What is the process that one should follow to get compensation after facing a road accident?

What is the process that one should follow to get compensation after facing a road accident?The sight of the accident is very common on Indian roads. Over 400 people were killed in road accidents every day in 2015, government data reveals. The hapless victims are left paralyzed on the street and after by the intricacies involved in legal machinery.

Here is a simplified guide on how one can get compensation if it ever becomes a victim of a road accident.

Compensation to the Victims of Motor Vehicle Accidents

Rapid justice and speedy trial are two eyes of any justice delivery system. The justice delivery system in M.A.C.T (Motor Accident Claims Tribunal cases) is far away from satisfactory. Say, an owner of a brand new Mercedes while returning from his game of hunting crashes his car into a footpath, killing civilians over it.

There are two facets in this circumstance-

1. One is the commission of the criminal offense.
2. Second is the compensation claim.

What to Do After an Accident?

• A case is registered by the local police on complaining or either they will take cognizance on their own. (Registration of F.I.R). For this-

• One should take pictures of the accident scene or even a video for use as evidence later on. Even just a passer-by can do this and provide the photos or videos to police for support in investigation and delivery of justice.
• They should, however, call the 100 number (police hotline) and inform what the situation is in a clear and calm manner.
• What is said on this call gets recorded and can be used as evidence later on.

• After this, police has to register FIR, investigate and then charge-sheet the accused. After this, the judicial mechanism will set itself into motion.
• Legal intricacies involving demand of proper compensation to be put forward before MACT tribunal.

Who Can Claim Compensation in Motor Accident Cases?

Section 165 (claim for compensation) can be made–

1. By the person who has sustained the injury.
2. By the owner of the property where death has resulted from the motor accident.
3. By all or any of the legal representatives of the deceased.
4. By any agent duly authorized by the person injured or all or any of the legal representatives of the deceased, as the case may be.

Suggestive Read: How and when to file claims with Motor accidents claims tribunal?

Jurisdiction: Where Should One Claim Compensation for Motor Accident?

If a man from Calcutta is on a tour to Kanyakumari and gets involved in the motor accident at Kanyakumari then, where should he file a road accident compensation claim? The Procedure requires as follows:

• Every application is to be mad at the option of the claimant, either to the Claims Tribunal who is having jurisdiction over the area in which the accident occurred. (Place Of Accident)
• Or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides (Nearest Tribunal to Victim) or carries on business.
• Or within the local limits of whose jurisdiction the defendant resides(Nearest Tribunal Where The Accused Resides).[1]

If the Driver Had No Fault in the Motor Accident then, Can the Victim Still Get Road Accident Compensation?

A, as per her mother’s instruction went to a shop for local veggies. First, she looked left then right and then left and then took the zebra crossing. But, while crossing hurriedly, she was hit by a car. Even though there was no fault on either side, what could be the intricacies involved while demanding road accident compensation in this case?

No Fault Liability in Case of Motor Accident for Drivers

Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle, the owner of the vehicle or the owners of the vehicles, will be liable to pay road accident compensation in respect of such death or disablement.