Accident Compensation Through the MACT in India
Chapter 1: Introduction
In this
blog post, I’ll provide a detailed guide on how to claim accident compensation
through the MACT in India, with examples and practical tips.
Chapter 2: What is the Motor Accident Claim Tribunal (MACT)?
Chapter 3: Who Can Claim Accident Compensation through the MACT?
Accident
compensation can be claimed by victims or their legal representatives,
including:
1. The victim of the accident
2. The legal heirs of the deceased
victim
3. The owner of the vehicle
involved in the accident
4. The driver of the vehicle
involved in the accident
5. Any other person who has
suffered injury or property damage in the accident
Chapter 4: How to Claim Accident Compensation through the MACT?
To claim
accident compensation through the MACT, follow these steps:
Step 1: File an FIR
For
example, let's say that Mr. Sanchit Singh was driving his car on a busy road when he
was hit by a truck. Mr. Singh suffered injuries in the accident, and his car was damaged. He should immediately file an FIR with the police, giving details
of the accident, such as the time and location, and the names and contact
details of the truck driver and witnesses.
Step 2: File a Claim Petition
For example, in the case of Mr. Singh, he should file a claim petition with the MACT, stating that he suffered injuries and his car was damaged in the accident, and that he is seeking compensation of Rs. 15 lakhs. He should attach supporting documents, such as medical reports and bills, car repair bills, and wage loss certificates.
Calculation of damage: The damage can be given in two ways pecuniary damages and non-pecuniary damages.
Step 3: Attend the Legal Hearing
For
example, in the case of Mr. Singh, he should attend the legal hearing and
present his evidence, such as medical reports, police reports, and witness
statements, to support his claim for Rs. 15 lakhs in compensation.
Step 4:
Receive the Compensation Amount
For example, if the MACT finds that the truck driver was responsible for the accident and awards compensation of Rs. 15 lakhs to Mr. Singh, the compensation amount will be paid by the truck driver's insurance company.
Proof of Negligence in MACT Claim
Case 1. Under section 163A : When there is No Fault of the
Driver.
You will get the bare minimum compensation as prescribed in 2nd schedule
of the MACT act. The accident must have happened, else there is no claim in
both cases.
Case 2. U/S 166 : When there is Fault of the Driver.
In such cases, the FIR is compulsorily registered. The compensation is
usually more as per earning potential of claimant, dead or
alive. The claim can be of injuries as well as damaged vehicles. The
Act provides remedy for them, but proof of negligence is a must and
witnesses to support your version.
The petition can’t be filed under both the sections simultaneously.
Therefore, the claimant must be aware of process of claiming
compensation from the MACT.
If
dissatisfied, an appeal can be filed against the order of Tribunal within 60
days. The claimant can also file for enhancement of the claim.
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Chapter 5:
Tips for Claiming Accident Compensation through the MACT
Tip 1: Hire a Good Lawyer
Tip 2: Keep Records
Documents along with Claim Petition
should be:
1. Copy of FIR.
2. Copy of Post Mortem Report/
Death Report/ Injury Report.
3. Document of identification
of victim.
4. Bills incurred by victim.
5. Disability Certificate.
6. Proof of Income.
7. Birth certificate or
document to determine age.
8. Insurance policy document.
9. Document telling
relationship of claimant and deceased.
Tip 3: Be Prepared
Tip
4: Be Honest and Accurate
Tip 5: Be Patient
Tip
6: Don't Settle for Less
EXAMPLE
In 2018, a man named Rajesh was involved in a road accident when a speeding truck collided with his motorbike. He suffered multiple injuries and was hospitalized for several months. Rajesh was the sole breadwinner of his family and had to take a long break from work to recover from his injuries. He incurred significant medical expenses and lost income during this period.
Rajesh filed a claim petition through the MACT seeking compensation for his injuries and losses. The MACT conducted a series of hearings and collected evidence from both parties involved in the accident. Based on the evidence presented, the MACT found that the truck driver was responsible for the accident and awarded compensation of Rs. 10 lakhs to Rajesh.
The compensation amount was paid by the insurance company of the truck driver, as the truck had third-party insurance. The compensation helped Rajesh cover his medical expenses and lost income, and provided some relief to his family during a difficult time.
This example highlights the importance of filing a claim petition through the MACT and seeking compensation for the losses incurred in an accident. Without the compensation, Rajesh and his family would have struggled to cover the medical expenses and lost income.
It is important to note that each accident case is
unique and the compensation awarded may vary based on the severity of the
injuries, the extent of the damages, and other factors. However, by following
the process outlined in this blog post and seeking the assistance of a
qualified lawyer, accident victims can increase their chances of receiving fair
compensation for their losses.
Chapter 7: Conclusion
Motor accidents can have a devastating impact on the lives of the victims and their families. However, the Motor Accident Claim Tribunal (MACT) provides a means of seeking justice and compensation for the losses incurred in an accident. By following the steps outlined in this blog post, victims can file a claim petition and seek justice through the MACT.
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