Procedure to file motor accident claim
What is the procedure to file motor accident claim case?
Motor accidents and the claims arising thereof are governed by the Motor Vehicles Act 1988. In the event of an accident the victim must file a petition for compensation before the Motor Accident Claims Tribunal under Section 163 of the said Act, which authorises grant of damages. The said section in Clause (a) lays down that the driver, the owner of the motor, and the insurance company must be made parties to the petition for compensation. The said Act follows a no fault liability regime which mandates the accused to pay compensation even though there was no wrongful intention or negligence on his part.
The Act also lays down in Schedule II an elaborate process to calculate the claims. This process depends of many variables such as age of the victim, medical costs incurred, number of heirs and annual income among others. Lastly there is no limitation to file for compensation and the petition can be filed any time after the accident.
It is suggested in your best interest that you avail the services of an Advocate who specialises in such cases. Use the below link to locate the most apt legal practitioners to assist in your case.
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