With the evolution of civilization of men, the actions of negligence became an actionable error. In English law, a person or legal associate of the deceased who has died due to the negligent action of others may recoup damages under tortious law in addition to initiating criminal proceedings. Consequently, the carrying on of negligence by losses to the opposite individuals paving the way for institution of action. Motor Accidents Claims Tribunal have been set up by the Motor Vehicles Act, 1988. it’s been constituted to produce speedier remedy to the victims of accident by automobiles. The jurisdiction of Civil Courts is taken away by the Tribunals within the matters which concerns the Motor Accidents Claims Tribunal. Appeals from Claims Tribunal lies with High Courts. The appeal is limited by time of 90 days and must be filed in the high court within the said period of 90 days from the date of award of Claims Tribunal.
The Motor Vehicles Act,1988 is a comprehensive legislation with the aim of enhancing road safety. It also serves the aim of welfare legislation by providing for compensation in case of loss of life or limb due to accidents by automobiles. Section-2(30) of the Act defines who is the ‘owner’. “Owner” is the individual in whose name a motor vehicle stands registered, and where such person may be a minor, the guardian of such minor, and in reference to a motor vehicle which is the subject of a hire-purchase agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that particular agreement. Motor Accident Claims Tribunals [MACT Courts] affect claims concerning loss of life/property and injury cases resulting from Motor Accidents. The Claims are to be directly filed in the concerned Motor Accident Claim Tribunal. The Judicial Officers from Delhi Higher Judicial Service preside over the MACT Courts.
Motor accident claims in India refer to compensation claims made by victims of road accidents resulting from the fault of another party. The process of making a motor accident claim in India involves filing a claim with the Motor Accident Claims Tribunal (MACT).
Under the Motor Vehicles Act, 1988, the MACT is the designated authority for hearing and resolving claims arising from motor accidents. The MACT has jurisdiction over all motor accidents that occur within its territorial limits and has the power to award compensation to the victims or their legal heirs.
To make a motor accident claim in India, the victim or their legal heir must file a claim with the MACT within two years from the date of the accident. The claim must be accompanied by relevant evidence such as police reports, medical bills, and witness statements, to establish the fault of the other party and the extent of damages suffered.
The compensation awarded by the MACT can cover various expenses such as medical expenses, loss of income, and pain and suffering. The compensation amount is determined based on various factors such as the nature and extent of the injury, the age of the victim, and the duration of the disability.
Having a specialist motor accident lawyer can help to increase the chances of a successful claim and ensure that the compensation awarded is fair and adequate. A motor accident lawyer can assist in gathering evidence, negotiating with insurance companies, and representing the victim in court.
In conclusion, making a motor accident claim in India can be a complex and time-consuming process. Seeking the help of a specialist motor accident lawyer can greatly increase the chances of a successful outcome and ensure that the rights of the victim are protected.
A MACT claim advocate is a legal professional who specializes in representing clients in claims arising from motor accidents. The role of a MACT claim advocate is to assist clients in navigating the legal process, preparing and presenting their case, and representing their interests in the Motor Accident Claims Tribunal (MACT).
The services of a MACT claim advocate can be particularly useful in cases where the victim of a motor accident is unable to resolve their dispute with the insurance company or the other party involved in the accident. The advocate can help the client understand their rights and obligations under the Motor Vehicles Act, 1988 and other relevant laws, and guide them through the process of filing a claim in the MACT.
A MACT claim advocate can also help clients understand the legal and technical aspects of their case and provide them with practical advice on how to build a strong case. They can also help negotiate a settlement on behalf of the client or represent the client in the MACT, presenting their case in the best possible manner to achieve a favorable outcome.
In conclusion, a MACT claim advocate can play a crucial role in resolving disputes arising from motor accidents and can help ensure that the rights of the victims are protected and upheld. By hiring a specialist MACT claim advocate, clients can increase their chances of a successful claim and receive the compensation they are entitled to for the damages suffered as a result of a motor accident.
Frequently Asked Questions on MACT Cases
- What is MACT? MACT stands for Motor Accident Claims Tribunal. It is a quasi-judicial body that deals with cases related to motor vehicle accidents and the compensation to be paid for the damage caused.
- What kind of cases are handled by MACT? MACT deals with cases related to motor vehicle accidents, including cases of death or injury caused by the accident.
- Can I file a claim for compensation in MACT? Yes, you can file a claim for compensation in MACT if you have suffered injury or loss due to a motor vehicle accident.
- Do I need a lawyer for MACT cases? It is recommended to hire a lawyer for MACT cases as the proceedings can be complex and the compensation amount depends on various factors such as the severity of the injury, the income of the victim, and the extent of damage to the vehicle.
- What is the role of a lawyer in MACT cases? A lawyer can help you understand the legal process and ensure that your claim is filed correctly. They can also gather evidence and represent you in court to ensure that you receive the compensation you deserve.
- What are the factors considered while deciding the compensation in MACT cases? The compensation amount in MACT cases depends on various factors such as the nature and extent of the injury, the age and earning capacity of the victim, the cost of medical treatment, and the loss of income due to the accident.
- Can MACT cases be settled out of court? Yes, MACT cases can be settled out of court if both parties agree on a mutually acceptable compensation amount. In such cases, the claimant can withdraw their claim from the MACT.
- Can I appeal against the decision of MACT? Yes, you can appeal against the decision of MACT in a higher court if you are not satisfied with the compensation amount awarded.
- How can I find the best lawyer for MACT cases? You can find the best lawyer for MACT cases by looking for experienced lawyers who specialize in motor vehicle accident cases. You can also ask for recommendations from friends and family or search for lawyers online. It is important to choose a lawyer who has a good track record of winning MACT cases and who can provide you with the necessary guidance and support throughout the legal process. We at Century Law Firm have experienced lawyers who specialise in MACT cases.