In this post we will discuss about MACT Complaint for Compensation wherein The Motor Accident Claims Tribunal, Panchkula has awarded 4.67 lakh compensation to a driver of Haryana Road ways,who suffered injuries in a 2015 mishap.
MACT AWARDS 4.67 LAKHS FOR A DRIVER INJURED IN A ROAD MISHAP.
MACT Complaint for Compensation by Haryana Roadways driver.
The complainant, Khem Chand, 47, of Samlahri village in panchkula had field a claim Against three parties on account of Injuries sustained by him in a motor accident which took place on December 21 2015. chant was serving as a driver in Haryana Road ways at the time of the accident, a monthly salary of rupees 27,000. He said that on that day along with his wife he were going to sector 4, Panchkula, on motorcycle, when they reached Shanghai chowk, Sector 2, a rashly driven scorpio came from the rear and hit the bike. The accused parties include the driver, vehicle owner, and the vehicle insurance company The New India Assurance Company Limited.
The driver and the owner of the vehicle denied that any accident had taken place and said liability if any was of insurance companies. The insurance company alleged that the driver was not holding a valid driving license. it added that the injury sustained by the claimant were due to his own negligence.
Motor Accidents Claims Tribunal has been created by the Motor Vehicles Act, 1988.It has been constituted to provide speedier remedy to the victims of accident by motor vehicles.
Section 165 of MV Act says about when can compensation be claimed : ‘claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both.’
Section 166 of MV Act, 1988 says about who can claim compensation: compensation can be claimed –
– By the person who has sustained injury;
-By the owner of the damaged property;
-By all or any legal representative of the deceased who died in the accident;
-By duly authorised agent of the injured person or all or any of the legal representatives of the deceased who died in the accident.
Section 146 of MV Act lays about insurer : Insurer is also a party to the Claims case. Section 146 of the Act makes it compulsory for the owner of the vehicle to get his vehicle insured against third party risk. The expression ‘third party risk’ is used because the Claimant is the third party as he is neither First Party i.e. the Insurer(the Insurance Company) nor he is Second Party i.e. the Insured(Owner of the Motor Vehicle).
After hearing the arguments the tribunal partly allowed the claim petition. the claimant is entitled To receive a sum of Rupees 4.67 lakh on account of Injuries sustained in the accident in question along with the interest of 7.5% per annum from the date of filing the petition. MACT ordered that the Respondents were jointly liable to pay the relief, to be paid by the insurance company.
This post is written by Revathi Balakrishnan
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