Motor Accident Claims

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Description
Motor accident due to accelerated increase in the number of personal as well as commercial vehicles has to be understood in the backdrop of shrinking areas of circulation due to vast increase of on-street parking together with other encroachments on roads and streets that remain unabated. As a result, the number of accidents are on the rise, due to factors like negligence of drivers, deficiency in expertise of driving in a crowded street, contributory negligence of victims, scant regard for traffic rules etc. The Motor Vehicles Act 1988 had to be adapted to this changing scenario and that is why the present edition is indispensable.
Reflections of the amendments : Since publication of the earlier edition, significant amendments have been effected in the Motor Vehicles Act. The important changes are there in the provisions of compensation on hit and run cases, phenomenal enhancement of compensation in case of death as well as permanent disablement, hastening of payment of compensation in case of death as well as permanent disablement and the like. Limitation in filing of application for compensation for accident has been deleted. A table has been included in the Schedule as a guide to assess the quantum of compensation payable by the Accident Claims Tribunal in case of death of an earning member of the family of low income group. Impact of all these changes has triggered a number of judicial decisions the treatment of which adds a new dimension to the instant edition.
Exhaustive contents : The work is divided into 18 chapters covering all the issues relating to motor accident and compensation. While travelling along the subject, the author has made every effort to view the issues with a critical eye which includes
•    No fault liability
•    Insurance against third party risks
•    Fixed compensation for hit and run cases
•    Compensation on structured formula basis
•    Constitution and function of Claims Tribunal
•    Application and pleadings for compensation
•    Award of Claims Tribunal
•    Res ipsa loquitur
•    Contributory negligence
•    Vicarious liability
•    Just compensation
•    Quantum of compensation
•    Appeal & revision and so on.
Rich appendices : In the appendices almost all the relevant statutes are included. To make the book a faithful companion for readers all over India, all the States Rules on the subject are also incorporated. The instant edition looks at the law from all the angles of practice and procedure in the light of practical utility. It is sure to prove an indispensable tool for legal practitioners and judges as well.
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Contents
1.  Laws on the Subject
2.  Liability without Fault
3.  Insurance of Motor Vehicles against Third Party Risks
4.  Compensation on Structured Formula Basis
5.  Claims Tribunal
6.  Application for Compensation before a Motor Accident Claims Tribunal
7.  Application form and Pleadings for Compensation
8.  Award of Claims Tribunal
9.  Practice and Procedure before Claims Tribunal
10. Proof of Claim Proceedings before a Motor Accidents Claims Tribunal
11. On Negligence
12. On Evidence before a Motor Accidents Claims Tribunal
13. Defence in Proceedings before Motor Accidents Claim Tribunal
14. Award of a Claims Tribunal-Just Compensation
15. Quantum
16.  Appeal from Award—Letters Patent Appeal— Revision—Cross-objection and Writs
17.  Award and its Execution
18.  Claims Tribunal Rules and the Rule-making Power
Appendices
1.   Schedule II of the Motor Vehicles Act, 1988
2.   The Fatal Accident Act, 1855 
3.   The Central Motor Vehicles Rules, 1989
4.   The A.P. Motor Vehicles Rules, 1989
5.   The Arunachal Pradesh Motor Accidents Claims Tribunal Rules, 1979 
6.   The Arunachal Pradesh Motor Accident (No Fault Liability) Claims Rules, 1989  
7.   The Assam Motor Accident Claims Tribunals Rules, 1960
8.   The Bihar Motor Vehicles Accidents Claims Tribunal Rules, 1961
9.   The Bihar Motor Vehicles Rules, 1992
10.  The Delhi Motor Vehicles Rules, 1993
11.  The Goa Motor Vehicles Rules, 1989
12.  The Gujarat Motor Vehicles Rules, 1989  
13.  The Haryana Motor Vehicles Rules,1993 
14.  The Himachal Pradesh Motor Vehicles Rules, 1989
15.  The Jammu & Kashmir Motor Vehicles Rules, 1991 
16.  The Karnataka Motor Vehicles Rules, 1989
17.  The Kerala Motor Vehicles Rules, 1989
18.  The Madhya Pradesh Motor Vehicles Rules, 1994 
19.  The Maharashtra Motor Vehicles Rules, 1989  
20.  The Meghalaya Motor Accidents Claims Tribunal Rules, 1981  
21.  The Mizoram Motor Accidents Claims Tribunal Rules, 1988
22.  The Orissa Motor Vehicles (Accidents Claims Tribunals) Rules, 1960   
23.  The Pondicherry Motor Vehicles Rules, 1989
24.  The Punjab Motor Vehicles Rules, 1989  
25.  The Rajasthan Motor Vehicles Rules, 1990  
26.  The Tamil Nadu Motor Vehicles Accidents Claims Tribunal Rules,
27.  The Uttar Pradesh Motor Vehicles Rules, 1998
28.  The West Bengal Motor Vehicles Rules, 1989  
Index
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Author Details
M.R. Mallick : MA, LLB, Former Judge High Court at Calcutta.
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