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WHERE TO FILE A CLAIM WHEN THERE IS AN INJURY OR DAMAGE TO THE PROPERTY OF A PERSON DUE TO A MOTOR ACCIDENT?

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WHERE TO FILE A CLAIM WHEN THERE IS AN INJURY OR DAMAGE TO THE PROPERTY OF A PERSON DUE TO A MOTOR ACCIDENT?
Where To File A Claim When There Is An Injury Or Damage To The Property Of A Person Due To A Motor Accident?

The claim has to be filed before Motor Accidents Claims Tribunal. The Civil Courts do not have jurisdiction to adjudicate the claims pertaining to Motor Accidents. The Motor Accidents Claims Tribunal is created by The Motor Vehicle Act, 1988 so as to provide speedy claims to the victims of accident by motor vehicles.

The Victim (Claimant) has to file an application for payment of compensation under Section 140 and 166 of the Motor Vehicle Act, 1988 in a format which can easily be downloaded from Google. In case, the victim had died due to a motor accident, the application has to be filed by the legal heirs of the deceased/victim.

As per new provision of The Motor Vehicle Act, 1988, the claims before Motor Accidents Claims Tribunal can be filed beyond the limitation period of 6 months with a reasonable cause for delay.

The claim can be filed by person sustaining injury, owner of the damage property, legal heir of the deceased who died in the accident and the same can be filed before the Motor Accidents Claims Tribunal having jurisdiction over the area where the accident took place or where the Claimant resides.

In an application filed before Motor Accidents Claims Tribunal (MACT), the Claimant is required to implead the driver, owner and the insurer of the vehicle that caused the accident. Usually, the insurer of the vehicle that caused accident, settles the claim as per its policy with liberty to recover the said amount from the driver/owner, in case, it is found that the accident had taken place due to fault of the driver or the owner.

It is advisable to immediately report about the motor accident with the police and take photographs of the accident site if possible. One should keep all the medical reports and invoices of expenditure incurred on medication/treatment. If the victim is working in an organization, it is advisable to obtain the medical leave certificate and in case, the victim is self-employed, he/she should keep account of losses incurred in the business due to the said accident.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate

9958319099

www.nyayoptions.com


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