A Detailed Guide on How to Claim Accident Compensation Through the MACT in India (2023)

Accident Compensation Through the MACT in India

Chapter 1: Introduction

Motor accidents are a common occurrence on Indian roads, and they often result in injuries, damages, and financial losses for the victims. To help accident victims get the compensation they deserve, the Motor Vehicles Act of 1988 established the Motor Accident Claim Tribunal (MACT). This legal forum enables victims to file claims for accident compensation and seek justice.

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)?

The Motor Accident Claim Tribunal (MACT) is a legal forum that was established under the Motor Vehicles Act, 1988, to adjudicate claims for compensation arising out of motor vehicle accidents. The MACT has the power to award compensation for injury, death, and property damage caused by motor vehicle accidents. The tribunal is responsible for determining the amount of compensation, based on the facts and circumstances of each case.

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

The first step in filing a claim for accident compensation is to file an FIR (First Information Report) with the police. The FIR should include details of the accident, including the time, location, and nature of the accident, as well as the names and contact details of the parties involved.

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

After filing an FIR, the next step is to file a claim petition with the MACT. The claim petition should include the details of the accident, the compensation amount being sought, and any supporting documents, such as medical reports and bills, vehicle repair bills, and wage loss certificates.

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

After filing a claim petition, the MACT will schedule a legal hearing, where both parties involved in the accident will present their cases. The victim or their legal representative should attend the hearing and present their evidence, such as medical reports, police reports, and witness statements, to support their claim for compensation.

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

After considering the evidence presented by both parties, the MACT will determine the compensation amount and issue an order. The compensation amount will be paid by the party or parties found responsible for the accident, such as the owner of the vehicle or their insurance company. If the owner of the vehicle has third-party insurance, the compensation amount will be paid by the insurance company.

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

To claim compensation through the MACT, the victim must prove that the accident was caused due to the negligence of the driver or the owner of the vehicle. This can be done by providing evidence such as eyewitness accounts, medical reports, police reports, and other relevant documents. The victim must also demonstrate that the accident caused them injury or resulted in financial losses.

You can file claim in one of the two cases:

Case 1.  Under section 163A : When there is No Fault of the Driver.

You will get the bare minimum compensation as prescribed in 2^nd 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

Here are tips for maximizing your legal compensation through the MACT:

Tip 1: Hire a Good Lawyer

The MACT process can be complex and confusing, so it is important to hire a good lawyer who specializes in motor accident claims. Your lawyer can help you gather evidence, file your claim, and present your case to the MACT.

Tip 2: Keep Records

Keep detailed records of all of the expenses you incur as a result of the accident, including medical bills, lost wages, and vehicle repair costs. These records can help you to calculate the amount of compensation you are entitled to, and they can also serve as evidence to support your claim.

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

Be prepared to answer questions from the MACT and the other parties involved in the accident. Practice your answers with your lawyer beforehand so that you can give clear and concise responses during the hearing.

 

Tip 4: Be Honest and Accurate

Be honest and accurate in your testimony about the circumstances surrounding the accident. If you are caught lying or exaggerating, it can damage your case and reduce the amount of compensation you receive.

Tip 5: Be Patient

The MACT process can take time, so be patient and don't give up. Keep in touch with your lawyer and attend all of the hearings as required.

Tip 6: Don't Settle for Less

If the other parties involved in the accident offer to settle the case outside of court, be cautious. They may offer you a lower amount of compensation than you are entitled to. Consult with your lawyer before accepting any settlement offers.

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.

It is important to remember that claiming accident compensation through the MACT can be a complex process, and it is recommended to seek the assistance of a qualified lawyer. With proper guidance and representation, victims can receive the compensation they deserve and move on from the accident.

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