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What Is The Procedure Of Motor Accident Claim

  • Writer: leadindia400
    leadindia400
  • Dec 27, 2024
  • 3 min read

The Establishment Of A Specialized Form Known As Motor Accident Claims Tribunals Was One Of The Major Innovations Brought About By The Motor Vehicles Act Of 1988. These Tribunals Took The Place Of The Conventional Civil Courts And Were Created To Provide Victims Of Auto Accidents With Quicker And More Cost-Effective Remedies.


To Obtain Damages In The Past, One Had To File A Lawsuit In A Civil Court And Pay A Filing Fee Determined By The Value Of The Claim. By Enabling People To File Compensation Claims With The Claims Tribunal Directly, The Motor Vehicle Act, However, Altered This. The Necessity Of The Ad Valorem Court Fee Is Eliminated By This New Clause.


These Tribunals Settle Disputes Through A Streamlined Procedure. They Place More Emphasis On The Procedural Aspects Of Liability Than They Do On The Legal Nuances. To Determine Liability, People Still Need To Refer To The Basic Tort Law Principles As Well As Applicable Statutes Like The Fatal Accident Act Of 1855 Or Similar Frameworks.


Restitution For Motor Vehicle Accident Victims


Any Fair Justice System Must Have Effective And Timely Legal Procedures. Unfortunately, There Is Currently Insufficient Justice System For Cases Filed With The Motor Accident Claims Tribunal (Mact). For Example, Let's Say Someone Driving A Brand-New Mercedes Gets Into A Deadly Collision With Some Pedestrians On The Way Back From A Hunting Trip.


In This Case, There Are Two Important Factors To Think About: -

  • First, There Is The Matter Of Committing A Criminal Offense.

  • The Second Is Filing A Compensation Claim.


How Should An Accident Be Handled?


  • When Someone Complains, The Local Police Either Register A Case Or Decide To Investigate On Their Own. (F.I.R. Registration).


1. For This: Photos Or Videos Of The Accident Scene Should Be Taken To Have Photographic Or Even Video Evidence Later On. This Can Be Done By Anyone, Even A Bystander, Who Can Then Give The Police The Images Or Videos To Aid In Their Investigation And The Administration Of Justice.

2. Nonetheless, They Ought To Make A Call To The Police Hotline At 100 And Explain The Circumstances In A Cool, Collected Manner.

3. Everything Said During This Call Is Recorded And May Be Submitted As Proof In The Future.


  • Police Must Then File An Fir, Conduct An Investigation, And File Charges Against The Defendant. The Legal System Will Then Start Operating On Its Own.

  • Legal Nuances Surrounding The Mact Tribunal's Demand For Appropriate Compensation.


Who Is Eligible For Compensation In Automobile Accidents?


One May File A Claim Under Section 165 (Compensation Claim).

  • By The Individual Who Suffered The Harm.

  • By The Owner Of The Property Where The Car Accident Resulted In Death.

  • By All Or Any Of The Departed Person's Legal Representatives.

  • By Any Agent Duly Appointed By The Injured Party Or By All Or Any Of The Departed Party's Solicitors, If Applicable.


Procedure Of Motor Accident Claim


The Following Is Required By The Procedure:

  • All Applications Must Be Made, At The Claimant's Discretion, To The Claims Tribunal, Which Has Jurisdiction Over The Region Where The Accident Happened.

  • (Situation Of Accident) Alternatively, To The Claims Tribunal Operating Within The Local Boundaries Of The Claimant's Residence (Closest Tribunal To Victim) Or Place Of Business.

  • Or Inside The Boundaries Of The Local Authority Over Which The Accused Person Resides Then Application Should Be Made To The Nearest Tribunal. 


Drivers In The Event Of A Motor Vehicle Accident: No-Fault Liability


If A Motor Vehicle Accident Results In Someone's Death Or Permanent Disability, The Owner Of The Vehicle Or Owners Of The Vehicles Will Be Responsible For Paying Road Accident Compensation For That Person's Death Or Disability.


The Minimum Amount That Must Be Paid In The Event Of A Death Is Inr 50,000/-, And In The Event Of A Disability, It Is Inr 25,000/-. This Minimum Amount Is Subject To Any Additional Compensation That The Tribunal May Decide To Award Following Section 163a.

It Is Assumed That A Victim Does Not Need To Provide Evidence Of The Other Party's Negligence. The Victim Doesn't Need To Prove Or Plead That The Owner(S) Of The Vehicle(S) In Question, Or Any Other Person, Committed A Wrong, Neglected, Or Defaulted, Resulting In The Death Or Long-Term Incapacity For Which Compensation Is Sought.


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