CLAIMS TRIBUNAL UNDER THE MOTOR VEHICLES ACT

The Motor Vehicles Act of 1988 in India was designed to ensure safer driving practices and proper compensation for victims of accidents on the road. One of the key features of the Act is the establishment of Claims Tribunals, which are designed to help accident victims receive financial compensation for the injuries and losses suffered by them and to provide speedier remedies to the victims of accidents by motor vehicles.

?

What is a Claims Tribunal?

A Claims Tribunal is a judicial body that is responsible for resolving disputes related to motor vehicle accidents. These tribunals are established under the Motor Vehicles Act under Chapter II in Section 165 and have the power to decide on compensation claims arising out of motor vehicle accidents. Before the formation of the Claims Tribunal, a Claim for compensation had to be filed in the Civil Courts along with an ad valorem court fee. Due to the backlog of cases in the civil courts, it was difficult for the victims to receive compensation on time. Moreover, they were further discouraged from filing for compensation since they had to pay court fees. Keeping in view the difficulties faced by the victims, the Claims Tribunal were constituted, which replaced the civil courts to provide speedy trial related to motor accident cases. The Claims Tribunal is responsible for assessing how much compensation should be granted to the victim or their relatives.

?

Who can claim compensation before Claims Tribunal?

Section 166 of the Motor Vehicles Act, 1988 states that a person who has himself sustained injury or owns the property or he is the legal representative of the deceased who died in the motor accident or he is the agent authorized by the injured person, or by the legal representatives of the deceased, as the case may be- file for compensation under the Motor Vehicles Act.

?

Where can the claim for compensation be filed?

The application for compensation can be filed either at the Claims Tribunal of the area?where the claimant resides or carries out business or where the accident occurred, or where the defendant resides.

?

When can a claim for compensation be filed?

The claim for compensation under Section 166 of the Motor Vehicles Act may be filed within, but not later than, six months from the date of accident.

?

?

What is the procedure for filing a claim with the Claims Tribunal?

The application for claim of compensation must include details of the accident, such as the date, time, and location of the accident, and a description of the injuries suffered and the financial losses incurred as a result of the accident. The application should be accompanied with relevant documents, such as medical records, police reports, and receipts for expenses incurred as a result of the accident.

?

The documents which needs to be filed along with the application for compensation are listed below:

?

1. Copy of the FIR registered in connection with said accident, if any.?

2. Copy of the MLC/Post Mortem Report/Death Report as the case may be.?

3. The documents of the identity of the claimants and of the deceased in a death case.

4. Original bills of expenses incurred on the treatment alongwith treatment record.?

5. Documents of the educational qualifications of the deceased, if any.?

6. Disability Certificate, if already obtained, in an injury case.?

7. The proof of income of the deceased/injured.?

8. Documents about the age of the victim.

9. The cover note of the third-party insurance policy, if any.?

10. An affidavit detailing the relationship of the claimants with the deceased.

?

Once an application is filed, the Claims Tribunal will issue notice to the parties involved, including the insurer or owner and driver of the motor vehicle involved in the accident. Parties are given a chance to prove their stands. After hearing both parties, the Claims Tribunal will then hold an inquiry into the claims. If the Claims Tribunal finds any validity in the claim, it will then pass an award determining the amount of compensation in favour of the victim/injured to be paid by the insurer or owner or driver of the motor vehicle who was involved in the accident or by all of them.

?

According to Section 168 (3), the person who is responsible for paying the compensation shall deposit the whole sum awarded within thirty days from the date of the Claims Tribunal's declaration of the award in such way as the Claims Tribunal may order.

?

Appeal from the Award by the Claims Tribunal

According to Section 173(1), any person who is not satisfied with the award of the Claims Tribunal may move the High Court to file an appeal against the same. However, the appeal can be made only when the appellant submits either twenty-five thousand rupees or fifty per cent of the amount so awarded, whichever is less, in the manner directed by the High Court. No appeal shall be entertained by the High Court after the expiry of the 90 days period from the date of the award unless sufficient cause is shown on the part of the appellant that he was prevented from filing the said appeal.

If the amount of the dispute in the appeal is less than Rupees One Lakh, no appeal shall lie against the award of the Claims Tribunal.

?

Conclusion

The Motor Accident Claims Tribunals play a crucial role in relieving motor vehicle accident victims. The establishment of MACTs ensures that accident victims have access to a legal remedy to seek compensation for their injuries and losses. The MACTs provide a simple and effective mechanism to resolve disputes arising from motor vehicle accidents. It is essential for the claimants to approach the MACTs in a timely manner and provide all necessary evidence to support their claims. The effective functioning of MACTs can go a long way in reducing the burden on the civil courts and ensuring speedy justice to the victims of motor vehicle accidents.