Rajneesh Diwan

MACT CASES

An accident changes several lives depending on the individual who lost their life in road accidents. The number of accidents is increasing day by day. Through a recent record, 2.17 million accident cases have been recorded which is a huge number. Mact claim process plays an essential role in accidents and helps to provide compensation to the victim or their family. Mact claim process was specially formed to resolve accident matters as per its area. If you are looking for complete information about the tribunal this article will help you. Through this article, you will understand the MACT, its objective, features, procedure and how it works.

 

What is the Motor Accident Claim Tribunal?

The Motor Accident Claim Tribunal is a type of small court that is specially formed to resolve cases related to accidents. Clause 163 (MV Act, 1988), the State Government empowers the Accident Claims Tribunal to adjudicate upon the compensation claims. This tribunal is also known as MACT. Section 140 & 163-A of the Motor Vehicle Act, 1988 contains the right to claim and get compensation after the death, disability or bodily injury caused by an accident.

 

The objectives of the Motor Accident Claim Tribunal

The main objective and purpose of the Motor Accident Claim Tribunal (MACT) is to resolve the cases of motor accidents. Whether it is a bike accident, car accident or truck accident, every accident case is resolved under this tribunal. The MACT has the power to conduct hearings, resolve claims and award compensation to the victim in a limited territory.

 

 

Key features of the Motor Accident Claim Tribunal

The Key Features of the Motor Accident Claim Tribunal are the following given below:

  • MACT has exclusive authority over cases involving motor vehicle accidents, offering a specialised legal forum for such situations.
  • MACT, which operates independently of conventional civil courts, concentrates completely on vehicle accident claims, guarantee a dedicated and quick legal process.
  • It takes a quick approach to case settlement, highlighting the need to pay compensation to accident victims or their beneficiaries as soon as possible.
  • Its special concentration on vehicle accident cases enhances its expertise in dealing with the complexities of such claims, enabling a comprehensive and informed decision-making process.

 

Steps to Take in The Event of a Hit-and-Run Case?

Since it is impossible to determine whose motor vehicle caused the collision, the law has set the procedures to safeguard the victim’s rights: HIT AND RUN. A special Solatium Fund to which the General Insurance Companies make contributions to. An application needs to be provided by the victims, their legal representatives, or dependents, to the Claims Enquiry Officer of the Sub-Division or Taluka in where the accident occurred. The claims must be processed and approved for payment following the proper procedure inquiry

 

Who Can File a Claim Petition in The MACT?

According to Section-173; if the appellant was prohibited by sufficient cause from filing the appeal in time, the High Court may nonetheless consider the appeal after the stipulated ninety-day term has passed. There is no time limit for filing a motor vehicle accident claim. However, an unusual delay might demand an explanation from the Tribunal

Section 166 of the Motor Vehicles Act,1988 states that compensation can be claimed by the following;

  • The person who has sustained an injury.
  • The owner of the damaged property.
  • Any or all legal representatives of the victim who died in the accident.
  • Any or all of the legal representatives of the person who was killed in the accident, or the lawfully appointed agent of the injured person.

 

What Are the Basic Steps to Follow While Filing a Claim Petition?

The procedure’s first step is to report the accident to the police in order to receive a charge sheet. After that, the criminal aspect of the offense will begin. This is the most important phase as the charge sheet and the investigation report that is produced here will be used as evidence in the MACT.

The next step is to contact a lawyer to file the Claim Petition in the Motor Accident Claims Tribunal.

 

 

One can file a claim Petition in the following ways;

  • To the Claims Tribunal who’s having jurisdiction over the location in which the accident occurred.
  • To the Claims Tribunal within the local limits of whose jurisdiction the defendant resides, or conducts a business, or, where the claimant resides or carries out a business.

 

The following documents should accompany the Claim petition: –

  1. Copy of the FIR filled in connection with the said accident (if any).
  2. Copy of the Death Report/ Post Mortem Report/MLC/ as applicable.
  3. The records prove the claimant’s identity and also the identity of the deceased in a death case.
  4. Original receipts for the cost incurred on the treatment as well as the treatment records.
  5. Records of the deceased’s educational background, (if any).
  6. in an injury case, a disability certificate is required, if one has already obtained it.
  7. The deceased or injured person’s proof of income.
  8. Records pertaining to the age of the victim.
  9. The third-party insurance policies cover notes, if any.
  10. An affidavit that elaborates the relationship of the claimants with the deceased.

 

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