Last Updated on February 20, 2018 by Legalseva.net
How is Compensation being calculated under Motor Accident Claim Tribunal (MACT)
Be it Life Insurance, General Insurance, Health Insurance or even Motor Accidental Claim Insurance can ever compensate the loss of a loved one but it can make the family recover from such a grave loss by awarding adequate compensation.
In India, compensation claim can be made in case of a death, injuries to body and recover loss of vehicle. Motor Vehicles Act, 1988 is the regulation followed for death of a loved one or injuries received. Even the repair of your vehicle can also be recovered under this legislation.
It will be quite an inappropriate question to ask early before the accident; how much compensation under MACT Tribunal be asked if someone suffers a death or injury or his vehicle is broken down? But this post only aims at enhancing the knowledge of the aggrieved party in case he has to file the MACT claim petition under various sections of the Motor Vehicles Act, 1988.
Best/Top Motor Accident Lawyers of Chandigarh, Panchkula, Mohali and Zirakpur will assist you in assessing your claim and receiving it from the MACT Tribunal in the end. You may also go to appeal in High Court Chandigarh within 90 days if you are satisfied the with the award and require enhancement.
Now the million dollar question is, on what factors MACT tribunal decides the compensation? LegalSeva here tries to compile the factors in a list for your reference. Kindly have a read:
1 . Age of the deceased at the time of accident- Most Important Aspect.
2. Income of deceased injured when accident took place minus taxable income*12 for per annum.
3.Multiplier as followed in column number 4 of Sarla Verma table. Read it here- https://indiankanoon.org/doc/837924/
4 Loss of Future Income as settled by 5 judge bench of Supreme Court in NIC vs. Pranay Sethi. Read it here- https://indiankanoon.org/doc/139996215/
5 Permanent/Temporary Disability, Partial/Functional Disability qua whole body or with respect to particular limb. The report of a Medical Expert is a must in these cases. Disability can also be ranked based on Function. Here the tribunal has to assess the loss of income due to disability. If you wish to calculate the disability component on your own, then read here. Usually in injury cases Second Schedule (163-A) is being followed even though it suffers from various defects.
6 Treatment cost– Surgeries, any special equipment being used should also be produced along with the bills in the name of the patient, The court assess the claim regarding medicines and hospitalization as per actual. So preserve the original bills.
7 Judgments -As per the Pranay Sethi Judgement for Loss of Consortium, Loss of a Estate and funeral expenses be limited to 40K, 15K and 15K Indian rupees each. All Supreme Court Judgments on Motor Vehicles Act, 1988 are binding on all High Courts and MACT Tribunals of all districts. If the Tribunal awards compensation not in line with the directions of these judgments, then the award can be challenged in High Court as a FAO which is First Appeal against the Order within 90 days of the receipt of the MACT Tribunal Award.
8 Relevant Section– under the claim also depends on the section under which it is filed of Motor Accident Claim Act under Sec 140 (no fault) Sec 163-A (Hit and Run case as per Second Schedule of the Act) and Sec 166 for Rash and Negligent Driving.
9 Personal Deduction Rule– As per Sarla Verma judgment. https://indiankanoon.org/doc/837924/
10 Rate of Interest -7.5% or 9% or 12% entirely based on facts of the case from the date of application. No uniformity. Every court awards the compensation on its own notion.
11 Dependency– Brother and Father not dependents of deceased. Only mother can claim money. Must give proof if they are dependant. See Sarla Verma judgement.
12 Apportionment of Award –It is usually 50% to wife, 25% to Mother/Father and Children. Evidence regarding the same has to be adduced.
These are just some of the key features on which your Motor Accident Claim Tribunal (MACT) Award depends. Even the enhancement amount in MACT compensation by Punjab and Haryana High Court depends on the same factor.
If you have any question related to the subject MACT or Motor Accident Claims, please dial 99888-17966 and say ‘LegalSeva’. You may write to us [email protected] . If you liked the post, please share and drop your feedback in the comments section below. Thanks for reading and finishing it till here.
