Online Legal Advice from Insaaf99® Online Lawyer Consultation in India
Online Legal Advice from Insaaf99® Online Lawyer Consultation in India
A young delivery driver who worked hard to support his family met with an accident on his way to work. The accident left him with serious injuries, including a broken leg and a concussion. He was rushed to the hospital, where he underwent surgery and spent several weeks recovering. After he was discharged from the hospital, he was unable to return to work for several months.
His family was struggling to make ends meet without his income. They also had to pay for his medical bills, which were mounting. He was feeling hopeless and frustrated. One day a friend told him about the Motor Accident Claims Tribunal (MACT). Ravi decided to file a claim with MACT cases was heard before a MACT judge. The judge awarded Ravi compensation for his medical expenses, lost wages, and pain and suffering. He was able to use the compensation to pay off his medical bills and support his family. Ravi was grateful for the help that he received from MACT.
MACT is an essential institution in India that protects the rights of victims of motor vehicle accidents. It provides a speedy, efficient, and affordable way for victims to seek compensation for their injuries. Let us understand MACT in India
The Motor Accident Claims Tribunal (MACT) is a dedicated judicial body that specifically handles cases of motor vehicle accidents. Instituted pursuant to the Motor Vehicles Act, 1988, its primary objective is to offer an expedited and effective platform for individuals harmed in motor vehicle accidents to pursue compensation for their injuries.
The Motor Vehicles Act, 1988, is the main law in India that governs road traffic and motor vehicles. It covers a wide range of topics related to motor vehicles, such as insurance, liability, compensation, and legal procedures for accident claims.
MACT plays a crucial role in safeguarding the interests of motor vehicle accident victims in India. Its significance is particularly pronounced for individuals from economically disadvantaged or marginalized communities who might face financial constraints when seeking justice through conventional legal channels.
Court fee is very nominal for these cases, however, victims of motor vehicle accidents can claim exemption benefit while initiating a claim with MACT.
MACT consistently expedites the resolution of cases, often surpassing the pace of other legal proceedings in India.
MACT has the authority to grant compensation for a wide spectrum of losses stemming from motor vehicle accidents, encompassing medical costs, income loss, emotional distress, and potential future earnings."
If someone is hurt or killed in a car accident, or their property is damaged, they or their family can file a claim with the MACT. The MACT will decide how much compensation to award based on the facts of the case. The MACT cases procedure is given below
The individual affected by the motor vehicle accident or their legal representative is required to submit a claim petition to the MACT having the jurisdiction over the location of the accident within a three-year period starting from the accident's date.
The claimant must notify the respondent, typically the vehicle's insurance company, about the claim petition. The respondent has 30 days to respond after receiving this notice.
Both the claimant and respondent can present evidence and arguments during the MACT proceedings, including medical records, police reports, and eyewitness accounts.
The MACT will render a verdict, and if it favors the claimant, compensation will be granted for injuries, encompassing medical costs, lost income, and emotional distress.
Factors that may be considered in the calculation of compensation in Motor Accident Claims Tribunal (MACT) cases in India:
| SN | Factor | Consideration |
| 1 | Medical Expense | Actual medical expenses incurred by the victim. |
| 2 | Loss of Earnings | Victim's monthly income before the accident. |
| 3 | Loss of Future Earnings | Victim's future income potential (considering age). |
| 4 | Pain and Suffering | Compensation for physical and mental anguish. |
| 5 | Permanent Disability | Compensation for permanent injuries or disabilities. |
| 6 | Loss of Consortium (Deceased) | Compensation for the loss of companionship. |
| 7 | Funeral Expenses (Deceased) | Expenses related to the funeral of the deceased. |
| 8 | Legal Expenses | Costs incurred for filing and pursuing the claim. |
| Factor | Multiplier |
| Age of victim | |
| 18-59 years | 100% |
| 60-69 years | 85% |
| 70 years and above | 75% |
| Income of victim | |
| Up to Rs. 10,000 | 100% |
| Rs. 10,000 to Rs. 20,000 | 90% |
| Rs. 20,000 to Rs. 30,000 | 80% |
| Rs. 30,000 and above | 70% |
| Severity of injuries | |
| Minor | 50% |
| Moderate | 75% |
| Major | 100% |
| Type of accident | |
| Death | 100% |
| Permanent disability | 100% |
| Temporary disability | 50% |
Shri Sidram S/o Raju Bhosale v. Shri Siddu Mahadev Bhosale & Anr.
In this instance, the High Court increased the compensation granted by the Motor Accidents Claims Tribunal, Belgaum, by an additional Rs. 3,13,800/-, bringing the total compensation to Rs. 9,26,800/-. The original award by the Tribunal amounted to 6,13,000
The Tribunal determined that the accident occurred as a result of reckless and negligent driving, and the appellant was deemed eligible for compensation as follows:
| Towards pain and suffering | Rs. 40,000/- |
| Loss of earning during laid of period | Rs. 4,000/- |
| Loss of earning due to disability : | Rs.3,24,000/ |
| Towards Medical expenses | Rs. 1,50,000/ |
| Conveyance, special diet etc | Rs. 20,000/ |
| Loss of amenities in life | Rs. 30,000/ |
| Towards marriage prospects | Rs. 20,000/ |
| Towards future medical expenses | Rs. 25,000/- |
| Total | 6,13,000 |
| Towards pain and suffering | Rs. 40,000/- |
| Loss of earning during laid of period | Rs. 42,000/- |
| Loss of earning due to disability: | Rs. 6,04,800/ |
| Towards Medical expenses | Rs. 1,50,000/ |
| Conveyance, special diet etc | Rs. 20,000/ |
| Loss of amenities in life | Rs. 30,000/ |
| Towards marriage prospects | Rs. 20,000/ |
| Litigation expenses | Rs. 20,000/- |
| Total | Rs. 9,26,800 |
Insaaf99, an online legal consultation platform, plays a vital role in MACT claim cases by connecting claimants with experienced legal professionals. Users can access expert advice, case assessment, and guidance on filing claims. The platform streamlines the process, ensuring timely submission, adherence to legal procedures, and accurate documentation. It provides access to relevant laws, precedents, and calculators for fair compensation evaluation. Insaaf99 fosters transparency and convenience, allowing users to track their cases and receive updates digitally. By offering affordable and accessible legal assistance, it empowers claimants, especially those from marginalized backgrounds, in their pursuit of just compensation for motor accident-related injuries.
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