Listed below are some important decisions on ” Filing of the claim Petition” with respect to Motor Accidents Claims in the tribunal (MACT)
FILING OF THE CLAIM PETITION:
Filing of claim petition & P.F. etc not necessary. Girraj Prasad v. Qamar Ali Begh, 1(2004) ACC 160 Raj.
Death due to negligence of deceased driver – Award u/s. 163 – A is maintainable. Kanhiya Lal v. Sita Bai, 1(2004) ACC 176 M.P.
S.163 A. M.V. Act – The claim under is final based on structural formula. Deepal Girishbhai Soni v. United India Ins. Co. Ltd. Baroda, 1(2004) ACC 728 S.C.: AIR 2004 SC 2107.
Petition filed under section 163 – A can be counted to one under section 166 M.V. Act. U.P. State Road Transport Corp. v. Smt. Madhu Sharma, 3(2003) ACC 717 ALL.
Joint petition of a single occurrence is permissible. Ravindra Kumar Mishra v. Dular Ram, 3(2003) ACC 498 Chh.
Petition dismissed for non-prosecution – Claim petition restored on application being no time limitation for filing the same. Vimla Devi v. Majeed Mistri, 1(2003) ACC 127 Raj.
Ss. 166 and 163 – A of the M.V. Act both not maintainable at the same time. New India Ass. Co. Ltd. v. Kankuben Lakhabhai Bhil, 1(2003) ACC 103 Guj.
Ss. 163A and 166 of M.V. Act.- In petition U/S. 166 the second Schedule is not applicable but it can be used as a guideline. Smt. Supedei v. National ins. Co. Ltd., JT 2002(Suppl.1) (SC) 451.
Amendment in the petition – Petition field U/S. 163 – A of the Act but the claimants wanted to file the same U/S. 166 M.V. Act. Amentdent prayed – Allowed. United India Ins. Co. Ltd. v. Mokkala Chandramma, 2(2002) ACC 326 A.P.
SS.163 AND s. 168 M.V. Act. – The compensation U/S. 163 (A) M.V. Act is in alternate to S. 168 and not in addition to it. The Oriental Ins. Co. Ltd. v. Hansraj Bhai, JT 2001(4) (SC) 477: AIR 2001 SC 1832.
Amendment of claim petition – The application under Order 6, Rule 17 of the C.P.C. is to be filed. Krishna Devi v. Hardev Singh, 1(1999) ACC 46(P&H).
When the substance of the petition is sufficient to continue the proceedings, the wrong drafting cannot be made the basis for dismissal of the petition. 1(1997) ACC 423.
The police is bound to send the information to the MACT and the MACT is bound to take action accordingly, for awarding due compensation to the victims of the accident. Thus non-filing of the claim petition is immaterial. 1(1996) ACC 45: 1990(1) ACC 109, 111, 202: 2(1992) ACC 231.
Pleading – Proforma respondent can also be dependent and he/she can also be given the compensation. 2(1996) ACC 457.
Fee on claim petition – only 10/- stamp is required under the Act. 1(1995) ACC 507.
Joint petition can be filed if many persons injured or died in a common accident.
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