Motor Accidents
The Practice
The law mandates the Liability Only Policy also known to be Third Party Insurance wherein the owner of a vehicle is legally liable for any injury or damage to third party life or property which arises from the use of a vehicle. The law states that driving without third party insurance cover in public places is a punishable offence. Third-party insurance aims to cover the damage done by the vehicle of the insured to the other individual or their vehicle or property, which means that the injured third party is the beneficiary of third party insurance.
What Is A Third Party Claim?
A third party claim is when due to an accident damage or injury is caused to another's vehicle, body or property. In an accident, where your vehicle either caused the accident or was involved in an accident, you must ensure that the accident is reported immediately to the police authorities and your insurance company. When you are a victim of an accident with somebody else’s vehicle, the details of that vehicle (owner, registration number, insurance company etc) must be obtained and intimation must be made to the police as well as the insurer of that vehicle. Under third party insurance, a third party can file a claim for compensation for injury, death and property damage caused. A third party may file a claim with the Motor Accidents Claims Tribunal (MACT) against the vehicle owner, driver and insurer.
- In case of injury, medical expenses, loss of earnings if any, compensation for any physical disfigurement etc can be claimed by the victim.
- In case of death, the dependents of the deceased can apply for the compensation on the basis of the medical expenses, income loss, loss of consortium, love and affection, funeral expenses etc.
- Where there is property damage, a surveyor's report, original bills from any authorized garage and motor vehicle inspection report are required to quantify the loss
What Is MACT?
Motor Accidents Claims Tribunal (MACT) is a special court which deals with matters arising out of the motor accidents wherein the victims or the dependents of the deceased file for compensation against the owner of the vehicle, driver and the concerned insurance company. Thus, MACT deal with claims relating to loss of life and/ or property and injury cases that result from Motor Accidents.
Who Can File A Claim Petition In The MACT?
A Claim Petition may be filed in the MACT by the victim himself or through an advocate, the legal dependent of the deceased or the owner of the damaged vehicle, as the case may be.
What Is The Territorial Jurisdiction Of MACT?
The law states that a claim petition may be filed either with the Claims Tribunal having jurisdiction over the area in which the accident occurred or within whose local limits the claimant resides or within the local limits where the defendant resides.
What Are The Basic Steps To Follow While Filing A Claim Petition?
The process has to begin with the filing of an FIR with the police regarding the accident and obtaining a charge sheet. This will initiate the criminal facet of the offence. The charge sheet along with the investigation report that develops here shall serve as evidence in the MACT, making this an essential step.
It is then necessary to contact a lawyer to file the Claim Petition with the Motor Accident Claims Tribunal.
What Is The Principle Of Liability To Pay Compensation Upon No Liability?
Additionally, the law mandates compensation in cases where death or permanent disability can result from an incident involving the operation of a motor vehicle without fault on the part of the driver/owner. As per the law, the owner/s shall jointly and severally pay compensation.
A separate application has to be filed along with the original claim for the above purpose.
What Are The Documents To Be Filed Along With The Claim Petition?
- Copy of the FIR registered for the said accident.
- Copy of Post Mortem Report, Death Report or MLC, as the case may be.
- Age proof of the victim
- Documents of the identity of the claimants and the relation with the deceased in a death case.
- Original bills of expenses incurred on the treatment and the treatment record.
- Proof of income and educational qualifications of the injured/ deceased.
- Disability Certificate etc.
What Steps To Take In Event Of A Hit And Run Case?
The law has devised provisions to protect the rights of road accident victims when the identity of the motor vehicle causing the accident cannot be established: HIT AND RUN. The Solatium Fund is a special fund to which general insurance companies contribute. The victims, their legal representatives, or dependents have to make an application to the Claims Enquiry Officer of the Sub-Division or Taluka in which the accident happened. Claims shall be processed and sanctioned for payment after the appropriate procedures are followed.
What Do We Help You With?
- We will assist you to in the filing of the Claim Petition and the required documents in the court of proper jurisdiction.
- A case manager shall be assigned to you who will be your point of contact during the entire period of the trial.
- At every stage of the trial, till its finality, you shall be notified of the updates of the case.
- We shall keep track of the lawyer assigned to you so that you face no troubles.