Accidental Claims Law

Introduction

Every year many people lose their lives in road accidents. Sometimes it is because of their fault and the other times, they have to pay for the actions of the others. But what is the remedy available to a person who suffers because of the wrong actions of others? The Motor Vehicles Act, 1988 is the remedy. It is through this Act that all the offenders are held liable and in the form of punishment they have to compensate the victim. 

This Act aims at preventing motor vehicle accidents, and if in case it happens, it ensures that the victim gets justice and the person who caused the accident gets punished.

Motor Vehicle Act, 1988 

The Motor Vehicle Act of 1988 is a comprehensive Act that has replaced the Motor Vehicle Act, 1939. It was implemented on 1st July 1989. The first Act that came in force regulating the road transport vehicles was the Motor Vehicles Act, 1914. The Act of 1914 was later on replaced by the Motor Vehicles Act, 1939. Later on, with the changing time the need to introduce new changes became urgent so, Motor Vehicle Act, 1988 was enacted. 

Following are the features of the Motor Vehicles Act, 1988 :

• It is an Act that covers all the aspects of road transport vehicles. 
• It is a legislation that ensures the welfare of the public after they meet with an accident.
• Chapter II of the Act deals with the ‘Licensing of Driver of Motor Vehicles’. Section 10 defines ‘Driving License’ as a license issued by the concerned authority to the driver of any vehicle to drive his vehicle otherwise than as a learner. 
• Chapter III deals with the ‘Licensing of Conductors of State Carriages’.
• Chapter IV of the Act covers ‘Registration of Motor Vehicles’. Under this Section 39 tells about the necessity of registration.
• ‘Liability without Fault in certain cases’ comes under Chapter X of the Act. Section 140, Section 141, and Section 142 deal with Liability to pay compensation in certain cases.
• On the principle of no-fault, provisions as to other rights to claim compensation for death or permanent disablement and permanent disability respectively. 
• where Section 177 covers the aspect of General provision for punishment of offences.
• It includes the concept of ‘Third Party’. The ‘third party’ here means those innocent people who are helpless and have been affected because of the reckless driving of the drivers.

Basic Rules of the Motor Vehicles Act, 1988 

Given below are the basic rules of the Motor Vehicles Act, 1988 

• According to Section 3 of the Act, no person can drive a vehicle without any authorized driving license, and without any driving license authorizing a person to drive a transport he cannot drive such a vehicle.
• Section 4 states that unless a person attains the age of majority (18 years) he cannot drive a vehicle.
• From Section 35 to Section 65 procedure for the registration of the vehicle has been laid down and it has been made mandatory to get one’s vehicle registered.
• It is necessary for the vehicle owner to get third party insurance as stated from Sections 145 to 164.

Motor Accident Claim Tribunal 

Motor  Accident Claim Tribunal is a tribunal established for the cases falling under the Motor Vehicles Act, 1988. The main purpose of the Claims Tribunal is to ensure speedy trial of cases and that justice is being delivered. 

The claimant should apply to claim within a reasonable period. According to Section 173, the appeals against the Claims Tribunals will lie before the High Courts. The appeals will have to be filed within 90 days from the date of the decision. If in case the claimant is late to file the appeal then he has to give a reasonable reason for such delay. If satisfied, the Court will then admit the appeal. In case the amount in dispute in appeal is less than Rs10,000/- then it shall not be entertained.

The Motor Accident Claim Tribunal deals with the cases that involve loss of life or property, or in case of injury. The Claims can be filed in the appropriate Claims Tribunal. The judges who preside over the tribunals are the judicial officers from Delhi Higher Judicial Services. High Courts of different states supervise these Tribunals.

As per Section 165(1) of the Act, a State Government can, by issuing a notice in the Official Gazette, can establish a new Motor Accident Claims Tribunal in the area specified in the notice. Section 165(2) gives liberty to the State Government to appoint as many numbers of members as it deems fit. But from the members appointed one has to be the Chairman.

Section 165(3)  states that for a person to become a member of Claims Tribunal following conditions must be satisfied :

• He is or should have been a judge of a High Court 
• He is or should have been a judge of a District Court
• He is qualified enough to be appointed as a judge of a District Court or a High Court

As stated under Section 165(4) if there are two or more Claims Tribunal in an area then the Government based upon order, either general or special, can distribute work amongst them. 

Section 166 of the Motor Vehicles Act, 1988

Section 166 of the Act tells about who can apply for compensation in Motor Accident Claims Tribunal.

Who can claim compensation in MACT cases?

As per Section 166 of the Act, a person claims compensation if :

1. he has sustained an injury
2. he is the owner of the property 
3. he is the legal representative of the person who died in the motor accident
4. he is the agent authorized by the injured person, or by the legal representatives of the deceased, as the case maybe  

Compensatory Provisions under the Motor Vehicles Act, 1988 

https://www.slideshare.net/slideshow/embed_code/key/4BeLHAz31m3p6WRoad accident claim compensation ii from Diganth Raj Sehgal

When can compensation be claimed?

There is no prescribed limit within which the claim application has to be filed. But claiming the compensation after a long unnatural period might result in raising doubts in the minds of the Tribunal. Therefore, even though there is no prescribed limit to apply for compensation it should be claimed within a reasonable time.

According to Section 165(1) of the Motor Vehicles Act, 1988 the Claims Tribunal can entitle compensation to the claimant in the following circumstances –

• When the accident involves death or bodily injury to a person 
• When the accident results in the loss of any property of a third party
• When such accidents arise out of the use of motor vehicles 

Where can compensation be claimed?

The application for the claim can be filed in the following tribunals :

• The Claims Tribunal where the claimant resides 
• The Claims Tribunal where the owner of the vehicle resides
• The Claims Tribunal where the accident took place