MACT Case Procedure (Motor Accident Claims Tribunal)

Here’s a step-by-step guide to the procedure of a MACT (Motor Accident Claims Tribunal) case in India, designed for easy understanding and reference:

⚖️ MACT Case Procedure (Motor Accident Claims Tribunal)

Under the Motor Vehicles Act, 1988 (primarily Sections 165–176), Motor Accident Claims Tribunals are empowered to adjudicate compensation claims for death, injury, or property damage due to motor vehicle accidents.

📌 1. Filing the Claim Petition

• Filed by:
  • Injured person
  • Legal heirs of the deceased (in case of death)
  • Property owner (if damage)
• Must be filed before the MACT having jurisdiction over the accident location or claimant’s residence.
• Time limit: Ideally within 6 months of the accident (Section 166(3), though not strictly enforced post 1994 amendment).

📄 2. Contents of the Claim Petition

• Name, age, and occupation of the injured/deceased
• Date, time, and place of accident
• Police report details (FIR, charge sheet)
• Hospital and medical bills
• Insurance details of the offending vehicle
• Details of driver, owner, and insurer

📬 3. Notice to Respondents

• Tribunal issues notice to:
  • Owner and driver of the offending vehicle
  • Insurance company
• They must file their written statement/reply.

⚖️ 4. Framing of Issues

• Tribunal frames points for determination, such as:
  • Was the accident due to rash and negligent driving?
  • Is the insurer liable to pay?
  • What is the quantum of compensation?

🧾 5. Evidence Stage

• Parties present documentary and oral evidence:
  • Medical records, eyewitnesses, accident reports, income proof
• Cross-examination of witnesses

🗣️ 6. Final Arguments

• Both parties make oral or written submissions before the tribunal.

🧑‍⚖️ 7. Judgment and Award

• Tribunal passes an award determining:
  • Liability
  • Amount of compensation
  • Apportionment (if multiple dependents)
• Award is binding unless challenged.

💸 8. Compensation Disbursement

• Usually directed to be paid by the insurance company.
• Paid via cheque or bank transfer to claimant or legal heirs.
• Sometimes kept in fixed deposit for minors or illiterate claimants.

🔁 9. Appeal

• Appeal against MACT award lies to the High Court under Section 173 MV Act.
• Must be filed within 90 days of the award.

📚 Key Legal Provisions