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In 2022, India had about 461,000 road accidents, with about 70% involving young people. Tamil Nadu had the most accidents with over 64,000, followed by Madhya Pradesh with over 54,000. In 2021, there were 412,432 accidents that killed 153,972 people and injured 384,448.
Some causes of road accidents include:
Over-speeding, Rash driving, breaking rules, Not understanding signs, Fatigue, and Alcohol.
In India, Motor Accident Claims Tribunals (MACTs) adjudicate claims for injuries, losses, and damages arising from motor accidents. The Motor Vehicles Act, 1988 regulates motor vehicles and compensation.
Here's some information about MACTs:
>>Claims: MACTs deal with claims for loss of life or property, and injuries.
>>Compensation: If someone dies or is seriously injured in a motor vehicle accident, the vehicle's owner or insurer must pay compensation. In the case of death, the insurer must immediately pay Rs. 50,000 to the dependent, and Rs. 25,000 to the victim if they are permanently disabled.
>>Hit and run: The Central government provides compensation for hit and run accidents under Section 161 of the Act. Fleeing an accident scene and failing to report it to a magistrate or police officer can result in a jail sentence of up to 10 years and a fine.
>>Parental consortium: Children who lose parental care and protection in motor accidents are granted parental consortium.
>>Claim filing: Claims must be filed directly with the relevant tribunal.
>>Forms: After an accident, the investigating officer must submit a First Accident Report (FAR) to the Claims Tribunal within 48 hours. The driver and owner of the offending vehicle must submit forms within 30 days, and the investigating officer must submit an Interim Accident Report within 50 days. Victims must submit forms within 60 days.
>>Some common causes of road accidents in India include distracted driving, drunk driving, speeding, not wearing seat belts, and poor road conditions.
Motor Accident Claims Tribunals deal with claims relating to loss of life/property and injury cases resulting from Motor Accidents. In Delhi there are eleven MACT Courts in Tis Hazari apart from four Courts in Karkardooma Courts Complex and three in Patiala House.
STEPS/PROCEDURE TO FILE A MOTOR ACCIDENT CASE: -
- The process has to begin with the filing of an FIR with the police regarding the accident and after loged FIR investigating officer prepare a charge sheet & DAR Detailed Accident Report after obtaining a charge sheet. This shall initiate the criminal facet of the offence. The charge sheet along with the investigation report that develops here shall serve as evidence in the MACT, making this an essential step. Along with that person or lr’s should Notify the insurance company Within 48 hours of the accident, the insurance company must be notified
- he police must complete the criminal case investigation within 30 days of the accident. They must then file a Detailed Accident Report (DAR) and a copy of the charge sheet with the MACT within 30 days
- A victim can also file a claim petition with the Motor Accident Claims Tribunal (MACT) to seek compensation for injuries or damages caused by a motor vehicle accident. The petition should be submitted within six months of the accident, but the tribunal may consider applications filed after that period if there's a valid reason for the delay. The petition should include the following documents:
•Copy of the MLC, post mortem report, or death report, as applicable
•Documents that identify the claimant and the deceased, if applicable
•Original bills and treatment records for any expenses incurred
•Educational qualifications of the deceased, if applicable
•Disability certificate, if applicable
•Proof of income for the deceased or injured
•Documents about the victim's age
•Cover note of any third party insurance policy, if applicable
The claimant must show that the respondent was negligent or rash in their actions and that the accident was their fault. If the respondent has insurance, the insurance company will be liable to pay compensation on their behalf
How do you calculate accident claims?
The amount of compensation awarded in a Motor Accidents Claims Tribunal (MACT) case can vary depending on the circumstances such as:
•Standard of proof
The MACT uses the preponderance of probabilities as the standard of proof when considering a petition for compensation for injury or death in a road accident.
•Physical disability
When assessing compensation for physical disability, the MACT considers the nature of the injured person's work.
•Age of the deceased
The age of the deceased may be used as the basis for applying a multiplier.
The MACT also has jurisdiction over the area where the accident occurred, and claimants can file a claim within the local limits of their residence, business, or the defendant's residence. Claims for compensation must be filed within six months of the accident date.
In some cases, the Delhi High Court has awarded enhanced compensation to victims of motor vehicle accidents. For example, in April 2023, the Delhi High Court awarded over 65 lakh rupees in enhanced compensation to an 11-year-old girl who was left wheelchair bound after a 2011 accident. In October 2022, the Supreme Court of India enhanced the compensation awarded by the High Court by 3,00,000 rupees, bringing the total to 5,00,000 rupees.
How can claimants get compensation MACT case if accused/offender is not traceable?
Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for an award of compensation.
Whereas IO needs to file final untrace report/DAR which is accepted by the court with due satifaction and taking No objection of victim or Lr's of deceased in case death case after taking necessary statements of party LD PO Accepted the untraced DAR
which may be revived as and when any claim petition is filed or accused/offending vehicle is traced out.
after this The claimants are also given liberty to approach the good
office of Ld. Secretary, NDDLSA for the grant of compensation under
Victims Compensation Scheme, as per law.
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