Law Relating to Motor Accident Claims - A Ready Referencer with Latest Judgements

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Description
This is the first Referencer published by the Delhi Judicial Academy and it is also the first Referencer on Motor Accident Claims in India. Hitherto it used to take a long time before the victims of road accident could receive the claimed amount as nobody seemed to understand the plight of the persons injured in a road accident or the family of the person who may have died in such accident when they filed a claim for compensation in such cases. The victims or their families were put under unduly harsh burden of proving their claims which they were unable to discharge most of the times due to lack of wherewithal to do so.
Hon'ble Justice J.R. Midha, Judge, High Court of Delhi, was appalled by long delays in settlement of claims and moved by the plight of victims when he heard appeals against the orders of the MACTs. He seized the opportunity of bringing about change when he found that the police had not been filing the Accident Information Report within thirty days as prescribed by the new provision added to the Motor Vehicles Act, despite the directions from the Court to that effect too. The Police became willing to make amends when faced with this realization.
Hon'ble Justice Midha has remained concerned about the subject even after he ceased to preside over MACT appeals. He continuously attends the programmes on MACT of the National Judicial Academy and other bodies to generate thought and initiative for development or adoption of similar procedure by judges in other jurisdictions in India. This Referencer is the result of his incessant work, command over the subject, and commitment to ameliorate the plight of poor victims of road accidents. The Delhi Judicial Academy has joined hands with him in this endeavour.
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Contents
Chapter 1 : Role of Police n Motor Accident Claims
Chapter 2 : Role of Motor Accident Claims Tribunal
Chapter 3 : Role of Insurance Companies in Motor Accident Claims
Chapter 4 : Special Scheme for Settlement of Motor Accident Claims Within 120 Days
                    Under ‘Claims Tribunal Agreed Procedure’ Approved by Delhi High Court
Chapter 5 : Computation of Compensation
Chapter 6 : Appeals and Cross-Objections
Chapter 7 : Delhi Motor Accident Claim Tribunal Rules, 2008
Chapter 8 : Sovereign Immunity: Not Applicable in Accident Cases
Chapter 9 : Suggestions for Settlement of Claim Cases
Chapter 10 : Suggestions for Amendment of Law Relating to Motor Accidents in India
Appendix 1 : Accidents Information Report  under Section 158(6) and its Cognizance by
                      the Claims Tribunal under Section 166(4) of the Motor Vehicles Act, 1988
Appendix 2 : Special Scheme for Settlement of motor Accident Claims within 120 Days
                      along with “Claims Tribunal agreed Procedure” approved by Delhi High Court
Appendix 3 : Scope of Inquiry by Claims Tribunal under Sections 168 & 169
                      of The Motor Vehicles Act, 1988
Appendix 4 : Protection of Award Amount
Appendix 5 : Deposit of Award Amount and Interest
appendix 6 : Award of Legal Costs
Appendix 7 : Prosecution of Owners/Drivers of Uninsured Vehicles under
                      Section 196 of the Motor Vehicles Act, 1988
Appendix 8 : Prosecution of Holders Forgers of Fake Driving Licences
Appendix 9 : Suggestions for Amendment of The Motor Vehicles Act
Appendix 10 : Liability of Insurance Company in Respect of a Pillion Rider on a Two-wheeler
                        and Occupants in a Private Car under comprehensive/Package Policy
Appendix 11 : Plea of sovereign Immunity not Sustainable
Appendix 12 : Computation of Compensation in Cases of Death
Appendix 13 : Computation of Compensation in Cases of Injury
Appendix 14 : Enhancement of Compensation in the Absence of Cross-Objections
Appendix 15 : Frivolous Defence Raised By Insurance Company
Appendix 16 : Delhi Motor Accident Claims Tribunal Rules, 2008
Appendix 17 : Expert Committee Report on the Review of the Motor Vehicles Act, 1988
Appendix 18 : Road Accidents in 2011, Ministry of Road Transport & Highways, Government of India
Appendix 19 : Global Status on Road Safety, World Health Organisation
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Author Details
Justice J.R. Midha : Judge, High Court of Delhi.
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