Introduction
Motor Accidents Claims Tribunal (MACT) is a specialised court that handles cases resulting from automotive accidents in which victims or the surviving family members of the deceased make claims for compensation against the driver, the owner of the vehicle, and the insurance company in question. As a result, MACT handles claims involving injuries, property damage, and/or loss of life resulting from motor accidents.
What Liability Is Required by Law Under MACT?
The Liability Only Policy, sometimes called Third Party Insurance, is required by law. Under this policy, the owner of a vehicle is held legally responsible for any harm or damage to another person’s life or property that results from using their car. According to the legislation, it is illegal to drive in public locations without third-party insurance. The injured third party is the beneficiary of the third-party insurance since it seeks to compensate for harm caused by the insured’s vehicle to another person’s body, car, or property.
A Third-Party Claim: What Is It?
The policyholder has two options for filing claims in the event of an auto accident: individual damage claims and third-party claims. The stages to filing a claim following an accident are as follows:
When a third-party vehicle causes damage or harm to you or your car, you have the option to file a third-party claim against the owner of the other vehicle. In this situation, you are entitled to reimbursement for your medical costs as well as damages for property damage, personal injury, and lost wages if the accident prevents you from working. If there is any compensation for death, it can also be sought.
On the other hand, your insurance will pay for the losses, injuries, and deaths you cause to the other party in the event of an accident in which your automobile collides with another vehicle and causes damage to a third-party vehicle. A third party may make a claim under the third-party insurance to get paid for harm, death, and property damage. at order to pursue a claim, a third person may bring legal action against the driver, the insurer, and the owner of the vehicle at the Motor Accidents Claims Tribunal (MACT).
- In the event of an injury, the victim may be entitled to reimbursement for medical costs, lost wages, compensation for any physical disfigurement, etc.
- When a person passes away, their dependents may be eligible for benefits based on things like funeral costs, lost wages, loss of companionship, medical costs, and love and affection.
- Original invoices from any authorised garage, a surveyor’s report, and a motor vehicle inspection report are needed to determine the extent of any property damage.
Who Can File A Claim Petition In The MACT?
The victim may file a claim petition at the MACT directly, through an advocate, the deceased’s legal dependent, or the owner of the damaged car, if applicable.
What Is The Territorial Jurisdiction Of MACT?
If a motor vehicle accident occurs, the victim may file a claim application with the Motor Accident Claims Tribunal (M.A.C.T.) within the local jurisdiction in where they reside or conduct business.
What Are Procedures For Filing A Petition For Claim?
Obtaining a charge sheet and filing a formal police report about the accident must be the first steps in the procedure. This will start the offense’s criminal aspect. This is a crucial stage since the charge sheet and the investigation report that is created here will be used as proof in the MACT.
What Is the Liability To Pay Compensation Even When There Is No Liability Principle?
The legislation also establishes the obligation to compensate victims of accidents involving motor vehicles that were not caused by the owner or driver’s negligence and resulting in death or permanent disability. In this case, the owner or owners jointly and severally must pay the legally-fixed compensation.
Which Documents Must Be Submitted with The Petition for Claim?
- A copy of the accident-related FIR that was filed.
- A copy of the MLC, death report, or post-mortem report, if applicable.
- Age proof of the victim
- Documents proving the claimants’ identities and their relationship to the deceased in a case involving death.
- Original receipts for all costs associated with the treatment, as well as the treatment log.
- Evidence of the wounded person’s income and educational background, if applicable.
- Certificate of Disability, etc.
Conclusion:
Understanding the motor vehicle claim and case procedure is essential for individuals navigating the aftermath of an accident. Timely reporting, cooperation with insurance companies, and, if necessary, seeking legal advice are key steps in ensuring a fair and just resolution. By being informed and proactive, individuals can better protect their rights and interests in the complex landscape of motor vehicle claims.
We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services related to law matters in India, please do not hesitate to contact us. We are here to provide you with expert legal counsel and representation tailored to your specific needs and concerns.
Written by: Avichal Singhal Adv.