Motor Accidents Claims Tribunal MACT Jurisdiction

Given below are some judgments related to Motor Accidents Claims Tribunal  MACT  Jurisdiction

 MACT Jurisdiction

Death due to the collapse of the school building managed by the village education committee constituted by the Govt. State is liable to pay the compensation. Dharandhar Panda & anr. V. State of Orissa & Ors. 1(2005) ACC 333 Orissa

 Bomb blast in the procession. Govt.’s duty to maintain law and a order and hence. The State is liable for granting the compensation. Ashwani Gupta v. Govt. of India & Ors. 1(2005) ACC 361 Delhi

 

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Bomb blast in the bus- Insurer liable to pay the compensation to the claimants. National Ins. Co. Ltd. v. Shiv Dutt Sharma 1(2005) ACC 473 J&K.

 Accident- Murder is also an accident. U.I.I. Co. Ltd. & Ors. v. Ummadi Shankunthala & Ors. 1(2005) ACC 112 A.P

 

Traveling in the bus – Suit case fell on the leg due to the sudden brakes. Fracture of the leg. It is accidental injury. Oriental Insurance Co. Ltd. v. Arun Dutta, 3(2003) ACC 444 Gau.

Jurisdiction: Where there is involvement of the Motor Vehicle in the accident, the MACT has the  jurisdiction to decide the claim petition. The subsequent finding that it was not the M.V. negligent but accident occurred due to some other reasons may be the negligence of the train. The jurisdiction of the MACT is not to be ousted. U.O.I. v. Bhagwati Prashad, 2002 SCC (Cri.) 694: JT 2002(3) (SC): AIR 2002 SC 1301.

 If only the train is responsible for the accident between the bus and the train, the claim will lie before the Railway Tribunal only. G.M.N.F. Rly. Maligaon Guwalati. V. Jitendra Shah, JT 2000 (1) (SC) 189: AIR 2000 SC 3398.

 Traffic Jam – Is illegal. High court of judicature at Allahabad v. State of U.P., 1(1999) CCR 552 HC.

 Stationary Vehicle – employee workman of the vehicle was trying to tie the wet rope over the vehicle which got current due to striking with some electric wire passing over the vehicle and thus sustained injuries – The incident falls under the M.V. Act. 1(1996) ACC 24.

 Damage caused by the electric lines due to the maintainability – For compensation the writ has to be filed. 1(1995) ACC 88.

 Jurisdiction will be decided by the incident and not by the agreement made. 1(1995) ACC 201.

Damage to the goods to be transported. The place where the agreement was made and the places where such co. has sub branches have the jurisdiction to try the case. 1(19995) ACC 201.

Jurisdiction – Bus. & Train accident – After the matter is beyond the scope of both the tribunals the Civil Court is the competent Court to entertain the matter. 2(1993) ACC 174.

Jurisdiction – Cleaner of the vehicle gets injured due to the negligence of the driver of his own vehicle, matter will lie for claim in the jurisdiction of MACT. 1(1993) ACC 498.

 Reverse – W.C. ct will be attracted and not the MACT.2 (1992) ACC 44; United India Insurance Co. Ltd. v. parveen & Ors. 2(1998) ACC 220.

 MACT Jurisdiction – One cannot apply for compensation before both the agencies i.e. MACT and the W.C. Act The choice of one is that of the petitioner. 2(1992) ACC 677, 686.

 Reverse – Can apply before both. 1(1996) ACC 577.

 Explosion in bus/School bus – is covered by the jurisdiction of the MACT Samir Chanda v. M.D. Assam State Transport Corp, 2(1998) ACC 333 (SC): 2(1991) ACC 231: AIR 1999 SC 136.

 Fire spread in the patrol which was already spread as a result of vehicle falling due to accident causing the loss of life. Covered by the MACT 1991(1) ACC 460: 2(1991) ACC 306 (SC).

 Amendment of the Act is prospective in nature. 1990(1) ACC 282.

Related Laws

Motor Vehicles Act 1988

About the Author

- Vakilno1 is a group of Law Enthusiasts and Legal Experts in India with a passion to provide the latest info and articles on Indian Legal System

Displaying 16 Comments
Have Your Say
  1. sir,I want to know whether a lawyer who is accused in a criminal case U/S. 143,252,394,506 I.P.C. can conduct his own case to assist his engaged lawyer, if so, please inform me in detail.

  2. Jastej S (Team Vakilno1) says:

    Yes the lawyer/accused can certainly assist the already engaged lawyer in this regard.

