Motor accident claims tribunal

Motor Acc ident Claim Tribunal ( M ACT ) is a tribunal that was established in India to adjud icate claims of victims of motor accidents . It is a part of the Motor Vehicles Act , 1988 . It was created to provide an efficient and speedy resolution of motor accident claims across India . The primary objective of the Motor Acc ident Claim Trib un als is to adjud icate the claims of victims of motor accidents and to provide them with timely compensation . The trib un als are empowered to award compensation to victims of motor accidents . The amount of compensation awarded is based on the facts of the case and the evidence presented . The Motor Acc ident Claim Tribunal ( M ACT ) is a quasi - judicial body constituted under the Motor Vehicle Act 1988 , and it has the power to adjud icate any claim for compensation arising out of a motor accident . The tribunal is composed of a presiding officer , who is usually a District Judge or Additional District Judge , and two assess ors , who are usually retired government officers . The Motor Acc ident Claim Tribunal hears claims relating to motor accidents , including those arising out of death , injury , or damage to property . The tribunal has the power to award compensation to the victim or their family . The amount of compensation awarded depends on the severity of the injury or the damage to the property . In order to make a claim before the M ACT , the claimant must first file a claim form with the tribunal . The claim form must ...

Application for Payment of Compensation under Section 140 and 166 of Motor Vehicles Act, 1988 for claiming motor accident compensation before the Motor Accident Claims Tribunal. Format of Claim Petition to be filed before the Motor Accident Claims Tribunal to claim Motor Accident Compensation by the victim or family or dependent. Application before the Motor Accidents Claims Tribunal should be filed with all the documents like normal Petition and with the below given application form. The Petition should include: 1. Memo of Parties 2. Application under Section 140 and 166 of the Motor Vehicles Act 1988 for grant of compensation along with affidavit in Support. 3. List of documents with documents 4. Vakalatnama Format of Application under Section 140 and 160 of Motor Vehciles Act, 1988 is given below: BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL_________ CLAIM PETITION NO. __________ OF 20__ IN THE MATTER OF: Mr. _________ CLAIMANT New Delhi VERSUS 1. Mr. ____________ RESPONDENT NO.1 (DRIVER) 2. Mr. ____________ RESPONDENT NO.2 (OWNER) 3. ______________ Insurance Company Ltd RESPONDENT NO.2 (INSURANCE COMPANY) POLICE STATION: _______________ APPLICATION FOR PAYMENT OF COMPENSATION UNDER SECTION 140 AND 166 OF MOTOR VEHICLES ACT, 1988 1. Name and Father’s Name of the Person injured Mr. _______________ s/o Mr. ______ 2. Full address of the Person injured 3. Age of the Person injured 4. Occupation of the Person injured 5. Name & Address of the Employer of the injured 6. Monthly I...

Allahabad High Court: Dr Kaushal Jyendra Thaker, J., decided an appeal with regard to the claim petition being filed beyond 6 months and the same being dismissed by the Motor Accident Claims Tribunal on the said ground in light of Section 166(3) of the Motor Vehicles Act as amended in 2019. The instant appeal was filed at the behest of claimants whose claim petition came to be dismissed by the Motor Accident Claims Tribunal holding it barred by limitation as the accident took place on 24-12-2019 and the petition was filed on 20-08-2010 (sic). The claim petition by MACT was dismissed on the ground of filing of the same beyond 6 months of the date when the accident took place. The above-stated claim was barred under provisions of Section 166 (3) of the Motor Vehicle Act as amended in 2019. It has been contended in the present appeal that the Tribunal mechanically held that amended Section 166 (3) of the MV Act subscribes a period of 6 months for filing claim petition and hence the matter could not be entertained. Appellants counsel submitted that question of law is involved in the present appeal and hence contended that the order of the Tribunal was passed against the settled principle of law. Further, it was submitted that the instant matter could be viewed from three angles: Extension of Limitation Period • The accident took place in December 2019, even if the assumption made by the Tribunal that Section 166 (3) had been notified and is made applicable is considered, six m...

