A person injured in an accident or their family can seek relief under the Motor Vehicles Act, 1988 (MV Act), through various mechanisms and provisions. Here are the key ways relief can be sought:
1. Filing a Claim for Compensation
The injured party or their legal representatives can file a claim for compensation under Sections 140, 163A, or 166 of the MV Act, depending on the circumstances.
(a) No-Fault Liability (Section 140)
- Compensation is granted on a “no-fault” basis for death or permanent disablement.
- No need to prove negligence or fault of the driver.
- Fixed compensation amounts are:
- ₹50,000 for death.
- ₹25,000 for permanent disablement.
(b) Structured Formula-Based Compensation (Section 163A)
- Claimants can seek compensation based on a structured formula in the Second Schedule of the Act.
- No need to prove fault or negligence.
- Particularly helpful for low-income individuals or cases where fault is unclear.
(c) Fault-Based Claims (Section 166)
- If fault or negligence can be proven, the claimant may seek compensation for:
- Medical expenses.
- Loss of income or earning capacity.
- Pain and suffering.
- Other losses (e.g., damage to property).
- Requires the filing of a claim with the Motor Accident Claims Tribunal (MACT) having jurisdiction.
2. Direct Compensation through Insurance
- Motor vehicles must have third-party liability insurance as mandated by law (Section 146).
- The victim or their representatives can file a claim with the insurance company of the offending vehicle under the third-party liability cover.
3. Hit-and-Run Cases (Section 161)
- In cases where the offending vehicle is unidentified:
- ₹2,00,000 for death.
- ₹50,000 for grievous injury.
- Compensation is paid from the Solatium Fund managed by the government.
4. Interim Relief (Section 140)
- Courts may grant interim compensation while the case is under adjudication.
- This is based on the principle of no-fault liability to ensure timely relief to victims.
5. Conciliation or Mediation
- Claimants may opt for mediation to settle disputes with insurance companies or vehicle owners for quicker resolution.
6. Special Provisions for Road Accident Victims (Motor Vehicle Amendment Act, 2019)
- The Motor Vehicle Amendment Act, 2019 has introduced stricter penalties and higher compensation limits.
- Victims may avail benefits under enhanced legal protections.
Steps to Seek Relief:
- File an FIR: Report the accident to the local police station and obtain a copy of the FIR.
- Medical Records: Collect medical records, bills, and reports for injury documentation.
- File a Claim: File a claim with MACT or directly with the insurance company.
- Legal Assistance: Consult a lawyer specializing in motor vehicle cases for guidance.
Seeking legal help and maintaining complete documentation can expedite the process of securing compensation.
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