Motor Accident Claims Tribunal and Compensation in Motor Accident

Motor Accident

Scheme of the MV Act: Chapter 10 provides for an interim award. Chapter 11 provides for insurance of motor vehicle against third party risk and Chapter 12 provides for the constitution of Claims Tribunal and adjudication.

Claim Petition to Tribunal u/s 166 of MV Act as per section 163A

The Proceeding: Defence by Insurence u/s Section 149(2)

The award u/s 168

Execution of Award- u/s 174

Injury Case: Pecuniary Damages and Special or General Damages.

Death Case: Multiplier Table in Claim Cases under Section 166 as per Sarla Verma vs. Delhi Transport Corporation case [ for determination of income] u/s 163A

Age of the Victim Multiplier to be adopted for accidents
Up to 15 years 15
15 to 20 years 16
21 to 25 17
26 to 30 18
31 to 35 17
36 to 40 16
41 to 45 15
46 to 50 13
51 to 55 11
56 to 60 8
61 to 65 5
Above 65 5
  1. Determining factors for compensation

Yearly income[ Minus 1/3 Personal expense] + future Prospect +A reasonable amount on conventional heads, i.e., Rs. 15,000/- for loss of estate, Rs. 40,000/- for loss of consortium and Rs. 15,000/- for funeral expenses should be awarded to the victim. The aforesaid amounts are to be enhanced at the rate of 10% in every three years.

2. SC Constitution Bench Guidelines On Fixation Of Future Prospects…

Supreme Court Cases

Pappu and Ors. Vs. Vinod Kumar Lamba and ANR  [SC 2018 January]

Read more...

Amendment of claim petition – The application under Order 6, Rule 17 of the C.P.C. is to be applied.

Fee on claim petition – only 10/- stamp is required under the Act