  3. A P says:

    Sir,We are from Gujrat. My brother met with a bike accident in Andhra Pradesh where a vehicle ran over him from behind.He has lost 3 toe fingers and other permanent damage to his leg The medical report states he was dizzy and irritated when he was brought to the hospital.Major portion of the money was payed by his company.Its been 2 years and now the lawyer says that the opposite party is refusing to pay the compensation because the company has paid for the hospitalization expense for an out of court settlement hence the lawyer has decided to fight in the court… i smell something fishy and don’t know anybody in AP who could do the follow ups … PLEASE HELP

  4. Rajesh says:

    Dear A.P,
    The best remedy for this would be you go AP and collect all the papers and orders of the Tribunal after verifying the same if you feel that there is something wrong than you have two options: Change the lawyer and engage a new one or appear in person and plead your case.

    Also if settlement is arrived at and you were not aware of the same, address it to the tribunal. Also if you feel your Advocate has done something wrong please write to the respective bar and address your grievance and also address it to the tribunal.

    Having said that:
    You should always trust your advocate blaming the advocate is not going to take you anywhere and do not sign any document or paper unless you fully understand the contents of the same.

    The above advice is subject to corrections from my Ld. Collegues.

    Adv. Rajesh Inamdar
    Supreme Court of India
    New Delhi
    07838213503

  5. SANTOSH says:

    Sir, I was hit by a scooter while alighting from bus on 13.08.2013, pAREL, mUMBAI. I COULD NOT GET UP AND I WAS IN SEVERE PAIN.I was taken to KEM HOSPITAL WHERE THE DOCTOR SAID THAT THEIR WAS NO FRACTURE AND THAT I SHOULD TAKE COMPLETE BED REST FOR I WEEK AND IF PAIN PERSISTS I SHOULD GO FOR AN MRI. THE BUS CONDUCTOR AND VEHICLE OWNER WERE THERE WITH ME. SINCE THE DOCTOR SAID THERE WAS NOTHING TO WORRY I SIGNED A NO LIABILITY LETTER AT THE LOCAL POLICE STATION. HOWEVER 2 DAYS LATER IN 15TH AUGUST BECAUSE OF INCREASED PAIN IN THE BACK I WENT TO A NEARBY ORTHOPAEDIC CENTRE WHERE I WAS DIAGNOSED WITH COMPRESSION FRACTURE OF THE THORACIC AND LUMBAR VERTEBARE. I WAS BED RIDDEN FOR 6 WEEKS AND ALSO SUFFERED FROM LOSS OF INCOME. BESIDES THE FEAR AND DAMAGE WILL BE THERE LIFE LONG WITH ME. IS THERE ANY WAY I CAN TAKE ACTION AGAINST THE DRIVER OR GET COMPENSATED. PLEASE ADVICE.

  6. bally mehta says:

    querry

  7. bally mehta says:

    deceased died in accident in china under working visa, 2 years during subsistence of policy type Star Pravasi Bharatiya Bima Yojana Policy having special condition as – said policy applicable to only emigrants who require (ECP) endorsed on passport with liability uptill 10.00lacs,co. denied claim, since, cause & nature of death is unexplained.

  8. vinoth kumar says:

    Dear sir,
    I am vinoth kumar from tamilnadu residing near by Chennai. I met an accident on 4-01-2011 while riding my bike a lorry hit me back and ran above me at 9.45pm. Those who saw the accident make a call to the police, ambulance and to my wife and sent to the near by hospital(Sri Ramachandra Hospital).In that accident I lost my both legs above knee(now iam a 100% disability person).

    I filed a case at madras high court on may 2011.claim a compensation amount of Rs. One crore. As on now all cross verifications and arguments are finished.

    The following are the original bills that I have
    Sri Ramachandra total bill amount – Rs.7,49,178/-
    special bed and cot – Rs. 11,272/-
    Toilet chair and wheel chair – Rs. 11,200/-
    Aritificial leg and transport charge for practice – Rs.11,28,400/-
    ———————-
    Rs.19,00,050/-
    ———————–
    At the time of accident I am aged 29Yrs(DoB 25/5/1981) working as a stores manager in pvt pharmaceutical company of getting salary Rs.11,925/– per month.

    Dependents are on 2013

    Wife – 24 yrs
    Daughter – 1 year 10 months
    Father – 58 yrs
    Mother – 54 yrs

    I need a clarification of what compensation at what inerest can I able to get

    Someone tells there is no possible to get the artificial leg amount is this true?

    Kindly give me a clear picture.

