Road accident compensation claim i

1. Road Accident Compensation Claim
(Part - 1)
- Ayushma Sharma

2. Road Accident Claim Compensation
➢ Motor Vehicles Act, 1988
➢ Motor Accident Claim Tribunal
➢ Claiming Procedure in Motor Vehicles Act, 1988

3. Motor Vehicles Act, 1988
● It is an Act that covers all the aspects of road transport vehicles and ensures the welfare of the public
after they meet with an accident.
● Chapter II of the Act deals with the ‘Licensing of Driver of Motor Vehicles’.
● Chapter III deals with the ‘Licensing of Conductors of State Carriages’.
● Chapter IV of the Act covers ‘Registration of Motor Vehicles’.
● ‘Liability without Fault in Certain Cases’ comes under Chapter X of the Act.
● Chapter XI covers ‘Insurance of Motor Vehicles Against Third Party Risks’.
● Chapter XII tells about the ‘Claims Tribunal’.
● Chapter XIII deals with the ‘Offences, Penalties and Procedure’.

4. Motor Accident Claim Tribunal
● Motor Accident Claim Tribunal is a tribunal established for the cases falling under the Motor Vehicles Act, 1988. The main
purpose of the Claims Tribunal is to ensure speedy trial of cases and that justice is being delivered.
● The claimant should apply to claim within a reasonable period.
● According to Section 173, the appeals against the Claims Tribunals will lie before the High Courts. The appeals will have to be
filed within 90 days from the date of the decision.
● The Motor Accident Claim Tribunal deals with the cases that involve loss of life or property, or in case of injury.
● As per Section 165(1) of the Act, a State Government can, by issuing a notice in the Official Gazette, can establish a new Motor
Accident Claims Tribunal in the area specified in the notice.
● As stated under Section 165(4) if there are two or more Claims Tribunal in an area then the Government based upon order,
either general or special, can distribute work amongst them.

5. Claiming Procedure in Motor Vehicles Act, 1988
● Who can claim compensation?
As per Section 166 of the Act, a person claims compensation if :
1. he has sustained an injury
2. he is the owner of the property
3. he is the legal representative of the person who died in the motor accident
4. he is the agent authorized by the injured person, or by the legal representatives of the deceased, as
the case maybe

6. Claiming Procedure in Motor Vehicles Act, 1988
● When can compensation be claimed?
According to Section 165(1) of the Motor Vehicles Act, 1988 the Claims Tribunal can entitle
compensation to the claimant in the following circumstances -
1. When the accident involves death or bodily injury to a person
2. When the accident results in the loss of any property of a third party
3. When such accidents arise out of the use of motor vehicles
There is no prescribed limit within which the claim application has to be filed. Even though there is no
prescribed limit to apply for compensation it should be claimed within a reasonable time.

7. Claiming Procedure in Motor Vehicles Act, 1988
● Where can compensation be claimed?
The application for the claim can be filed in the following tribunals :
1. The Claims Tribunal where the claimant resides
2. The Claims Tribunal where the owner of the vehicle resides
3. The Claims Tribunal where the accident took place