Motor Accident Claim Petition Reference Manual H S Mulia PDF
Preview Motor Accident Claim Petition Reference Manual H S Mulia
MOTOR ACCIDENT CLAIM PETITION REFERENCE MANUAL Updated upto MARCH, 2017 Prepared by Hanif. S. Mulia CONTENTS MACP REFERENCE MANUAL - H S MULIA PAGE NO.2 Sr. Particulars No. 1 Background 2 By Author 3 Requirement for the police to forward to the Claims Tribunal “Accident Information Report” (AIR) which the Tribunal has to treat as an application for compensation. 4 How to decide a claim petition wherein Fatal Injuries were sustained by the deceased 5 How to decide a claim petition wherein claimant has sustained Injuries 6 How to determine monthly income of the deceased or injured when no document in support thereof is produced 7 How to determine income of the deceased or injured claimant when there is documentary evidence on record to show that the deceased or injured claimant was earning in foreign currency and not in Indian Rupee 8 How to decide a claim petition where defence of Invalid, Learners Licence & Fake Driving Licence and Defense of Qualification/Badge is taken 9 In which circumstances Insurer is liable to pay compensation when injured claimant or deceased was travelling in the goods vehicle 10 Liability of insurer to compensation in the cases where injured claimant or deceased was travelling in the private car as occupants or travelling on two wheeler s as pillion rider 11 How to decide a claim petition preferred under section 163A of the Act 12 What if the cheque given for payment of premium of insurance policy is dishonoured MACP REFERENCE MANUAL - H S MULIA PAGE NO.3 13 What is the meaning of “Arising out of use of Motor Vehicle” 14 Whether Finance Company, which has advanced loan for the purpose of purchase of vehicle under the 'Hire Purchase Agreement' can be said to be the owner of the Vehicle 15 When driver of the unknown vehicle sped away after the accident, whether in such situation claim petition is maintainable in view of the provisions contained under Sections 161 & 163 of the Act 16 Whether all the joint tortfeasors are required to be joined as party opponents in the claim petition 17 Whether the point of negligence and liability of insurer, decided by the coordinate Tribunal is binding on the other coordinate Tribunal, if the claim petition has arisen from the same accident 18 Whether a claim petition preferred by the a claimant (also the owner of the offending vehicle, without involving another vehicle) alleging therein that accident occurred because of the rash and negligent driving of the vehicle owned by him, is maintainable. 19 What is the meaning of “Public Place”, as defined u/s 2(34) of the Act 20 What if, the vehicle which met with an accident is sold of by its owner before the date of accident and name of the transferee owner (purchaser) is not entered into the R.C. Book 21 Whether a claim petition can be dismissed for want of prosecution or nonappearance of the claimant and/or his Advocate 22 Whether a claim petition can be dismissed for non production of documents mentioned under Rule 211 of the Gujarat Motor Vehicles Rules,1988 23 How to decide a claim petition, where insurer has taken a defence of MACP REFERENCE MANUAL - H S MULIA PAGE NO.4 violation of 'Permit' 24 Whether an award passed by the Tribunal can be reviewed 25 Details of Proposal Forms for Private Cars/Motorised Two Wheelers Package Policy and Liability Only/ Act Policy 26 Standard wordings in respect of the Policy including Premium computation table, certificate of Insurance and Cover Note 27 Requisition of Vehicle by the Government/Authority 28 Liability of Insurance Company in the case wherein the vehicle involved in the accident was stolen. 29 W hether executing court can pass an order of attachment of Residential premises/home? 30 When possession of vehicle is taken over by the transferee along with certificate of insurance, Insurance company is liable to pay amount of compensation. 31 Commencement of Policy and Breach of Policy 32 Which kind of licence required for LMVLGVHGVHTVMGV 33 Registration of Vehicle/Number Plate 34 Important Judgments on Section 140 of M.V. Act. 35 Damage to the Vehicle and/or property 36 Jurisdiction of Tribunal 37 Helper/ Cleaner/Coolie 38 Premium and Additional Premium 39 Driver cum Owner MACP REFERENCE MANUAL - H S MULIA PAGE NO.5 40 Vehicle Hired/Leased 41 Use of Motor Vehicle, Militant Attack HijackTerrorist Attack Murder, Heart Attack, Lightning – Arising out of Accident 42 FIR, Charge sheet, Involvement of Vehicle, Identity of Vehicle 43 Mediclaim and Compensation received under other Schemes 44 Abate MACP REFERENCE MANUAL - H S MULIA PAGE NO.6 1. Background: As per the ND TV report, one serious road accident in the country occurs every minute and 16 die on Indian roads every hour. 1214 road crashes occur every day in India. Two wheelers account for 25% of total road crash deaths. 20 children under the age of 14 succumbed to the road accident injuries sustained by them every day due to road crashes in the country. 