    Thanks & reards
    B.Vinoth kumar

  9. I was going throgh an Auto in Dehradun on 18.01.14, when a Bolero, overtaking a bus and being driven carelessly, dashed my Auto headon, in which I sustained severe injury (PCL Avulsion) in right leg Knee. I am still under treatment and bed ridden. After returning to Patna (my home town), FIR was registered at Paras Hospital on 25.01.14. I want to know, whether a damage suit can be filed against erring Bolero Owner in Civil Court / High Court Patna. Please also advise me, how to proceed in the matter further.
    Regards,

  10. Bssnraju says:

    You please obtain certified copies from concern police station like FIR,Mvi report,wound certificate,charge sheet,policy copy,etc.. And file petition before Motor vehicle Tribunal and claim compensation as per sec 163 or 166 of mv act.you please furnish relevant record,and disability certificate along with the petition.i think you are owner cum driver.your injury is very greviou in nature and functional disability to the limb.so you will get good compensation.If the owner having insurance policy ,the insurer will pay the compensation.

  11. adv. sachin says:

    In macp case insurance comp. Denied the insurance of vehicle. But i got certified copy of policy after the judgment. Now the execution is filed against the owner only as the insurance com is delited in judgment.
    Pls suggest me the correction action.

  12. Bssnraju says:

    The important issue whether the policy covered the risk and if it is covered you may file appeal and file policy copy to recieve as additional evidence. MV Act is beneficiary legislation CPC and Evidence act not strictly applicable.

  13. balu says:

    I was on my way to office a 65 years old person was crossing the road an auto has took a cut infront him by seeing that the old man suddenly moved back and was hit with my bike because of heavy traffic I was on 35 to 40 speed. I took the person to Hospital and admitted him in the Hospital within the presence of his family members. Later after 11 days the person died because of Heart attack the police called me and told that the deceased has died because of injuries on left side but what I got to know from hospital while joining was he got left hip injury and told to doctor to go for surgery. I was shocked what police said and went to court next day and got the bail.The case booked under section 304a.

    I want to know is this is a criminal offense, will it affect my career when companies mention do you have any criminal record should I mention yes now and also after completion of case.

    There is no eye witness too when I was taking the person to hospital around 10guys came to me and asking for money I told that i will take him to hospital and will treat him they were coming on me so I went to police that the person has injured and some guys are coming on me but the police lodged a complaint on me instead of stopping those guys.

    If I compromise with them now will there will be any charge sheet filed on me.
    Please guide what should i do now how many days it takes

  14. Sir,
    Kindly send me decision on
    4 persons journey in the Auto-Rikshaewa. In the mean time an Unknown Truck came on high speed and dashed to Auto-rikshawa on head collusion and fled away in which Truck not trace out. the alleged Auto-Rikshawa has valid insurance, driving licence etc.
    I filed claim against auto- rikshawa as its negligence he must have to take proper care, and as inside passangers I claimed.
    In G.R. record police make final report on his investigation.
    So sir, how can I establish my claim against Alleged auto and also kindly send me some latest decisions on this matter, and obilige.

  15. Sakthi says:

    Respected sir, i am sakthi from tamilnadu. My friend met an accident when he driving his motorcycle and he fell down on the road due to bad condition of road maintained by NHAI. They dig a big hole on the centre of the road to build toll gate and there is no light on that area and it was night time. He was admitted in hospital and he went to coma stage. After two days he died. He had one female child in the age of 10. Govt give 25000 rupees for his family. Oriental insurance gives 1 lakh after 2years from the date of death. Now his mother and father also died. His wife now lead a very poor life with her female child. Can we file a case to get claim. Accident held on august 2010. Please reply ASAP. Thanking you

  16. MANURAJ says:

    Sir,

    On 13/1/2015 ,my dad was standing at Kashimira Junction near Kashimira Police Station Mira Road when a BEST bus collided with a mini goods carrier tempo and the tempo went and hit my dad.
    He was hospitalised to the nearest accident hospital in ICU
    INJURIES:
    14 fractures in the RIBS
    Fragmented Right Scapula Bone and Collar Bone
    An injury on head below right ear.

    Today is the 12th day and he is in ICU.

    Police has registered An FIR against the BEST driver.

    but nothing else has been done.

    The hospital expense is already 4.5 lacs. and we stay in a Rented (rs.10000) appartment in mra road.

    My dad was the solebread earner for my family.

    Kindly assist me how to proceeed with the case. and which advocate to approach. Will we be entitled for claim????

    and when to file a case?

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