsured vehicles are covered, and stressed that the public must know about the scheme, directing ‘wide publicity’.
The Court then noted that Section 212 of the Act governs publication, commencement and laying of rules and notifications, with rules taking effect on publication unless a later date is appointed. Since the scheme is framed under Section 164A, it is a statutory scheme to which Section 212 applies, so the Union must publish it in the Official Gazette “at the earliest” and explain how it will be made operational. On annual reports, the Court reiterated that they are useful only if published with promptness, and issued notice on the contempt petition. It also asked the Union to consider the applicant’s suggestions on district-wise data on pending claims and unsatisfied awards, quarterly statistics and Claims Tribunal infrastructure.
What the Court Actually Held
- The Compensation to Victims (Interim Relief) Scheme, 2026, framed under Section 164A, is a statutory scheme to which Section 212 applies; the Union must publish it in the Official Gazette at the earliest and give it wide publicity.
- The ASG must take instructions on whether uninsured vehicles are covered, and the Union must explain how it will make the scheme operational.
- Notice was issued on the contempt petition about delayed road accident annual reports; the Union must explain non-compliance with the 17 April 2025 directions and its proposed steps.
- The Union must consider the applicant’s suggestions on claims data and tribunal infrastructure; all matters are listed on 25 November 2026.
Why This Judgment Matters
- Interim relief under Section 164A can give accident victims money long before a final MACT award; the Court is pushing for it to work in practice.
- Whether victims of uninsured vehicles are covered is a major gap the Court has flagged.
- It signals continuing judicial oversight of road accident data and Claims Tribunal delays.
What Should Advocates Take Away From the Judgment?
For Claimants
- Watch for Gazette publication of the 2026 Interim Relief Scheme and the electronic portal for Form I applications.
- Under the scheme as read out, the insurer must decide within thirty days and pay within thirty days of acceptance.
- Interim relief may be recovered if the Tribunal later rules against the claimant.
For Counsel
- Ensure the investigating officer uploads the DAR within 90 days, as the scheme contemplates.
- Track the Court’s answer on uninsured vehicles before advising such claimants.
- Use the 2025 orders and this order when pressing for implementation of Section 164A.
Key Takeaways
- Section 164A interim relief scheme framed as the 2026 Scheme.
- It must be gazetted under Section 212 and widely publicised.
- Coverage of uninsured vehicles to be clarified by the Union.
- Contempt notice on delayed road accident annual reports; next hearing 25 November 2026.
Frequently Asked Questions
What is Section 164A of the Motor Vehicles Act?
It empowers the Central Government to make schemes for interim relief to claimants in motor accident cases, with a procedure to recover the funds from the vehicle owner. It came into force on 1 April 2022.
Does the 2026 scheme cover accidents by uninsured vehicles?
That is unclear. The amicus and applicant said it covers only insured vehicles; the Court asked the ASG to take instructions.
Is this a final judgment?
No. It is an order in a pending PIL and contempt petitions; no INSC citation appears in the text read.
Conclusion
The order keeps up pressure on the Union to turn Section 164A into a working remedy. A scheme that is unpublished, unknown and possibly silent on uninsured vehicles does little for families waiting years for a MACT award.
Practical takeaway: Accident claimants should watch for Gazette notification of the Compensation to Victims (Interim Relief) Scheme, 2026 and its portal, and counsel should insist on timely DAR uploads to access interim relief.
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