Motor Accident Claims Tribunals

Motor Accident Claim Tribunal

Motor Vehicle Act Accident Claim( Motor Vehicle Accident Claims Act) under Motor vehicle Act, 1988:

The Motor Vehicle Act for accidents, 1988 provides provisions related to motor vehicle act accident claim (or motor vehicle accident claims act) for losses that occurred due to a motor accident to person (self) or other (third party). In the case where a third party claims the damage, the report of the accident should be reported or given to the nearest police station and then to the insurance company. Whereas, in case of a self claim, as of motor vehicle accident law the person shall have to inform the insurance company and the police before the damage gets fixed. However, an application for motor vehicle act accident claim (or motor vehicle accident claims act) under Motor Vehicle Act for accident, 1988, can be made or filled by the owner himself, or else in case of the death of the owner the nearest kin of the deceased is legally entitled to make such application. Further, the accident victim, having age less than the age of 18 years, cannot go for an accidental claim on its own but can go through a lawyer.

However, Application for motor vehicle act accident claim(or motor vehicle accident claims act) compensation before the Tribunal may be made by the accident victim himself or by the owner of the vehicle or in case death has been caused due to application for motor vehicle act accident claim can be made through the legal heirs of the deceased or all or any person duly authorized by the person injured or by all or any of the legal representative of the injured person. Whereas the person, who himself is responsible for reckless and careless driving, will not be entitled to claim compensation.

MACT Courts are presided over by Judicial Officers from Higher Judicial Service. Now these Courts are under direct supervision of the Hon’ble High Court.

The following documents should accompany the petition: -  

1.	Copy of the FIR registered in connection with said accident, if any.
2.	Copy of the MLC/Post Mortem Report/Death Report as the case may be.
3.	The documents of the identity of the claimants and of the deceased in a death case.
4.	Original bills of expenses incurred on the treatment alongwith treatment record.
5.	Documents of the educational qualifications of the deceased, if any.
6.	Disability Certificate, if already obtained, in an injury case.
7.	The proof of income of the deceased/injured.
8.	Documents about the age of the victim.
9.	The cover note of the third party insurance policy, if any.
10.	An affidavit detailing the relationship of the claimants with the deceased.