Motor Accident Claim Tribunal 



  • Motor Accident Claim tribunal is to credit the compensation amount by the decision of in and Motor Vehicle accident which taken place because of the negligence of the driver of the vehicle or the opposition party. 
  • MACAD (Motor accident claim annuity deposit) is awarded by the court of the victims of the motor vehicle accidents.  MACT Accounts provide options for customers to receives the compensation is the form of amount which was given by the court to them . 
  • MOTOR ACCIDENT CLAIM TRIBUNAL has been created by Motor vehicle act 1988. It has been constituted to provide speedier remedy to the victim of accident by motor vehicles. 

Motor vehicle Act 1988 

Major objective of this act to concentrate on the innocent people who are travelling on the roads get to affected by the drivers. The drivers of this motor vehicle were not held accountable for until this act. Thus, under the Motor vehicle Act, there was a provision for compensation for these helpless people on the road. In 1988, Motor Vehicle Act was passed by the parliament of India. This act is responsible for covering all the aspects that are related to road transport vehicles. This act provided licensing to the conductors and the drivers as well, as registration of motor vehicles. Also, traffic regulations, the provision on controlling the permit, penalties and liabilities were covered under the Motor vehicle act 1988.

Referral case

New India Insurance Co. Ltd. V. Bimla and other, 1st Dec, 2009 

Facts

In this case Bimla Devi and 15 other people are the agricultural workers from Narwana village who are going to collect cotton balls agricultural field in Danoda village. They use to work as daily wages worker there. They were returning to their village in the tractor, which was owned by their employer, when they saw a truck which was parked at roadside and one of the tire of the truck was placed on the road, indicating that the truck has a punctured tire which is being replaced. The driver of the tractor didn’t see the tire and the accident took place where the tractor was overturned and 13 out of the 16 got injured and 3 women died.

Issue 

  1. 1. That the driver of the tractor was negligent and on that basis the accident took place. 
  2. That the truck driver whose tire was on middle of the road did not have an issued valid license. 
  3. That the trolley should have only be used as an agricultural vehicle and not as a transportation vehicle for the people. 

Decision of the court. 

  1.  The court decided that while examining the case from all the angles, it was inappropriate to hold that the respondent (tractor driver) acted in violation of the terms of the policy that the tractor was used other than agricultural purpose and the person carried by the driver were gratuitous passengers. 
  2. As regard the quantum of compensation, the respondents being the labors hail from the poor families and on the death of the ladies and other having suffered injuries, reasonable compensation appears to have been awarded suggesting not interference by this court. Hence, all the appeals filed by the insurance company stand dismissed. 

Conclusion 

The site of the accidents is very common on Indian roads. As revealed by government data, over 400 people were killed in road accidents every day in 2015. The helpless victims are left paralyzed on the street and after, by the intricacies involved in legal machinery. Since then , MACT has helped the aggrieved in receiving fair compensation for the losses occurred by them and providing justice to the poor and needy. 

Legal Basta law firm actively supports in term of Free Legal assistance- and legal help to the victims of sexual abuse and always take legal stand for the legal rights of child and women…

contact us for 24 hours free legal assistance at 8800548696

Comments

Post a Comment

Popular posts from this blog

Hydrogen Cars

Image
 HYDROGEN CARS: THE GENZ’S VARIATION      Is there a future in hydrogen cars? This has been the main contention among the new age individuals as a recent announcement has been made by the Minister of Road Transport and Highways of India, Mr. Nitin Gadkari has stated that India would be moving towards use of hydrogen engine vehicles by 2030 which also means that the use of petroleum for running vehicles would also be limited and reduced. The need of the electric vehicles as a substitute against the already running petroleum vehicles but due to the high cost and price of the electric vehicles which led to electric vehicles becoming unaffordable for the middle class population of India which was not serving the purpose for which electric vehicles were introduced. DRAWBACKS OF OTHER VARIANTS OF VEHICLES:  The other variants of vehicles have been in existence in the market for a long time such as petroleum and CNG variants, however due to their high prices and harmfu...
Read more

Marital Rape in india

Image
MARITAL RAPE IN INDIA: AN EXCEPTION Marital Rape in India has been one of the main contentous and debatable topics clogging around the legal system in India attracting eyes and opinions of various legal judicials. Marital rape gained influence as soon as it attracted the golden articles of the Constitution and questioned the institution of marriage as it is considered to be a sacred and a religious act in India and proposing charges on account of sexual obligations in marriage would definitely breach trust of both parties to marriage and would also lead to improper use by the parties thereby influencing justice and violating principles of law. PROVISIONS OF LAW REGARDING MARITAL RAPE: Section 375 of the Indian Penal Code, 1860 details the provision for marital rape in India which provides detailed charges of rape, however exception (2) of the said section provides that though all acts of sexual intercourse though are charged as rape, one such act by the husband with his wife in consumm...
Read more

CRUELTY AGAINST MEN

Image
CRUELTY AGAINST MEN( MENTAL HARASSMENT) GROUND FOR DIVORCE   Hindu Marriage Act, 1955 has been dealing with cruelty as a ground of divorce regardless of any religious denomination and is available to all sections of society against whom such cruelty has been initiated.  Section 13 of the Hindu Marriage Act provides for cruelty as grounds for divorce which is defined as unjustifiable conduct that may cause danger to life, limb, or health of a person which may be understood as physical cruelty.  Another form of cruelty which section 13 provides for is the mental harassment of a person with the intention of causing distress, discontentment and depression to the suffering party   Cruelty is mostly used as a ground of divorce by women in order to act as a judicial ground for divorce with the balance of the weight turning in favor of the female petitioner in case of divorce.  However, various High courts and even the Hon’ble Supreme Court in various judgements an...
Read more