377 people die every day, equivalent to a jumbo jet crashing every day. Two people die every hour in Uttar Pradesh with maximum number of road crash deaths. Tamil Nadu is the state with the maximum number of road crash injuries. Therefore, it is necessary for the one and all to know the intricacies involved in the Motor Accident claim petitions preferred under the Motor Vehicles Act, 1988. This a small attempt to help those who want to know about such intricacies involved in the Motor Accident claim petitions preferred under the Motor Vehicles Act, 1988. HOME 2. By Author : By way of this Manual, an attempt has been made to help one and all to assess what the victim of accident or dependents of the deceased would get as compensation from the Court/Tribunal. Hon'ble Apex Court and Hon'ble High Courts have laid down principles/guidelines to decide claim petitions, which will be discussed hereinbelow. HOME MACP REFERENCE MANUAL - H S MULIA PAGE NO.7 3. Requirement for the police to forward to the Claims Tribunal “Accident Information Report” (AIR) which the Tribunal has to treat as an application for compensation: 3.1 The Bench comprising of Three Hon'ble Lordships of Hon'ble Apex Court in the case of Jai Prakash v/s National Insurance Com. Ltd, reported in 2010 (2) GLR 1787 (SC) has given following directions to Police and Tribunals. A) Directions to the Police Authorities : The Director General of Police of each State is directed to instruct all police stations in his State to comply with the provisions of Sec. 158(6) of the Act. For this purpose, the following steps will have to be taken by the Station House Officers of the jurisdictional police stations : (i) Accident Information Report ('AIR', for short) in Form No. 54 of the Central Motor Vehicles Rules, 1989 shall be submitted by the police (Station House Officer) to the jurisdictional Motor Accidents Claims Tribunal, within 30 days of the registration of the F.I.R. In addition to the particulars required to be furnished in Form No.54, the police should also collect and furnish the following additional particulars in the AIR to the Tribunal : (i) The age of the victims at the time of accident; (ii) The income of the victim; (iii) The names and ages of the dependent family members. MACP REFERENCE MANUAL - H S MULIA PAGE NO.8 (ii) The AIR shall be accompanied by the attested copies of the F.I.R., site sketch/mahazar/photographs of the place of occurrence, driving licence of the driver, insurance policy (and if necessary, fitness certificate) of the vehicle and post mortem report (in case of death) or the injured or dependent family members of the deceased should also be furnished to the Tribunal. (iii) Simultaneously, a copy of the AIR with annexures thereto shall be furnished to the Insurance Company concerned to enable the insurer to process the claim. (iv) The police shall notify the first date of hearing fixed by the Tribunal to the victim (injured) or the family of the victim (in case of death) and the driver, owner and insurer. If so directed by the Tribunal, the police may secure their presence on the first date of hearing. B) Directions to the Claims Tribunals : The Registrar General of each High Court is directed to instruct all Claims Tribunals in his State to register the reports of accidents received under Sec. 158(6) of the Act as applications for compensation under Sec. 166(4) of the Act and deal with them without waiting for the filing of claim applications by the MACP REFERENCE MANUAL - H S MULIA PAGE NO.9 injured or by the family of the deceased. The Registrar General shall ensure that necessary registers, forms and other support is extended to the Tribunal to give effect to Sec. 166(4) of the Act. For complying with Sec. 166(4) of the Act, the jurisdictional Motor Accidents Claims Tribunals shall initiate the following steps : (a) The Tribunal shall maintain an institution register for recording the AIRs which are received from the Station House Officers of the police stations and register them as miscellaneous petitions. If any private claim petitions are directly filed with reference to an AIR, they should also be recorded in the register. (b) The Tribunal shall list the AIRs as miscellaneous petitions. It shall fix a date for preliminary hearing so as to enable the police to notify such date to the victim (family of the victim in the event of death) and the owner, driver and insurer of the vehicle involved in the accident. Once, the claimant(s) appear, the miscellaneous application shall be converted to claim petition. Where a claimant(s) file the claim petition even before the receipt of the AIR by the Tribunal, the AIR may be tagged to the claim petition. (c) The Tribunal shall enquire and satisfy itself that the AIR relates to a real accident and is not the result of any collusion and fabrication of an accident (by any "police MACP REFERENCE MANUAL - H S MULIA PAGE NO.10
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