What liability does law mandates under MACT?

The law mandates the Liability Only Policy also known to be Third Party Insurance wherein the owner of a vehicle is legally liable for any injury or damage to third party life or property which arises of the use of a vehicle. The law states that driving without a third party insurance cover in public places if a punishable offence. The third-party insurance aims to cover the damage done by the vehicle of the insured to the other person’s body or vehicle or property, which means that the injured third party is the beneficiary of the third party insurance.

What is a Third Party Claim?

A third party claim is when due to an accident the damage or injury is caused to another’s vehicle or body or property. In an accident, where your vehicle has either caused the accident or was involved in an accident, you must ensure that the accident is reported immediately to the police authorities and your insurance company. When you are a victim in the accident with somebody else’s vehicle, the details of that vehicle (owner, registration number, insurance company etc) must be obtained and intimation must be made to the police as well as the insurer of that vehicle. Under the third party insurance, a third party can file a claim for compensation for injury, death and property damage caused. For such claim, the third party may file a case in the Motor Accidents Claims Tribunal (MACT) against the vehicle owner, driver and the insurer.

What is MACT?

Motor Accidents Claims Tribunal (MACT) is a special court which deals with matters arising out of the motor accidents wherein the victims or the dependents of the deceased file for compensation against the owner of the vehicle, driver and the concerned insurance company. Thus, MACT deal with claims relating to loss of life and/ or property and injury cases that result from Motor Accidents.

Who can file a claim petition in the MACT?

A Claim Petition may be filed in the MACT by the victim himself or through an advocate, the legal dependent of the deceased or the owner of the damaged vehicle, as the case may be.

What is the territorial jurisdiction of MACT?

The law states that a claim petition may be filed either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or within whose local limits the claimant resides or within the local limits where the defendant resides.

What are the basic steps to follow while filing a Claim Petition?

The process has to begin with the filing of an FIR with the police regarding the accident and obtaining a charge sheet. This shall initiate the criminal facet of the offence. The charge sheet along with the investigation report that develops here shall serve as evidence in the MACT, making this an essential step.

Next is to contact a lawyer to file the Claim Petition in the Motor Accident Claims Tribunal.

What is the principle of liability to pay compensation upon no liability?

The law also provides for the liability to pay compensation in cases where the death or permanent disablement has resulted from an accident from the use of a motor vehicle/s without the fault of the driver/ owner. Here the owner/s jointly and severally shall have to pay compensation fixed as per the law.

A separate application has to be filed along with the original claim for the above purpose.

What are the documents to be filed along with the Claim Petition?

What steps to take in event of a Hit and Run case?

The law has devised provisions to protect the rights of road accident victims when the identity of the motor vehicle causing the accident cannot be established: HIT AND RUN. A special Solatium Fund to which the contributions are made by the General Insurance Companies. The victims, their legal representatives, or dependents have to make an application to the Claims Enquiry Officer of the Sub-Division or Taluka in which the accident happened. After the due procedure enquiries, the claims shall be processed and sanctioned for the payment.

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