Likes In day-to-day life, travelling through road transport is increasing rapidly and so have accidents. People are always in rush at road because they all want to reach their destiny as early as possible which may cause accidents. The victims of such accident are entitled for the compensation and in order to do that law provides remedies under the Motor Vehicle Act. Background The Motor Vehicle Act (MV Act in short) came into force on 1 st July 1989. This Act is an act of parliament which deals with all aspect of road transport vehicles. This Act created a tribunal i.e., Motor Accident Claims Tribunal (MACT in short) to ensure the cheaper and speedy remedy to the victims of accident of motor vehicle. The Motor Vehicle Act, 1988 empowers the Motor Accident Claims Tribunal to deal with the claims related to injury or loss of life/property resulting from the motor vehicle accident. Who can file a claim petition before the MACT? As Section 166(2) of the Motor Vehicle Act, 1988, the Claimant can file the claim either before the Claims Tribunal having jurisdiction over the area in which the accident occurred or before the Claims Tribunal within the local limits of where the Claimant resides or carries on business or within the local limits where the Defendant resides. Documents required along with Claim Petition • Copy of FIR registered in respect of the said accident • Copy of MLC/Post Mortem Report/Death Report in case of death • Identity proof of the Claimants and deceased ...

On account of rapid development of road transport and increase in number of Motor Vehicles on road the accidents by Motor Vehicles have been increased enormously. About 450,000 accidents take place in India annually, of which 150,000 people die. “India has the highest number of casualties in road accidents,” said the report. “There are 53 road accidents in the country every hour and one death every four minutes.” In 1988 Motor Vehicle Act, 1988 was passed by the parliament of India. This act is responsible for covering all the aspects that are related to road transport vehicles. Furthermore, this act provided licensing to the conductors and the drivers as well as registration of motor vehicles. Also, traffic regulations, the provision on controlling the permit, penalties, and liabilities were covered under the Motor Vehicle Act ,1988. The Motor Vehicle Act 1988 The major objective of this act was to concentrate on the innocent people who are traveling on the road and can get affected by the drivers. The drivers of this motor vehicle were not held accountable for until this act. Thus, under the motor vehicle act, there was a provision for compensation for these helpless people on the road. The Act, 1988 further amended and No-Fault Compensation has been inserted in the Act, even though there is no fault on behalf of drivers of the vehicle. 140. Liability to pay compensation in certain cases on the principle of no fault.— (1) Where death or permanent disablement of any perso...

The Motor Vehicles Act, 1988 has been a landmark legislation acting as the sole judicial remedy for parties involved in road accidents. Here we discuss, the importance of this act as well as the prevailing Section 166, which specifies who can claim compensation in the Motor Accident Claim Tribunal. Read more Need of the Motor Vehicles Act, 1988 With the increase in vehicular traffic, accidents caused by motor vehicles are no more a rare sight nowadays. In such uncertain situations, many lose their property and some even their lives. This doesn't need to occur due to your fault every time. Sometimes, you get involved in an accident due to the fault of others. The Motor Vehicles Act, 1988 comes in as a legislative redressal in such situations with provisions that protect the interests of those who aren’t at fault, ensures adequate compensation, and justice to the victim as well as punishment for the person whose ignorance called for the accident. It is only through this act that an offender can be held liable in the case of an accident so that compensation can be provided to those who suffered because of the fault of others. Hence, this act aims at preventing road accidents as well as serve as a legislative mechanism in case an unfortunate incident occurs. What is the Motor Vehicles Act, 1988? The first act to come into force for the regulation of road transport vehicles involved in accidents was the Motor Vehicles Act, 1914. This act was further replaced by the Motor Vehicl...

