TORTS | Motor Accidents Claims

 Clause 165 empowers the State Government to constitute Claims Tribunals to adjudicate upon claims for compensation arising out of motor vehicle accidents, resulting in death or bodily injury to persons or damages to any property of third parties. Where railway and motor vehicle are both joint tort-feasors.

Which court have power to try matters under motor accident claims?

In the instant case, Section 110-C (2) of the Motor Vehicles Act expressly clothes the Motor Accidents Tribunal with all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses, etc., and Rule 20 enjoins on it to follow many of the material provisions

What is the procedure for accident case?

Step 1: Inform your insurance company about the accident and the extent of the damages to your vehicle. 

Step 2: File a First Information Report (FIR) at the local police station. 

Step 3: Submit required documents with the insurance company.

What is motor accident claims?

Motor Accident Claims Tribunals [MACT Courts] deal with claims relating to loss of life/property and injury cases resulting from Motor Accidents. The Claims are to be directly filed in the concerned Tribunal. MACT Courts are presided over by Judicial Officers from Delhi Higher Judicial Service.

What is MACT claim?

Motor Accident Claim Tribunal (MACT) is to credit the compensation amount/Interest on MACAD (Motor Accident Claim Annuity Deposit) awarded by a Tribunal/Court to victims/claimants of motor accident.

What happens when an accident claim goes to court?

Once the court have issued the proceedings the Defendant files a Defence; their formal response to your claim. The court then gives a timetable to the parties of how the claim will progress towards a Trial if settlement is still not reached.

Do accident claims go to court?

Although most cases do not make it to court, some do. They are usually cases that fall into one of four categories – complex cases, unresponsive defendants or insurers, cases whereby the defendant is denying liability, and cases where claimants are looking for interim payments.

What are the 5 steps of accident investigation?

The Five Stages of an Accident Investigation

1. Reporting.

2. Gathering information.

3. Analysing information.

4. Identifying risk control measures.

5. Action planning and implementing.

What can you claim for after an accident?

The insurers will request to see proof of the damage and receipts. You can claim for past and future medical expenses which can include the cost of purchasing over the counter painkillers, rehab costs such as physiotherapy and even the cost of surgery.

How long can I claim after an accident?

3 years

Time limits

You should get legal advice urgently if you want to claim compensation. The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.