Motor Accident Claims Tribunal

The number of people killed in road accidents is increasing day by day. The main source of these helpless people and their dependents is the compensation they are entitled to receive under the law. But since 1956, the law on compensation for road accidents has been evolving. It was in this year that the legislature amended the Motor Vehicles Act, 1939 by inserting several new sections.  

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Over the year's many other changes followed a new Motor Vehicle Act,1988, replaced the old one. There are various new rights created by the Motor Vehicles Act, 1988, to claim compensation for death or personal injury caused by an accident resulting from the use of a motor vehicle.

The Motor Vehicle Act 1988 does not provide any guidance for identifying the items of loss to be compensated; nor does it set criteria for calculating the quantum of compensation for each element of loss. 

 

Overview of the provision of the law

 

An attempt was made to do a comprehensive review of all aspects of the Traffic Accident Compensation Act following the new Act of 1988. Act to Consolidate and Amend the Motor Vehicle Act. It will be promulgated by parliament in the thirty-ninth year of the Republic of India as follows. The purpose and reason for the law were that the Motor Vehicle Law, 1939 (4 of 1939), consolidates and amends the Motor Vehicle Law. This has been modified several times to keep it up to date. However, it was deemed necessary that this law henceforth takes into account, among other things, the evolution of road transport technology, the configuration of the movement of passengers and goods, the evolution of the country's road network, and in particular improved techniques in management of motor vehicles in the country.

After the entry into force of the Motor Vehicle Act 1988, the government received several representations and suggestions from the state government carriers and members of the public as to the inconvenience they face as a result of the application of some of the provisions of the 1988 Act.

 

New developments

 

There have been important suggestions made by the Council for Transport Development, regarding the introduction of new types of vehicles and the rapid increase in the number of commercial and personal vehicles in the country. Provide adequate compensation to victims of road accidents without entering into long-term proceedings, Protect the interests of consumers in the transport sector, be concerned with road safety standards, the transport of dangerous chemicals and the fight against pollution, delegation of increased powers to the national transport authorities and rationalization of the role of the public authorities in certain areas, the simplification of procedures and the liberalization of policies in the field of road transport, the strengthening of sanctions for those who violate the code of the road.

The report recommended that any claims be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or operates or within the local limits of whose jurisdiction resides the defendant, at the choice of the plaintiff. 

 

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