Section 166 of the Motor Vehicles Act, or MV Act of 1988, enables victims or their legal representatives to claim monetary compensation following a motor accident. Claims are filed with, reviewed by, and decided upon by the Motor Accident Claims Tribunals (MACT) in India. The objective of the Act and the Claims Tribunal is to ensure the quick and fair resolution of motor accident cases. Here’s a look at all you need to know about Section 166 of the Motor Vehicles Act.
Section 166 of the Motor Vehicles Act lets victims of road accidents who have suffered bodily injury, permanent disability, death or property damage due to a road accident claim compensation. The primary requirement for filing a compensation claim under this Act is the presence of clear evidence of fault or negligence on the part of the opposing party that resulted in the accident.
A claim can be filed under the Motor Vehicles Act Section 166 when the cause of the accident is as follows:
Fault/negligence by the driver, due to unsafe driving, i.e., breaking of traffic rules, speeding, and illegal acts like driving under the influence of alcohol or underage driving.
A claim can also be filed under Section 166 if any of the following types of damage or loss has occurred:
The driver and co-passengers have suffered from bodily injuries.
The driver and co-passengers have suffered from permanent disability.
If any person involved in the accident has passed away.
If a property has been damaged in the accident.
The following individuals can file a claim under Section 166 of the Motor Vehicles Act:
The person who has sustained the bodily injury.
The person who has sustained permanent disability or their legal representative.
The legal representative of a person who died in the accident.
The owner of the property damaged in the accident.
A claim under Section 166 can be filed at the following locations:
At the Claims Tribunal located in the area where the accident occurred.
At the Claims Tribunal located in the area where the claimant (the person making the claim) resides.
At the Claims Tribunal located in the area where the defendant (the opposing party) resides.
A quick online search can help determine the location of the appropriate Claims Tribunal. Once the tribunal is identified, one can engage a lawyer to prepare and file the claim under Section 166 of the Motor Vehicles Act.
Following is an overview of how the Claims Tribunal proceedings typically unfold:
Claim received: Once the claimant files the claim, it is received by the respective Claims Tribunal. The cliamtn
Hearing: The Claims Tribunal conducts an initial hearing, providing the claimant, defendant, and any witnesses an opportunity to present their case.
Report and Inquiry: The Claims Tribunal directs the relevant authorities to create a report and conducts a detailed inquiry into the matter. The Tribunal may also engage a person with expert knowledge to assist in the investigation.
Decision and compensation: Upon successful completion of the inquiry, the Claims Tribunal delivers a fair decision and awards appropriate compensation.
Compensation payment: The party required to pay the award must deposit the amount with the Claims Tribunal within 30 days of the award being issued.
Award of interest: In some cases, the Claims Tribunal may order simple interest on the compensation amount from the date of filing the claim.
Section 166 of the Motor Vehicles Act of 1988 enables the victims or their legal representatives to claim compensation following a motor accident. Claims can be filed with the Motor Accident Claim Tribunal (MACT) in India. Based on a thorough hearing, police report, and detailed inquiry, the Claims Tribunal delivers a fair verdict and appropriate compensation.
A motor accident can cause severe damage to life and property, and in some cases, the loss may be irreparable. During such times, finances play a crucial role in covering medical expenses, third-party damages, and others. SBI General motor insurance provides financial coverage and dedicated customer support, helping individuals manage expenses effectively after an accident.
Disclaimer: This blog offers general information on car insurance for educational purposes only. Content reflects data at time of publication and may not accurately reflect current premiums, terms, or regulations.
Section 166 of the Motor Vehicles Act is designed to help victims or their legal representatives to claim compensation for bodily injury, permanent disability, death, or property damage resulting from a road accident.
Individuals who have suffered bodily injuries or permanent disability, the legal representatives of deceased persons, and owners of the damaged property can file a claim under Section 166.
With the assistance of a lawyer, a claim can be filed at the Claims Tribunal in the area of the accident, the claimant’s residence, or the defendant’s residence.
This blog is intended solely for educational and informational purposes. The content may include outdated information regarding the topic discussed. Readers are encouraged to confirm the accuracy and relevance of the data before making any significant decisions. SBI General Insurance disclaims responsibility for any errors or consequences arising from the use of outdated information provided herein.
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