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Obligations under MACT

What obligations does law mandates under MACT?

The owner of a vehicle is legally responsible for any harm or damage to a third party's life or property that results from the usage of a vehicle, which is why the law requires the Liability Only Policy, often known as Third Party Insurance. According to the legislation, it is an offense to drive in public locations without third-party insurance. The third-party insurance is intended to cover harm to another person's body, car, or property caused by the insured's vehicle, making the injured third party the insurance's intended beneficiary.

A third-party claim- What is it?

A third-party claim is made when another person's body, property, or vehicle is damaged or injured as a result of an accident. You must make sure the collision is reported to the police, your insurance company, and any other parties involved as soon as possible in cases where your car was either the cause of the accident or was engaged in one. When you are a victim in an accident involving another person's vehicle, you must get the details of that vehicle (owner, registration number, insurance company, etc.) and notify both the police and the insurer of that vehicle. A third party may make a claim under the third party insurance for compensation for harm, death, and property damage. In response to such a claim, a third party may bring an action in the Motor Accidents Claims Tribunal (MACT) against the owner, operator, and insurer of the vehicle.

  • In the event of an injury, the sufferer may seek compensation for any physical disfigurement, medical costs, lost wages, etc.
  • In the event of death, the decedent's dependents may file a claim for compensation for things like funeral costs, lost income, loss of consortium, love and affection, and medical costs.
  • A surveyor's report, the original invoices from any authorized garage, and a motor vehicle inspection report are needed to calculate the loss when there is property damage.

Describe MACT

The Motor Accidents Claims Tribunal (MACT) is a specialized court that hears claims made by accident victims or the dependents of the deceased against the driver, the owner of the vehicle, and the insurance provider in question. As a result, MACT handles cases involving injuries, property damage, and claims relating to losses of life.

Who may submit a petition for claim under the MACT?

The legal dependent of the deceased, the owner of the damaged vehicle, or the victim himself or through an advocate, as applicable, may all submit a Claim Petition with the MACT.

What is MACT's territorial jurisdiction?

According to the law, a claim petition may be submitted to the Claims Tribunal with jurisdiction over the region where the accident happened, the claimant's local jurisdiction, or the defendant's local jurisdiction.

What are the fundamental steps in filing a claim petition?

The first step in the procedure is to report the accident to the police in order to receive a charge sheet. The criminal aspect of the offense will then begin. This is a crucial phase since the charge sheet and the investigation report that is produced here will be used as evidence in the MACT. To file a claim petition with the Motor Accident Claims Tribunal, speak with a lawyer next.

What constitutes the liability to pay compensation upon no liability principle?

The legislation also establishes the obligation to pay damages in situations where a motor vehicle accident results in death or permanent disability without the driver's or owner's negligence. The owner or owners in this case will be responsible for paying the set compensation jointly and severally. For the aforementioned reason, a separate application must be submitted in addition to the initial claim.

What paperwork’s should be filed with the claim petition?

  • A copy of the accident's FIR that was filed.
  • A copy of the post-mortem report, the death report, or the MLC, as appropriate.
  • Evidence of the victim's age
  • Documents proving the claimants' relationships to the deceased and their identification in a death case.
  • Original receipts for payments made for the treatment, along with a record of those payments.
  • Proof of the wounded person's income and educational background.
  • Certificate of Disabilities, etc.

What should one do if someone hits you and run?

When it is impossible to determine whose motor vehicle caused the collision, the law has set procedures to safeguard the victims' rights: HIT AND LEAVE. a unique Solatium Fund to which the General Insurance Companies make contributions. The Claims Enquiry Officer of the Sub-Division or Taluka where the accident occurred must receive an application from the victims, their legal representatives, or their dependents. The claims must be processed and approved for payment after the proper procedure inquiries have been made.

How can Estabizz assist you?

  • We will help you submit the Claim Petition and the other paperwork to the court with the appropriate jurisdiction.
  • You will be given a case manager who will serve as your main point of contact throughout the entire trial.
  • You will be kept informed of the status of the case during the entire trial, up until its conclusion.
  • To ensure that you have no issues, we will monitor the lawyer who has been assigned to you.

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