How To Claim Road Accident Compensation (Part 1)

By Source : Akosha

Published: Wednesday, July 6, 2011, 13:00 [IST]

India has one of the highest number of road accidents in the world. Though the term 'accident" implies that there is no one to blame, more often than not, accidents are caused by rash and negligent driving and therefore the law requires that the wrongdoer must compensate the victim for the loss suffered.

In India, we have separate machinery for dealing and to claim for compensation involving motor accidents. Separate forums called Motor Accidents Claims Tribunals (MACT) have been set up under Motor Vehicles Act, 1988 to claim for compensation involving motor accidents.

Nature of accidents covered

If the accident arising from the use of motor vehicle involves death or bodily injury or damage to property of any person, then a claim for road accident compensation can be made before the Claims Tribunal.

Procedure for claiming road accident compensation

An application claiming road accident compensation has to be made by the person who has sustained the injury or by the owner of the property which suffered damage or by the legal representative of the deceased or by an agent duly authorized by the injured person. The application has to be made before the Claims Tribunal and no civil court has the power to entertain any question relating to any claim for compensation.

The claimant has to prove rash and negligent driving on the part of the respondent in order to be entitled for compensation. Instances of negligent driving where road accident compensation has been awarded:

1.Overtaking without waiting for signal to overtake from the vehicle in front.

2.Infraction of traffic rules (not giving precedence to traffic moving uphill, not keeping to the proper side.

3.Overspeeding.

4.Negotiating curve without proper care (at high speed and on wrong side).

5.Striking the vehicle from behind.

If the victim was also negligent along with the respondent, then it is a case of contributory negligence. In such cases, the Tribunal will reduce the road accident compensation to such an extent as it seems just and equitable to it having regard to the “claim shared in the responsibility for the damages". Thus where a passenger in a bus was keeping his hand outside the window and the hand got injured because of the negligence of the driver the compensation entitled to the passenger will be reduced because the injury would not have occurred had he been careful in not putting his hands outside.

An application can be made to the tribunal under whose jurisdiction the claimant resides or carries on business or under whose jurisdiction the respondent resides or under whose jurisdiction the accident occurred. For example, where an accident occurs in Bangalore between a person residing in Delhi and a person residing in Bombay, an application can be made before the claims tribunal in Bangalore, or Delhi or Bombay.

As soon as information regarding an accident involving death or bodily injury is reported to the police station, the police officer is required to forward such report to the Claims Tribunal within 30 days and the Claims Tribunal considers such report as an application for compensation.

Have we missed out on anything? Have you gone through a similar experience? Share your experience with us at [email protected]