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Ramesh owns two cars and one of his cars met with an accident and contacted the insurance company for making a claim. The insurer conducted an inquiry to check the records and other things and rejected his insurance claim. This troubled him greatly, thus he consulted a lawyer and filed a case in the tribunal for compensation.
Most of us do not want to get into a legal hassle and thus it is in our interest that we know about the salient features of Section 166 of the Motor Vehicle Act, 1988.
The Motor Vehicles Act was first introduced in 1914 to address the grievances of people who wanted to get financial protection in case of accidents. It was replaced in 1934 to regulate road transport. In 1988, the Government of India made some changes in the act to protect the interests of motor vehicle owners.
A motor insurance plan is necessary for you if you have a vehicle be it a two-wheeler or a car. It not only provides financial protection in case of accidents and other damage but is also a legal obligation. The Motor Vehicle Act 166 comes with salient features which look into the interest of the policyholders.
This act comprehensively covers all the aspects of road transport on the roads which ensure the welfare of the third party. If you are severely affected by accidents and injuries, then you can appeal under this act. A motor vehicle tribunal will govern the cases that come under the Motor Vehicles Act, 1988. The primary objective of this tribunal is to ensure the speedy trial of cases to make sure that you get the right justice on time. It deals with the cases that involve injuries, loss of life, or property allowing you to obtain maximum compensation.
The rising number of accidents on the Indian roads is not new. There have been instances of road accidents and accidental deaths caused by rash driving and bad road conditions in the country. Road accidents at times can lead to severe damage to both people and property. The Motor Vehicle Act of 1988 is a legal platform that addresses the grievances of people who suffer losses in such accidents. The MV Act safeguards the interests of the commuters on the road who are innocent and also punishes the offenders. It also ensures that the victims receive the required compensation.
The MV Act prescribes safe road tips and guidelines to maintain while driving a vehicle and addresses the situation aptly in the event of an unfortunate incident. For this, the victim or the party who incurs losses/injuries must apply to the Motor Accidents Claim Tribunal (MACT). The laws about the claimants to apply for road accident claims under MACT are mentioned in section 166 of the Motor Vehicle Act, 1988.
The Section 166 Motor Act 1988 talks about who can apply for compensation in Motor Accidents Claims Tribunal (MACT). It allows you to get a clear picture of the facts in detail that will help file a case in case there is a need.
You can claim compensation for the following cases in the tribunal.
You can claim compensation by applying with either one of the following tribunal locations.
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There is no time limit prescribed by sec 166 of motor vehicle act if you want to file a case. On the other hand, delaying too much will lead to doubts and suspicion in the minds of tribunal members. Therefore, you should file a case as soon as possible that will help receive the compensation in a quick turnaround time. The tribunal will provide compensation in the following cases.
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1. No-fault liability
The no-fault liability in motor vehicle act comes under section of act 140. If you are a claimant, then there is no need to prove that the fault lies with the other party. There is no joint liability and it arises when you are permanently disabled. When your family member dies, then you can claim Rs, 50, 000, and Rs. 25,000 in case of permanent disability.
2. Hit and run
It comes under section 161 of India Motor vehicle 1988 act and you can claim the amount for your injuries when the prime accused runs away from the accident area. You will obtain compensation of Rs. 12500 and your legal representative will get Rs. 25000 upon your death.
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If you are suffering from physical damages due to accidents, then you should know more about the damage assessment in detail. The tribunal will classify the damage under pecuniary damage and non-pecuniary damage. As a victim, you should consult with a lawyer to know the salient features of motor vehicle act 1988 before filing a case. This will help in filing your case with ease.
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If you are a vehicle owner, then you should understand more about third party insurance. It is necessary for you when you have a bike or a car. Your insurer will pay the amount to the third-party when your vehicle causes injury to someone on the road. Most insurance companies offer third-party and comprehensive insurance policy which are available online too.
You should follow the traffic and safety rules while riding a vehicle on the road to avoid fines and penalties.
Also Read: 184 MV Act
The amount that can be claimed as compensation by the claimant from the vehicle owner or the insurer is laid down under section 163A of the MV Act, 1988.
Here are the offenses mentioned u/s 166 of the MV Act:
The compensation provided to the victims who suffer in an accident depends on the condition of the injury and other factors. According to the circumstances and the provisions, the claimants are paid a claim. Here are some general points considered:
There is no prescribed time limit for the claimant to apply for a claim. However, it is best to do so within a reasonable period. Delaying the process unnecessarily may raise doubts in the MACT.
Compensation is provided to the claimant by the MACT under the below conditions:
The bottom line
The Indian mv act 166 is mainly meant for regulating road transport and they need proper implementation to bring down the increasing number of accidents. If you are a vehicle owner, then make sure that you follow the rules and do not cause any disturbance to others on the roads. Getting the right insurance policy is also mandatory under the Motor Vehicle Act. Understanding the motor vehicle act and things related to motor insurance is made easy with PayBima expert team. The team provides assistance in ascertaining the right insurance option for your on-road needs.
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Section 166 of the MV Act was first initiated in 1914.
The act considered two areas of an accident that may have caused injury and damage to people and property. They are – taking appropriate action against the culprit who is involved in the accident and offering compensation to the victim.
Yes, taking pictures or creating videos of the accident scene is important if you are the victim. Pictures or videos taken by bystanders are also good for the police to verify the situation of the accident and help in the investigation.
Yes, calling the police under feasible circumstances is better. The call can be recorded and used as evidence later.
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