MACT Disputes

Who can claim compensation?

Section 166 of the Motor Vehicles Act,1988 states that compensation can be claimed by the following;

• The person who has sustained an injury.
• The owner of the damaged property.
• Any or all legal representatives of the victim who died in the accident.
• Any or all of the legal representatives of the person who was killed in the accident, or the lawfully appointed agent of the injured person.

How can the compensation be claimed?

A victim of an accident arising out of use of motor vehicles may file their claim application to the Motor Accident Claims Tribunal (M.A.C.T.) within local limits of whose jurisdiction the claimant resides or carries on business.

When can be the compensation be claimed?

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.’

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.

Skandia Insurance Co. Ltd. v. Kokilaben Chandra Vadan( AIR 1987 SC 1184)- In this case the driver had no driving licence when he met an accident with the motor vehicle he was driving. The right of compensation of victim is not affected by the fact that motor vehicle was driven by a man who was not having driving license to do so. Even if the insurance policy mentions something contrary to this rule.

‘If the vehicle is not insured any legal liability arising on account of third party risk will have to be borne by the owner of the vehicle.’ ( Iyyapan vs M/s United India Insurance Co. Ltd. and another ,2013)

We here at Chaklan and Associates, provide assistance in making your grievances less painful, by fighting your legal battle by claiming compensation for any injury/loss.