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Consumer: Man gets succour from Delhi High Court after hand gets crushed




One reads in the newspaper all the time about some accident whereby a person gets injured due to rash or negligent driving by the driver of a vehicle (in numerous cases, this rash driving would be done by the driver of a bus or truck, and because of the size and weight of this large vehicle, the injuries would be serious, or even death could occur). In such cases, a person (or his dependents) can claim compensation from either the driver / owner of the vehicle, or from the insurance company that had provided insurance to the vehicle. Such claims need to be filed under the Motor Accident Claim Tribunal, which assesses the loss of employment income along with extent of injury and accordingly provides compensation (some compensation is also provided in the cases where the fault of the driver cannot be proved). These cases can also be taken to higher courts if either party is unsatisfied with the award of the Tribunal (link to article):

NEW DELHI: The Delhi High Court has awarded over Rs five lakh as compensation to a man whose right hand was crushed after it came under the rear wheel of a bus in an accident five years ago. Justice J R Midha enhanced the compensation from Rs 2.43 to Rs 5.76 lakh considering the medical reports which suggested that the self-employed victim had suffered 50% disability.
The Motor Accident Claim Tribunal after assesing the claim had awarded Rs 2.43 lakh to Tahir, who was earlier doing screen printing job, to compensate for loss of income. The High Court allowed Tahir’s appeal for enhancement of compensation after taking into account medical certificates which claimed that he suffered permanent disability rendering him unemployed. HC in its order, also directed that the amount be deposited in a bank as fixed deposit.

Not too many people are aware of some of the processes and procedures dealing with applying for compensation under the Motor Accident Claim Tribunal, so here are some sites that provide more information on this area:

What is Motor Accident Claim Tribunal (link to article):

Who can report to MACT in case of accident ?
Victim himself or through Advocate,in the case of personal injury. Through advocate in case of minor applicant below the age of 18 years. Legal heirs themselves or through advocate in the case of death.The owner of the vehicle in the case of property damage.

Some queries related to the MACT (link to article, including the documents to be submitted):

Q. I had lodged a case for insurance on account of motor accident, which took place. The Tribunal held that the liability of the Insurance Company is limited to Rs. 20000/- only. Whether Tribunal is right in saying so and what is my remedy against said order?
A. If there is no evidence on the record to show that the liability of the Insurance Company was limited to Rs. 20,000/-, the finding of the Tribunal is liable to be set aside. The liability of an Insurance company, unless there is a prohibition to same in a contract or otherwise, is unlimited You can challenge the said order before the High Court in appeal.

More details on applying to MACT (link to article):

Chapter 10 with Sections 140 to 144 provides for interim compensation on ‘No Fault’ Basis. According to this provision Rs. 50,000/- is to be given to the kith and kin of the deceased and Rs. 25,000/- to the grievously injured victim. The compensation under Section 140 is made payable if prima facie evidence of following is available;
(1) Accident by the offending vehicle;
(2) Offending vehicle being insured;
(3) Death or grievous injuries have been caused.




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