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All you need to know about MACT( Motor Accident Claims Tribunal)

Shreya Kapil
Shreya Kapil
  • Apr 24, 2023
  • 9 min to read
All you need to know about MACT( Motor Accident Claims Tribunal) Kapil

 

Motor Accident Claim Tribunal (MACT) is a tribunal that was established in India to adjudicate claims of victims of motor accidents. It is a part of the Motor Vehicles Act, 1988. It was created to provide an efficient and speedy resolution of motor accident claims across India. The primary objective of the Motor Accident Claim Tribunals is to adjudicate the claims of victims of motor accidents and to provide them with timely compensation. The tribunals are empowered to award compensation to victims of motor accidents. The amount of compensation awarded is based on the facts of the case and the evidence presented. The Motor Accident Claim Tribunal (MACT) is a quasi-judicial body constituted under the Motor Vehicle Act 1988, and it has the power to adjudicate any claim for compensation arising out of a motor accident. The tribunal is composed of a presiding officer, who is usually a District Judge or Additional District Judge, and two assessors, who are usually retired government officers. The Motor Accident Claim Tribunal hears claims relating to motor accidents, including those arising out of death, injury, or damage to property. The tribunal has the power to award compensation to the victim or their family. The amount of compensation awarded depends on the severity of the injury or the damage to the property. In order to make a claim before the MACT, the claimant must first file a claim form with the tribunal. The claim form must include details of the accident, the injuries or damage caused, and the amount of compensation sought. The claimant must also attach relevant documents such as medical reports, insurance policies, and other documents to the claim form. Once the claim form has been filed, the MACT will set a date for hearing the case. The hearing will be conducted in the presence of the claimant, the respondent, and their legal representatives. The tribunal will then examine the evidence presented by both sides and decide whether the claim is valid or not. If the claim is valid, the tribunal will decide the amount of compensation to be awarded. The Motor Accident Claim Tribunal can also order the respondent to reimburse the claimant for all the expenses incurred due to the accident, including medical expenses and loss of wages. The tribunal also has the power to order the respondent to pay the claimant an amount of interest on the compensation awarded. The Motor Accident Claim Tribunal also has the power to impose penalties on the respondent for failing to comply with its orders or for not appearing at the hearing. These penalties may include fines, imprisonment, or both. The Motor Accident Claim Tribunal is an important institution in India, as it provides timely and efficient resolution of motor accident claims. The tribunal has the power to award compensation to victims of motor accidents and to impose penalties on the respondents for failing to comply with its orders. The tribunal also has the power to order the respondent to reimburse the claimant for all the expenses incurred due to the accident.

 

Documents required in filing claim before Motor Accident Claim Tribunal [MACT]:

Motor Accident Claim Tribunals (MACT) are special courts set up by the government of India to hear and dispose of claims arising out of motor accidents. They have jurisdiction over cases involving death or injury of persons, or damage to property, caused by motor vehicles. The Motor Vehicles Act, 1988, lays down the procedure for filing a claim in a MACT. As part of this procedure, claimants must submit certain documents as evidence of their claim. The documents required for filing a claim in a MACT vary depending on the circumstances of the case. Generally, the claimant must submit a copy of the FIR (First Information Report) registered against the driver of the offending vehicle, a copy of the Registration Certificate of the vehicle, a copy of the Insurance Certificate of the vehicle, and an estimate of the repair cost of the damaged property. In cases involving death or personal injury, the claimant must submit a report from a medical practitioner detailing the nature of the injury and the medical treatment given. The claimant must also submit a copy of the death certificate, in case of a fatal accident. If a minor is injured in the accident, the claimant must submit a copy of the birth certificate of the minor. In addition, the claimant must submit a copy of the driving license of the driver of the offending vehicle, as well as a copy of the license granted to the vehicle. The claimant must also submit copies of the insurance policies covering the vehicle and the driver, if applicable. If the claimant is not the owner of the vehicle, he must provide proof of ownership. This can be done by submitting a copy of the sale agreement between the owner and the claimant, or by submitting a copy of the transfer deed of the vehicle. The claimant must also submit a copy of the legal notice sent to the owner/driver of the offending vehicle, and any reply received. In cases where the offending vehicle is not traceable, the claimant must provide a No Trace Certificate from the police. Finally, the claimant must submit an affidavit, stating the facts of the case and the amount of compensation being claimed. The affidavit must be signed by the claimant and a witness. The witness must be a person who is unrelated to the claimant and has knowledge of the accident. These documents must be submitted along with the application form to the MACT. The Tribunal will examine the documents and decide on the merits of the case. If the court is satisfied that the case is valid, it will grant compensation to the claimant.

Shreya Kapil
Shreya Kapil

We have extensive experience handling a broad spectrum of cases on both the original and appellate jurisdiction relating to Civil, Criminal, Arbitration, and General litigation matters, with regular appearances before various courts, such as the High Courts, subordinate courts in several states, administrative authorities and regulators, including the Central Administrative Tribunal, National Company Law Tribunal, National/State Consumer Disputes Redressal Commission, Debt Recovery Tribunals etc

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February 14, 2019

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Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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