In the today’s world we saw the existence of different types of claims e.g., matrimonial claims, personal claims, health claims, equity claims, insurance claims etc. From all these claims we have one of them is Accidental claim which has increased in present time with the development of civilization and vehicles and machinery of various types.
Before going into further we should first understand the meaning of Accident. Accident means any unintentional act, an act which is just by chance and without any pre-planned thought.
Accidental Claims means claim of right with respect to accident caused due to act of negligence of other person by vehicle. The Act of negligence have become actionable wrong.
Criminal Proceeding Under The Accident:
In the Law any person or the legal representative of deceased person who expired on account of negligent act of other can besides instituting criminal proceeding, recover damages under the Law of Torts. Accountable negligence consist in the neglect of use of ordinary care or skill towards a person to whom the defendant owes due of observing ordinary care and skill by which neglect the plaintiff have suffered injury to his person or property. Thus, negligence accompanied with losses to the other party give rise to an action.
Need for the MACT ACT:
To facilitate this, provisions have been inserted for compulsory third party insurance and to provide a machinery of adjudication of claim in Motor Vehicle Act by amending Act No.110 of 1956, by which Section 93 to 109 with reference to third party insurance and Section 110(A) to 110(F) with reference to creation of Motor Accident Claims Tribunal and procedure for adjudication of claim has been provided. Initially the liability was restricted to a particular sum but after 1982 the liability of the Insurance Company has been made unlimited and even the defences of the Insurance Companies have been restricted so as to ensure payment of compensation to third parties.
In to year 1982 a new concept of providing interim compensation on ‘No Fault’ basis have been introduced by addition of Section 92(A) to 92(E). By the same amendment, relief has been given to those persons who expired by HIT AND RUN ACCIDENT CASE, where the offending vehicles are not identified or untrace.
The Motor Vehicles Act, 1988
In the year 1988 , the new amended Motor Vehicle Act have been introduced and in new Motor Vehicle Act’s Chapter 10 provides for interim award. Chapter 11 provides for insurance of motor vehicle against third party risk cover and Chapter 12 provides for the constitution of Claims Tribunal called Motor Accident Tribunals and adjudication of claim and related matters. Motor Vehicle Act is till date in a process of changes as per the need of time. Hon’ble Supreme Court has number of times held that this is a welfare legislation and the interpretation of provision of law is required to be made so as to help the victim of accident By paving the way In this process Hon’ble Supreme Court has passed various judgments in recent past and present time, which have restricted the statutory defenses of the Insurance Company to a greater extent as law relating to burden of proof have been totally changed. Limited defenses as to not holding valid driving license, use of vehicle for hire and reward, use of transport vehicle for the purpose not allowed by permit are required to be proved in so stringent manner that insurer are not getting advantage of these defenses.
Who Can Be Claimants For Compensation:
In the injury cases, it is the injured and in case of death cases the legal heirs of the deceased are claimants for the compensation entitlement.
Assurance of Service to our Esteem clients:
We as the law firm do undertake the cases under the Motor vehicle Act, the cases of compensation under the act; we prepare the claim petition with best future aspects of the claim injury or death/fatal case of accident. We always tried to satisfy our clients for the best compensation or defense in the Motor vehicle compensation or criminal case for negligent driving in the court of law from district court to Hon’ble Supreme Court, we had proven track record with so many clients in claim & compensation in injury, death, fatal accident and Hit and Run case advocate. We are also having good standing in law for the DEFENCE advocate of hit and run or motor accident cases.