Road accident
saisharan
(Querist) 09 September 2016
This query is : Resolved
Hello Sir/Madam
In Last Feb-20, My Father got seviour Injured and with that accident he faced 2 major surjeries in his stomuch, so we filed fir on car owner also and for his car (3rd Party Insurance is there). and we given the entire case to lawyer also but many times we are asking about the period to claim an amount but he is not saying correct period, so please tell me about the complete procedure to claim a amount.
Ms.Usha Kapoor
(Expert) 10 September 2016
The following Procedure you'll've to follow while claiming compensation i Motor Accident claims Tribunal both against the Owner and 3rd Party Insurer.
or Vehicles Act,19883 (from now on referred to as ‘the Act’)
• This Act is a comprehensive legislation with the purpose of enhancing road safety.
• It also serves the purpose of welfare legislation by providing for compensation in case of loss of life or limb because of accidents by motor vehicles.4
• Section 2(30) of the Act defines who is the ‘owner’. “Owner” is-
o a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and
o in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement
• In Chapter II of the Act(LICENSING OF DRIVING OF MOTOR VEHICLES) various provisions discuss the qualification, disqualification, grant, cancellation of driving licences. The Act makes it compulsory for the driver to have driving licence (Section 3).The Act prescribes minimum age for holding a driving licence(Section 4).The Act asks for maintaining of registers for Driving Licence by the State Governments(Section 26).
• Chapter IV of the Act(REGISTRATION OF MOTOR VEHICLES) lays down provisions for registration of motor vehicles, cancellation of registration, renewal of registrations, transfers Under the Act registration of Motor Vehicle is compulsory(Section 39).
• Chapter VIII of the Act(Control of Traffic) achieves the purpose of controlling traffic by putting a limit to the maximum permissible speed of motor vehicle(Section 112),by putting a limit on weight and limitation of use (Section 113),by laying provisions for traffic lights, parking places, halting stations, signals, signalling devices and other driving regulations.
• Chapter IX of the Act (INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS) lays down provisions which makes it compulsory to have insurance of a motor vehicle against third party risk# (Section 146).Other provision of this chapter discuss the limit on liability and other requirements of the insurance policy.
• Chapter X of the Act(LIABILITY WITHOUT FAULT IN CERTAIN CASES) elaborates on cases where accident causes death or permanent disability. In such cases the victim has right to compensation even if there was no fault of the defendant.(Section 140). The principle laid down by Section 140 is termed as ‘no fault liability’.
• Chapter XII of the Act(CLAIMS TRIBUNAL) gives us the compositions, powers, appellate and procedures of the Motor Accidents Claims Tribunal.
• Chapter XIII of the Act lays down provisions regarding offences arising in contravention of this Act and procedure and penalty for the same.
# Third Party Risk-The expression ‘third party risk’ is used because the Claimant is the third party as he is neither First Party i.e. the Insurer(the Insurance Company) nor he is Second Party i.e. the Insured(Owner of the Motor Vehicle).
Motor Accidents Claims Tribunal (referred as ‘Claims Tribunal’ in this article)
• Motor Accidents Claims Tribunal has been created by the Motor Vehicles Act, 1988.It has been constituted to provide speedier remedy to the victims of accident by motor vehicles.
• The Tribunals takes away jurisdiction of Civil Courts in the matters which concerns the Motor Accidents Claims Tribunal.
• A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals for such area as may be specified in the (Section 165).’
• It is for the State Government to decide the number of members of a Claims Tribunal. If there are two or more members then one has to appointed as Chairman(Section 165). ‘A person shall not be qualified for appointment as a member of a Claims Tribunal unless he –
(a) is, or has been, a Judge of a High Court, or
(b) is, or has been, a District Judge, or
(c) is qualified for appointment as a High Court Judge or as a District Judge.’ 8
• Appeals from Claims Tribunal lies with High Courts. The appeal is limited by time and has to be filed in the High Court within 90 days from the date of award of Claims Tribunal. ‘The High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.’ (Section 173)
When can compensation be claimed
Limitation-There is no time limit for filing motor vehicle accidents claim. But an unusual delay will demand an explanation by the Tribunal.
According to Section 165 of the Motor Vehicles Act,1988 – ‘claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both.’5
In other words, the Tribunal can adjudicate upon claims for compensation –
1. When the accident involves death of the person, or bodily injury to the person; or damage to any property of the third party; or both.
2. When the accident arises out of the use of motor vehicle
Who can claim the Compensation
According to Section 166 of the Motor Vehicles Act,1988 6 ,compensation can be claimed –
1. By the person who has sustained injury;
2. By the owner of the damaged property;
3. By all or any legal representative of the deceased who died in the accident;
4. By duly authorised agent of the injured person or all or any of the legal representatives of the deceased who died in the accident.
How and Where can compensation be claimed
Claim Petition can be filed –
• to the Claims Tribunal having jurisdiction over the area in which the accident occurred or,
• to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides, or carries on business or,
• within the local limits of whose jurisdiction the defendant resides12
Here is the prescribed format of the Claims Petition by Courts of Delhi and documents required while filing Claim Petition 7
http://delhicourts.nic.in/Accident_Claim_Petition.htm
Insurer
Insurer is also a party to the Claims case. Section 146 of the Act makes it compulsory for the owner of the vehicle to get his vehicle insured against third party risk. The expression ‘third party risk’ is used because the Claimant is the third party as he is neither First Party i.e. the Insurer(the Insurance Company) nor he is Second Party i.e. the Insured(Owner of the Motor Vehicle).
Insurance has been made compulsory and non-compliance with Section 146 has been made punishable with imprisonment, or fine, or both(Section 196).Primary object of compulsory insurance of motor vehicle is for the benefit and monetary security of the victim.
‘No Fault Liability’
Chapter X of the Act deal with such cases. It imposes no fault liability on the owner of the motor vehicle. Though such liability arises only in the case of accidents which leads to death or permanent disability of the victim.
‘no fault liability’-Section 140 of the Act lays down the principle of no fault liability. According to this principle the liability of paying compensation is imposed on the owner of the motor vehicles even if no fault exists in relation to the accident being examined by the court.
The compensation to be paid in case of no fault liability is(Section 140(2))-
• Rs 50000 in case of Death.
Rs 25000 in case of permanent disablement
Raj Kumar Makkad
(Expert) 10 September 2016
None can anticipate about exact period so is with your lawyer. Generally 2-3 years time is consumed to get the award, however, it depends upon various factors.
Raj Kumar Makkad
(Expert) 10 September 2016
@Usha Kapoor! what is the relevance of the unnecessary details you provided with the small and simple query?
Ms.Usha Kapoor
(Expert) 11 September 2016
Dear Mr.Makkad,
The client requested for complete procedure to file Motor Accident claim procedure in the tribunal and so I'd to give so much information.
Raj Kumar Makkad
(Expert) 13 September 2016
First of all, none is client here. The querist or author of the query is not our client. Secondly, a layman may ask anything but we exerts have to judge what to provide and what to leave for his lawyer.
A layman cannot understand lengthy procedure of the implementation of legal provision. He requires in simple language the hope in his case except in some special cases.
Rajendra K Goyal
(Expert) 21 September 2016
Court proceedings take time, if not cooperating, change your lawyer.
saisharan
(Querist) 05 October 2016
is there choice to change my lawyer in this case?
Rajendra K Goyal
(Expert) 05 October 2016
Client can change his lawyer if not satisfied.
