Indian Laws on Motor Vehicle Accident Claims
Wed, 09/01/2010 - 03:45 — LIG Reporter
Indian laws on accident claims are quite stringent. The laws were formulated by prioritizing the best interests of the victims and those who are liable to disburse the compensation, such as insurance companies. Indian laws on motor vehicle accident claims are strict but beneficial for victims in claiming their legal rights in a court of law.
The Fatal Accidents Act, 1885 was enacted in India to protect the legal rights of the accident victims and their legal heirs. This Act entitles the legal heirs of a deceased accident victim to claim compensation from the person who committed negligence.
Indian Law on Accident Claims: Introduction of the Motor Vehicle Act
Indian law on accident claims is relevant due to the higher rates of accidents leading to loss of life and property across the country. In 1988, the Government of India introduced the Motor Vehicle Act, to make the Indian laws on accident claims more effective.
The Act provides for compulsory third party insurance and procedure of adjudication, to ensure relief to victims of accident cases. Also, the Act stipulates for establishment of Motor Accident Claims Tribunal to address the accident claim cases. This means that if you are a victim of a motor vehicle accident, your first point of reference to press for a claim is at the aforementioned tribunal that has been established to address similar claims.
Indian Law on Accident Claims: No Fault Basis and Mandatory Vehicle Insurance
Indian law on accident claims pertain mostly to the Motor Vehicle Act. Section 140 to 144 of the Act provides for No Fault Basis, which ensures relief to the families of victims who are killed in hit and run accidents, and where the killer vehicle is not identified. Compensation is granted, only if the following is proved:
- Accident was caused by the offending vehicle.
- The offending vehicle was insured.
- Death or injuries were caused by the accident.
Section 145 to 164 of the Act provides for mandatory third party insurance, which is compulsory for a vehicle owner. This means that if you have a vehicle that you use to move in public places, you cannot do so legally unless you have an insurance policy. Typically, your insurance policy papers must always be kept in the car with your car registration and driving licence. Section 146(1) of the Act prohibits a vehicle owner from using the vehicle in a public place without undertaking an insurance policy in compliance with the Act.
Further, the Act provides for unlimited liability and limited defense of the insurance companies. Several court judgments passed by the Supreme Court have restricted the legal defense strategies put forward by various insurance companies. Also, the liability to prove the limited defenses rests on the insurance companies.
The limited defenses allowed to be made by the insurance companies include:
- Use of vehicle for racing and speed testing.
- Use of vehicle not allowed by permit.
- Divers without a valid Drivers license or who have been disqualified from owning Drivers license.
- Void insurance policy due to non-disclosure of crucial facts.
Final Legal Take Away Tip: If you have had a motor vehicle accident, inform the police by way of complaint and then call your insurance company or agent right away and ask on how to proceed immediately to make a valid claim under your policy. In case they ask for “proof of loss,” keep documents relating to your claims ready for their reference such as a copy of the police report, medical or car repair bills and provide all information that your insurer asks you so that your claim is reimbursed in sync with your policy. You can also approach a well known advocate at the Motor Accident Claims Tribunal to represent you and claim compensation if you have undergone reasonable level of physical or mental suffering as a result of the accident. Once again, keep all your documents handy for the advocate’s easy reference. It will help to build your case as you proceed to make a legal claim before the tribunal.
Comments
if a person is driving with an expired licence and meets an accident, can he make a claim from the insurance company to repay for the compensation penalised on him.
I had a scooter accident where a person while trying to cross the road, was confused as to whether to go ahead or go back and finally chose to stand in the middle of the road. As a result, my scooter (running at speed of approx 45 kmph) hit him and we both fell down. He sustained a fractured leg while I had minor bruises. Police booked an FIR case on me. And since then I have been to court waiting for the affected person to stand witness n the court, but has not turned up yet. It has been more than 9 months since the accident and I am going through acute mental agony and do not have any direction on this. Please help.
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In case of lack of insurance of vehicle wheather state govt. may be impleaded due to to its negligence to allow plying with out insurance co.
Dear Sir,
Please insure that if the permit of vehicle is not valid at the time of accident ,insurance co can denie the third party payment,the matter is of year 2006.
sudhir gupta
allahabad
i havw a 4 wheller when i was turing over an intersection road which had no signal a bike fellow had ramped from the back to my car ,then he was un conscious and i had taken him to the hospital and went to the police station and informed about the same,but they told me that they will check out from the hospital and inform me,and in hospital a doctor told me that it is a drun and drive, then i came back but after 3 days of accident the injured 2 wheeler is booking an FIR against me as rash drive and hit,but till date nothing has been responded from the police.please suggest me
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sir, i was on duty from my college at ludhiana there a jeep came from side and hit me badly. i was at road side, the owner of jeep keep on avoiding me if we ask for compensation as my treatment was costly (3.5 lakh) i am unable to recover it. college is n't helping me. plz support me. jeep is n't insured.
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I had a scooter accident on 12 nov 2011 and the scooter was damaged during the accident as it hit a concrete pole.
I went for insurance claim and the service center personnel asked to submit insurance policy papers and driving licence for claims.( the estimate of expenses provided to me was Rs. 7500)
However my driving licence had expired on 3rd nov and i did not realise it, nor did the service center personnel advised me about the expiry of my driving licence.
Can i get the insurance claim from the insurance company by requesting them to consider my case?
Please provide your opinion about the claim in this case.
Thank you.
PS: I have already renewed my driving license now , but it was after the accident.
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