ADVOCATES FOR ACCIDENT CLAIMS IN CHENNAI
Accident is a trauma that leads to physical and mental disabilities. Many a times it leads to loss of lives. Losing your loved ones in an accident is an irreplaceable loss. Yet you can claim compensation for accidents.
Our Advocates for Accident claims will be able to help you to claim compensation on your behalf. We help you in filing petition or request before Motor Accident Claims Tribunal. We help in getting monetary relief, compensation and damages claim in motor accident.
Accidents Claims – The Motor Vehicles Act, 1939
When you open any newspapers, there is always a report about some accidents or the other. It is very sad to see many people losing their lives in accidents or getting injured. The numbers of accident cases are on steep rise. According to a research a road accident takes place once in every 4 minutes in India. A person may get injured or killed in an accident. The Motor vehicles Act deals with the matters of accidents and claims.
WHO CAN FILE AN APPLICATION FOR ACCIDENT COMPENSATION
A motor accident occurs when a person using motor vehicle, causes death or grievous injury to another person. He may also cause damage to another person’s property. It may be due to negligence or loss of vehicle control. The following persons can apply for compensation
- A person who sustained injury due to the accident
- A property owner whose property got damaged due to the accident.
- In a case where accident results in death. All or any legal representative of the deceased can apply for compensation
- An agent authorized by the injured person
- Any or all the legal representatives of the deceased
WHERE TO FILE AN APPLICATION
You can apply for compensation at any one of the Motor accident Claims Tribunals. It is the option of the victim or claimant. He may apply at
- At Motor Accident Claims Tribunal whose jurisdiction covers an area where defendant resides. Or
- At Motor Accident Claims Tribunal whose jurisdiction covers area where claimant resides. Or claimant carries on business. Or
- At Motor Accident Claims Tribunal whose jurisdiction covers the area where defendant resides.
CIVIL COURTS CANNOT HANDLE ACCIDENT CLAIMS IN AREAS HAVING MACT
No civil courts can to handle accident claim where there are claims tribunals. The claims tribunal is the authority to handle any claim for compensation for that area. Civil court does not have any authority to grant injunction for accident claim.
ACCIDENT CLAIM COMPENSATION
You can apply for Accident claim compensation under the following sections. In other words compensation claim are of 3 types
- Fixed Compensation – On The Principle Of No Fault Sec 140
- Payment Of Compensation On Structured Formula Basis- Section 163 A
- Compensation for Hit And Run Motor Accidents. Where Identity Of The Vehicles Is Not Traceable-Section 161
FIXED COMPENSATION – ON THE PRINCIPLE OF NO FAULT- SEC. 140
- An accident due to motor vehicle resulting in permanent disability or death of person. Under such circumstances the owner of the vehicle has joint and several liabilities. He has to give compensation for such disablement or death.
- The compensation amount payable under sec.140 with regards to death is INR 50,000 and for permanent disability is INR 25,000
- Claimant need not plead and establish permanent disability or death. It is applicable in case of accidents dues to wrongful act, vehicle owner’s default or negligence
- This claim will not get rejected and the quantum of the claim gets reduced. Even when the victim is under wrongful act, negligence or default in the accident.
- Once you apply for compensation under Sec.140 you cannot apply under any other section.
PAYMENT OF COMPENSATION ON STRUCTURED FORMULA BASIS- 163 A
- Under Sec.163A, authorized insurer of motor vehicle owner has to pay compensation. It gets paid as per second schedule. It gets paid to victims or legal heirs as the case may be.
- Claimant need not establish permanent disability or death in respect of vehicle owner’s or any other person’s wrongful act or default or negligence.
- A person cannot apply for compensation under both Sec 140 and Sec 16A. He can apply for compensation under any one of the said sections and not under both.
COMPENSATION FOR HIT AND RUN MOTOR ACCIDENTS. WHERE IDENTITY OF THE VEHICLES IS NOT TRACEABLE-(SECTION 161)
In an accident where you could not trace the identity of the vehicle, such cases known as hit and run cases. Since the vehicle owner who caused the accident could not get detected, the government awards compensation from its solatium funds.
You must show as the motor vehicle identity as untraceable in spite of reasonable efforts. A fixed compensation gets granted from Government’s fund for hit and run accident. In case of death the compensation is INR 25000 and in case of grievous injury the compensation is INR 12,500
How to apply
Sec. 166 of the Motor Vehicles Act lays the details required to apply for compensation. The application needs to contain following details. You need to apply the same along with a court fee INR 10 by buying court fee stamps.
Details required to fill the application
- Name of the person injured / dead
- Father’s name of the Expired / injured person
- Husband’s name if the women is married or widow
- Full address of the person who expired/injured
- Age of the person who expired/injured.
- Occupation of the injured person/dead person.
- Name address of the employer of the insured/dead, if any.
- Monthly income of the person injured/dead.
- Any income tax paid by injured / dead? If yes enclose documents
- Place, date and time of accident.
- Name and address of Police station in whose jurisdiction the accident happened or accident registered.
TIME LIMIT TO APPLY FOR COMPENSATION
You need to apply for compensation within six months from the date the accident happened. Otherwise the application may get rejected.
Lawyers for APPEAL AGAINST CLAIM Award
In case you do not satisfy with the claim award, you may appeal against claims tribunal award with the High Court. Find the best Lawyers for Appeal against Claim Award in Chennai. You can file within ninety days from the date of award.
But the High Court requires the person to deposit with court INR 25,000 OR 50% of awarded amount whichever is less to take up the case. High court does not entertain an appeal less than INR 10,000.
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