Motor Accidents Claims – Filing of the claim Petition

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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  1. […] Motor Accidents Claims – Filing of the claim Petition […]

  2. prasad says:

    thank you it useful and nice

  3. subbarao says:

    court fee is not Rs. 10/-. it depends on the amount of claim.

  4. K.P.JAIN says:

    Dear sir,
    Please advise who will file claim petition on behalf of injured his wife or his son or his father when injured is not mentally fit i.e. unfit or not having sound mind after the road accident by a motor vehicle.
    Thanks & Regards
    k p jain

  5. Jastej S (Team Vakilno1) says:

    If the person was mentally unsound before the accident, then there is not much scope of any compensation unless you prove that the unsound person was earning before the accident. If the person becomes unsound after the accident, then he can file the claim petition through his legal guardians.

  6. Dear Sir,
    A bikeman was going to his home at night. A truck was stand on the road against traffic rules without lighting. suddenly bikeman has get collision in truck. the bikeman had die on the spot. can gardian filed the claim pettion ? if yes then tell me in what section and judgement
    regards
    krishna gopal sharma
    09412277064

  7. Jastej S (Team Vakilno1) says:

    The dependents of the deceased people can file a case against the the owner, driver and insurer of the truck under the MOTOR VEHICLES ACT 1988

  8. haja says:

    oral mortgage is legal one or not in india madras state?

  9. suj says:

    if owner dies int accident can he claim for comepnsation

  10. suj says:

    if the owner of the car dies in the road accident, can his heir claim compensation

  11. kripya says:

    CAN A DECEASED PERSON GET COMPENSATION UNDER MOTOR VEHICLE ACT IF HE HAD BEEN DISMISSED FROM HIS EMPLOYMENT ON THE GROUNDS OF HIS PREVIOUS EMPLOYMENT? IN OTHER WORDS CAN COMPENSATION BE CLAIMED ON THE BASIS OF INCOME HE EARNED IN HIS EMPLOYMENT HE WAS DISMISSED FROM?

  12. ANIL says:

    CAN A INJURED PERSON GET COMPENSATION UNDER MOTOR VEHICLE ACT IF HE HAD BEEN DISMISSED FROM HIS EMPLOYMENT ON THE GROUNDS OF MEDICAL CONDITION (SPINAL CORD INJURY) WHICH RESULTED DUE TO THE ACCIDENT WITH OVERSPEEDING CAR? IN OTHER WORDS CAN COMPENSATION BE CLAIMED ON THE BASIS OF INCOME HE EARNED IN HIS EMPLOYMENT HE WAS DISMISSED FROM?

  13. ashoksharma says:

    very informative& practical.

    pl. inform if any form is to filled for filing the claim.

  14. Your Name... says:

    if the petitioner who riding the bike having over load then he injured, can clam

  15. M M Batra says:

    My father had met with a road accident on 01.01.1980. He was on a bicycle and was hit by a private bus from the back while on road.I believe, no case was lodged under MACT. Please enlighten me as to the petition, in such cases, should have been lodged within how many years?

  16. sarin says:

    Sir, What is the time duration to file a claim petition from the time of accident?

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