MACT

What is MACT?

Motor Accidents Claims Tribunal (MACT) created by the Motor Vehicles Act, of 1988, is a specialized court that hears cases involving car crashes in which the injured or the dependents of the deceased file claims for damages against the driver, the owner of the car and the insurance company in question. It deals with instances involving injuries, property damage, and/or wrongful death claims resulting from motor vehicle accidents. The Tribunals remove the Civil Courts’ authority in cases involving the Motor Accidents Claims Tribunal. High Courts hear appeals from the Claims Tribunal. The appeal has a 90-day window from the date of the Claims Tribunal’s award in which to be filed in the High Court.

What Liability Does Law Mandate Under MACT?

The owner of a vehicle is held legally responsible for any harm or damage to a third party’s life or property that results from the usage of a vehicle under the Liability Only Policy, often known as Third Party Insurance. According to the legislation, it is a violation to drive in public locations without third-party insurance. The objective of third-party insurance is to pay for the harm caused by the insured party’s vehicle to another person’s body, car, or property; as a result, the damaged third party is the policy’s intended beneficiary.

Bounced Cheque

What Is a Third-Party Claim?

When another person’s body, property, or vehicle is damaged or injured as a result of an accident, this is known as a third-party claim. In circumstances where your car was either the cause of the accident or was involved in one, you must make sure the incident is reported to the police, your insurance provider, and any other parties involved as quickly as possible. When you are a victim in a collision with another person’s vehicle, you must get the details of that vehicle (owner, registration number, insurance company, etc.) and notify the police and the insurer of that vehicle. A third party may make a claim under third-party insurance for damages such as injury, death, and loss. The third party may submit a claim at the Motor Accidents Claims Tribunal (MACT) against the vehicle owner, driver, and insurer.

  • In the event of an injury, medical costs lost wages, and compensation for any physical disfigurement, etc can be claimed by the victim.
  • The victim may claim disfigurement, among other things. The dependents of the deceased might claim compensation in the event of death based on things like medical costs, lost income, loss of consortium, love and affection, funeral costs, etc.
  • A surveyor’s report the original invoices from any authorized garage, and a motor vehicle inspection report are needed to determine the loss when there is property damage.

Who Can File a Claim Petition in The MACT?

According to Section-173; if the appellant was prohibited by sufficient cause from filing the appeal in time, the High Court may nonetheless consider the appeal after the stipulated ninety-day term has passed. There is no time limit for filing a motor vehicle accident claim. However, an unusual delay might demand an explanation from the Tribunal

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.

What Are the Basic Steps to Follow While Filing a Claim Petition?

The procedure’s first step is to report the accident to the police in order to receive a charge sheet. After that, the criminal aspect of the offense will begin. This is the most important phase as the charge sheet and the investigation report that is produced here will be used as evidence in the MACT.

The next step is to contact a lawyer to file the Claim Petition in the Motor Accident Claims Tribunal.

One can file a claim Petition in the following ways;

  • To the Claims Tribunal who’s having jurisdiction over the location in which the accident occurred.
  • To the Claims Tribunal within the local limits of whose jurisdiction the defendant resides, or conducts a business, or, where the claimant resides or carries out a business.

The following documents should accompany the Claim petition: -

  1. Copy of the FIR filled in connection with the said accident (if any).
  2. Copy of the Death Report/ Post Mortem Report/MLC/ as applicable.
  3. The records prove the claimant’s identity and also the identity of the deceased in a death case.
  4. Original receipts for the cost incurred on the treatment as well as the treatment records.
  5. Records of the deceased’s educational background, (if any).
  6. in an injury case, a disability certificate is required, if one has already obtained it.
  7. The deceased or injured person’s proof of income.
  8. Records pertaining to the age of the victim.
  9. The third-party insurance policies cover notes, if any.
  10. An affidavit that elaborates the relationship of the claimants with the deceased.

Steps to Take in The Event of a Hit-and-Run Case?

Since it is impossible to determine whose motor vehicle caused the collision, the law has set the procedures to safeguard the victim’s rights: HIT AND RUN. A special Solatium Fund to which the General Insurance Companies make contributions to. An application needs to be provided by the victims, their legal representatives, or dependents, to the Claims Enquiry Officer of the Sub-Division or Taluka in where the accident occurred. The claims must be processed and approved for payment following the proper procedure inquiry.

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