If you or a loved one were involved in a collision, you may need to file a car accident lawsuit. Before filing a personal injury claim, it is important to understand your rights, the legal requirements and timelines of an auto accident lawsuit to make sure you receive fair and complete compensation for property and personal damages. If you are seeking compensation from a vehicle accident, here is what you need to know as you decide whether to settle or sue. Every state has different laws and deadlines for how long you have to initiate legal proceedings following a car accident. This is known as the statute of limitations, which is the maximum timeline for how long parties involved have to go to court and get the lawsuit process started. This could be between one and six years, spending on your state’s laws. The deadline for filing a personal injury lawsuit is different from how long you have to file a claim with your insurance or a third party’s insurance for the accident. Most policies require that you file a claim within a reasonable time period. Check with your insurance company for details about your policy’s requirements. Many auto accident lawsuits are settled before a lawsuit is even filed, and most will settle prior to any court trial. There is usually an opportunity to settle the claim before you need to file a lawsuit. This can be advantageous to avoid high legal fees, the stress and the time required to pursue a trial and the risk of losing. However, if there ar...

On account of rapid development of road transport and increase in number of Motor Vehicles on road the accidents by Motor Vehicles have been increased enormously. About 450,000 accidents take place in India annually, of which 150,000 people die. “India has the highest number of casualties in road accidents,” said the report. “There are 53 road accidents in the country every hour and one death every four minutes.” In 1988 Motor Vehicle Act, 1988 was passed by the parliament of India. This act is responsible for covering all the aspects that are related to road transport vehicles. Furthermore, this act provided licensing to the conductors and the drivers as well as registration of motor vehicles. Also, traffic regulations, the provision on controlling the permit, penalties, and liabilities were covered under the Motor Vehicle Act ,1988. The Motor Vehicle Act 1988 The major objective of this act was to concentrate on the innocent people who are traveling on the road and can get affected by the drivers. The drivers of this motor vehicle were not held accountable for until this act. Thus, under the motor vehicle act, there was a provision for compensation for these helpless people on the road. The Act, 1988 further amended and No-Fault Compensation has been inserted in the Act, even though there is no fault on behalf of drivers of the vehicle. 140. Liability to pay compensation in certain cases on the principle of no fault.— (1) Where death or permanent disablement of any perso...

Allahabad High Court: Dr Kaushal Jyendra Thaker, J., decided an appeal with regard to the claim petition being filed beyond 6 months and the same being dismissed by the Motor Accident Claims Tribunal on the said ground in light of Section 166(3) of the Motor Vehicles Act as amended in 2019. The instant appeal was filed at the behest of claimants whose claim petition came to be dismissed by the Motor Accident Claims Tribunal holding it barred by limitation as the accident took place on 24-12-2019 and the petition was filed on 20-08-2010 (sic). The claim petition by MACT was dismissed on the ground of filing of the same beyond 6 months of the date when the accident took place. The above-stated claim was barred under provisions of Section 166 (3) of the Motor Vehicle Act as amended in 2019. It has been contended in the present appeal that the Tribunal mechanically held that amended Section 166 (3) of the MV Act subscribes a period of 6 months for filing claim petition and hence the matter could not be entertained. Appellants counsel submitted that question of law is involved in the present appeal and hence contended that the order of the Tribunal was passed against the settled principle of law. Further, it was submitted that the instant matter could be viewed from three angles: Extension of Limitation Period • The accident took place in December 2019, even if the assumption made by the Tribunal that Section 166 (3) had been notified and is made applicable is considered, six m...

If you or a loved one were involved in a collision, you may need to file a car accident lawsuit. Before filing a personal injury claim, it is important to understand your rights, the legal requirements and timelines of an auto accident lawsuit to make sure you receive fair and complete compensation for property and personal damages. If you are seeking compensation from a vehicle accident, here is what you need to know as you decide whether to settle or sue. Every state has different laws and deadlines for how long you have to initiate legal proceedings following a car accident. This is known as the statute of limitations, which is the maximum timeline for how long parties involved have to go to court and get the lawsuit process started. This could be between one and six years, spending on your state’s laws. The deadline for filing a personal injury lawsuit is different from how long you have to file a claim with your insurance or a third party’s insurance for the accident. Most policies require that you file a claim within a reasonable time period. Check with your insurance company for details about your policy’s requirements. Many auto accident lawsuits are settled before a lawsuit is even filed, and most will settle prior to any court trial. There is usually an opportunity to settle the claim before you need to file a lawsuit. This can be advantageous to avoid high legal fees, the stress and the time required to pursue a trial and the risk of losing. However, if there ar...