Last Updated on June 16, 2018 by Legalseva.net
Life is so precious; preserve it as you are not alone here. Driving on the roads carrying one’s life is not as such easy, as no one knows what will happen next to them. Roads are always your way to Destination but some day it might stuck you somewhere. Various insurance policies and law will compensate on in such circumstances, to bring one out who is affected or injured either physically or financially.
When a person is suffered from an accident and got injured from it, he can claim for various forms of compensation under Motor accident claims tribunal (MACT). Now we will discuss what actually MACT is?
Also Read- MACT CLAIM CALCULATION
The act deals with matters related to compensation of motor accidents victims or their guardians. The Tribunal provides claims relating to loss of life/property and injury cases resulting from Motor Accidents. It particularly deals with all the cases which are result of a motor accident claiming any form of damages. The eligible person claim there right coming to tribunal before time lapses.
Motor Accidents Claims Tribunal has been created by the Motor Vehicles Act, 1988.
-It has been constituted to provide speedier remedy to the victims of accident by motor vehicles.
-The Tribunals takes away jurisdiction of Civil Courts in the matters which concerns the Motor Accidents Claims Tribunal.
-A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals for such area as may be specified in the section 165.
Things one should perform just after the commission of accident:
a. A case is to be registered of the act by a local police officials stating all the facts which should be rectified by several on scene evidences:
– One should take some pictures and videos of the accident scene can be captured by anyone present there to be used as evidence later on.
– One should inform the whole situation by calling on helpline no. 100.
– This conversation get recorded in headquarters and can be further used as an evidence.
b. After been with all this police authority has to register FIR, start investigation, and file Charge-sheet. After this matter is taken up by judiciary.
-One should file a claim during investigation process within a reasonable time.
Also Read- Motor Accident Claim Tribunal Future Prospects
As per Section 165 Motor accident claims tribunal provides for the eligibility of a person who can file claim.
It Can be filed:-
1. By the person who get rid by the injury.
2. By the owner of the property where death has resulted from the motor accident.
3. By all or any of the legal representatives of the deceased.
4. By any agent duly authorized by the person injured or all or any of the legal representatives of the deceased, as the case may be.
Any of the above-mentioned are eligible to file a claim for compensation under MACT.
For filling these claims there are no such time limit. But a claim should be filled within a reasonable period otherwise Tribunal can ask for explanation.
The Tribunal can decide for the compensation claims –
When the accident involves death of the person, or bodily injury to the person; or damage to any property of the third party; or both.
When the accident arises out of the use of motor vehicle.
Procedure for filling of claim:-
Claim petition filled to the Claims tribunal having jurisdiction over the area in which the accident occurred or, to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides, or carries on business or,within the local limits of whose jurisdiction the defendant resides.
Such claim can be filled against various authorities which can be party to the claims:
Insurer
Insurer is also a party to the Claims. section 146 of the Act makes it compulsory for the owner of the vehicle to get his vehicle insured against third party risk. The expression ‘third party risk’ is used because the Claimant is the third party as he is neither First Party i.e. the Insurer(the Insurance Company) nor he is Second Party i.e. the Insured(Owner of the Motor Vehicle). Insurance has been made compulsory and non-compliance with section 146 has been made punishable with imprisonment, or fine, or both(sec.196).Primary object of compulsory insurance of motor vehicle is for the benefit and monetary security of the victim as in some cases one got injured and damages are such that owner is not capable to compensate that third party.
Also Read- All you need to know about MACT Claims
No fault liability
Chapter 10 imposes no fault liability on the owner of the motor vehicle. Hence, this liability arises out in the case where accidents would leads to death or permanent disability of the victim.
Section 140 of the Act lays down the principle of no fault liability. According to this principle the liability of paying compensation is imposed on the owner of the motor vehicles even if no fault exists in relation to the accident being examined by the court.
The compensation to be paid as per the provisions of sec. 140(2) for No fault liability is Rs 50000 in case of Death – Rs 25000 in case of permanent disablement.
Hit and run motor accident
As per section 161(1)(b) hit and run motor accident provides as 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.
In claim of hit and run, the vehicle which caused the accident is untraceable. Even though positive efforts have been put in to ascertain the identity of the vehicle yet it is untraceable.
As per sec. 163 of the act Government has created a solatium fund for the victims of ‘hit and run motor accident’. These victims are eligible for compensation through a Special Fund i.e. ‘Solatium Fund’.
Section 161 provides for the amount of Compensation which is `25,000/- in the event of death and `12,500/- for grievous injuries. Every year this fund is contributed by both public and private Insurers. Where the vehicle is without insurance, the victim/dependents have the right to claim compensation from the owner/driver under Motor Vehicles Act, 1988.
Provisions supported by some relevant case laws:
Skandia Insurance Co. Ltd. v. Kokilaben Chandra Vadan( AIR 1987 SC 1184)- the driver had no driving license when he met an accident with the motor vehicle he was driving. The right of compensation of victim is not at all affected by the fact that motor vehicle was driven by a man who was not having driving license. Even if the insurance policy mentions something contrary to this rule. ‘If the vehicle is not insured any legal liability arising on account of third party risk will have to be borne by the owner of the vehicle.’ ( Iyyapan vs M/s United India Insurance Co. Ltd. and another ,2013)
If you are not satisfied by the MACT compensation, you can file the appeal as FAO (First Appeal against Order) in High Court of Punjab and Haryana and it mostly enhanced seeing the past trends.
For any subject specific advice, please dial 99888-17966 for LegalSeva. This post is written by Amrit Ghoshi , ICFAI Law School , Dehradun , BBA LL.B (2016-2021)
