Last Updated on January 25, 2018 by Legalseva.net
Enhancement in Motor Accident Claim Tribunal Cases. It usually has remained a trend for High Courts where appeal lies after 90 days after the decision of tribunal to enhance the compensation but just and proper rule in awarding compensation still follows.
If you think, you have been awarded less or award is against you, the remedy lies before High Court as FAO i.e. first appeal against order.
The parties will remain the same as before the Motor Accident Claim Tribunal. The rationale behind the compensation still have remained the same, to compensate for the loss (death or injury) economically and let the family recuperate with the aid of it.
No one can replace or fulfill the actual loss but it is just a statutory measure for families in distress to come out of trouble and start afresh.
Compensation can be enhanced on various grounds:
1 Income Assessed wrong.
2 Multiplier w.r.t age.
3 Compensation awarded under different heads not sufficient.
4 Anomalies in the findings of trial court.
5 Latest Judgements not followed.
6 Award dismissed or excess award given.
7 liability fastened on the wrong person.
So the insurer, claimant , owner, driver or anyone affected by the award can reach the High Court for appropriate orders.
MACT being a social welfare key legislation decides the claim liberally in favour of needy and indigent whereas no strict proof of claim is required barring there is no malafide or crook played against the insurance company.
Also, the claimants have to engage a lawyer in coming before the high court which can be muddled out through references or online legal platforms. Parties should spell out expectations clearly in the beginning so that the grounds of appeal can be drafted aptly.
Hope this article helps you understand the Enhancement in Motor Accident Tribunals a bit better and advance. If you have any queries, please email at [email protected]
