C. K. PRASAD, J. ( 1 ) BY this writ petition, filed under Articles 226 and 227 of the constitution of India, the petitioner prays for quashing of the order dated 5. 8. 1999 (Annexure P-1) passed by the Motor Accidents claims Tribunal in Claim Case No. 2 of 1999 whereby, the objection taken by the petitioner as regards to the maintainability of the application has been overruled. ( 2 ) SHORT facts giving rise to the present writ petition are that respondent Nos. 1 to 4 filed application before the Motor Accidents claims Tribunal under sections 161 and 163 of the Motor Vehicles Act, claiming compensation of Rs. 25,000 on account of death of their father in a hit and run motor accident. Petitioner appeared and took objection to the jurisdiction of the motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal') to grant compensation in case of hit and run motor accident. The Tribunal by the impugned order held that it has jurisdiction to entertain the application and overruled the objection. ( 3 ) MR. N. S. Ruprah appears on behalf of the petitioner. Mr. Atulanand Awasthy appears for respondent Nos. 1 to 4 whereas, respondent No. 5 is represented by Mr. Vivekanand Awasthy, G. A. Mr. Ruprah, appearing on behalf of the petitioner contends that under section 163 of the Motor vehicles Act, 1988, the Central Government has framed scheme which is known as Solatium Scheme, 1989, and according to that, application for grant of compensation in case of hit and run motor accidents has to be filed before the Claims Enquiry officer of the Subdivision. This being so, according to Mr. Ruprah, application for grant of compensation in case of hit and run motor accident cannot be entertained by the Tribunal. Mr. Atulanand Awasthy, appearing on behalf of respondent Nos. 1 to 4, however, submits that an application for grant of compensation in case of hit and run motor accident is maintainable before the Tribunal. ( 4 ) IN order to appreciate the rival submissions it would be apt to consider the relevant provisions of the Act one by one. Section 161 of the Act which is relevant for the purpose reads as follows: "161. Special provisions as to compensation in case of hit and run motor accident. ( 4 ) IN order to appreciate the rival submissions it would be apt to consider the relevant provisions of the Act one by one. Section 161 of the Act which is relevant for the purpose reads as follows: "161. Special provisions as to compensation in case of hit and run motor accident. (1) For the purposes of this section, section 162 and section 163 (a) 'grievous hurt' shall have the same meaning as in the Indian Penal Code, 1860 (45 of 1860); (b) '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; (c) 'scheme' means the scheme framed under section 163. (2) Notwithstanding anything contained in the General Insurance Business (Nationalisation) Act, 1972 (57 of 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 provide 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. (3) Subject to the provisions of this Act and the scheme, there shall be paid as compensation (a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of twenty-five thousand rupees; (b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of twelve thousand and five hundred rupees; (4) The provisions of sub-section (1) of section 166 shall apply for the purpose of making applications for compensation under this section as they apply for the purpose of making applications for compensation referred to in that subsection. " a plain reading of this section makes it clear that it has contemplated special provisions for grant of compensation in cases of death or grievous hurt in hit and run motor accidents. It is the remedy which the legislature has devised to overcome the impact on the victim or his family in case of hit and run motor accident. " a plain reading of this section makes it clear that it has contemplated special provisions for grant of compensation in cases of death or grievous hurt in hit and run motor accidents. It is the remedy which the legislature has devised to overcome the impact on the victim or his family in case of hit and run motor accident. Legislature while taking into consideration the peculiar social structure of the country has engrafted section 161 in the Act. It provides for payment of fix sum of Rs. 25,000. ( 5 ) SECTION 163 of the Act provides for scheme to be framed by Central Government for payment of compensation in case of hit and run motor accidents. Section 163 of the Act reads as follows: "163. Scheme for payment of compensation in case of hit and run motor accidents. (1) The Central Government may, by notification in the Official gazette, make a scheme specifying the manner in which the scheme shall be administered by the General Insurance corporation, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, the procedure to be followed by such officers or authorities for considering and passing orders on such applications, and all other matters connected with, or incidental to, the administration of the scheme and the payment of compensation. (2) A scheme made under sub-section (1) may provide that (a) a contravention of any provision thereof shall be punishable with imprisonment for such term as may be specified but in no case exceeding three months, or with fine which may extend to such amount as may be specified but in no case exceeding five hundred rupees or with both; (b) the powers, functions or duties conferred or imposed on any officer or authority by such scheme may. be delegated with the prior approval in writing of the Central Government, by such officer or authority to any other officer or authority; (c) any provision of such scheme may operate with retrospective effect from a date not earlier than the date of establishment of the Solatium Fund under the motor Vehicles Act, 1939 (4 of 1939), as it stood immediately before the commencement of this Act: provided that no such retrospective effect shall be given so as to prejudicially affect the interests of any person who may be governed by such provision. "it is relevant here to state that section 163 of the Act not only provides for making of scheme but also provides for the officer or the authorities to whom the application for compensation is to be made in case of hit and run motor accidents. Rule 20 of the solatium Scheme, 1989, provides for procedure for making the claim application. It reads as follows:"20. Procedure for making the claim application, (1) The applicant shall submit an application seeking compensation under this scheme in Form I along with duly filled in discharge receipts in form II and the undertaking in Form V to the Claims Enquiry Officer of the subdivision or Taluka in which the accident takes place. (2) An application under clause (1)shall be made within a period of six months from the date of the accident: provided that an application made after six months but not after 12 months from the date of the accident may be accepted by the Claims Enquiry Officer, if he is satisfied that there are reasonable grounds to condone the delay. (3) Where the Claims Enquiry Officer does not accept the grounds advanced by the applicant, he shall record speaking orders and communicate to the applicant reasons for not accepting the claim application. "a plain reading of rule 20 of the Solatium scheme, 1989, makes it clear that an application seeking compensation under the scheme is to be filed in Form I before the claims Enquiry Officer of the Subdivision in which the accident had taken place. Thus, under the Scheme a particular forum has been provided for claiming compensation in case of hit and run motor accidents. This being the position, respondent Nos. 1 to 4 were ill-advised to file application before the Tribunal. Thus, under the Scheme a particular forum has been provided for claiming compensation in case of hit and run motor accidents. This being the position, respondent Nos. 1 to 4 were ill-advised to file application before the Tribunal. Tribunal having no jurisdiction in the matter ought to have upheld the objection of the petitioner. In that view of the matter, his order cannot be allowed to stand. ( 6 ) RESPONDENT Nos. 1 to 4, if so advised, may take recourse to any other remedy available to them under law. ( 7 ) IN the result, writ petition is allowed. Order dated 5. 8. 1999 passed by the Tribunal in Claim Case No. 2 of 1999 is set aside. In the facts and circumstances of the case, there shall be no order as to costs. Petition allowed. .