S TATE TE L EV EL W OR EVEL ORKS KSHOP OP ON ON MACT CT AT AT J UD IAL A CADEM DEMY J HARK UDICIAL RKHAND HAND MACT CT : : An n Over ervi view 1
M OTOR OR V EHICL ES A CCIDENTS IN 2017 ICLES DENTS IN (4,64,910 4,910 ) D EA I NJ EATH TH NJURED ED (1,4 ,47,913 7,913) (4, 4,70,975 70,975) Source: Road Accidents in India 2017, Ministry of Road Transport and Highways 2
I MPAC OF M OTO TOR V EHICLE LE A CCIDENTS ACT OF ENTS Road traffic injuries constitute the 8th leading causes of death in India in 2016 Leading cause of health loss among young men of age 15-49 years. Fatal road accident victims largely constitute young people in the productive age groups Source: Road Accidents in India 2017, Ministry of Road Transport and Highways 3
I MPAC OF M OTO TOR V EHICLE LE A CCIDENTS ACT OF ENTS Young adults in the age group of 18 - 45 years accounted for 72.1 per cent of victims during 2017 People in working age group of 18 – 60 years accounted for a share of 87.2 per cent in the total road accident fatalities The total number of males and females killed during the calendar year 2017 were 1,27,787 (86.4%) and 20,047 (13.6%) respectively 4 Source: Road Accidents in India 2017, Ministry of Road Transport and Highways
Source: Road Accidents in India 2017, Ministry of Road Transport and Highways 5
Source: Road Accidents in India 2017, Ministry of Road Transport and Highways 6
C HA THE A DJUDICA OF M OTO HALL LLENGE ENGES IN IN TH UDICATION TION OF TOR V EH CLE A CC NT C ASES EHICLE CCIDE DENT ES Only 10% cases reach MACT Cost to the State Judiciary and Insurance Sector for adjudication Delay in Adjudication – Impact on the victim Lack of financial support during pendency to the dependents or injured The ultimate payout does not reach the recipients completely (M.R. Krishna Murthi v. New India Assurance Co. Ltd. and Others, 2019 SCC OnLine SC 315) 7
P OSSIBILITIES Practice in the UK: Only 1% cases reach the Courts for compensation Normally, whenever there is an accident the insurance company surveyor visits the place of occurrence, assesses the case and pays the claim 8
P ROVISION TO C OMPENSA VISIONS REL ELATED TED TO ENSATION TION Before 2019 Amendment After 2019 Amendment Pre-trial Statutory Settlement under recognition for pre-trial MCTAP settlement under Section 149 read with Section 158 (6) – Information Section 164 Proviso under Section 166 added – regarding accident by Police to Tribunal within 30 days Claim petition lapses if the settlement Section 161 – Hit and Run amount is accepted by the Claimant Section cases 159 – Information regarding In case of death – Rs. accident by Police to Tribunal within 3 months Section 161 – Hit and Run cases 25,000/- In case of grievous hurt – In case of death – Rs. 2 lakhs In case of grievous hurt – Rs. 50,000 Rs. 12,500/- No Section 162 – Scheme for “Golden Hour” scheme for “Golden Section 166 (3) – Limitation period for claim Hour” No limitation period for application – 6 months from the date of the presenting claim petition accident No appeal if the disputed Section 169 (4) – MACT shall have all the amount is less than Rs.10000 powers of an Executing Court under the CPC No appeal if the disputed amount is less than 1 lakh 9
M ODIF IED C LA IMS T RI BUNAL A GR ODIFIED LAIM RIBUNA GREED EED P ROC ROCEDURE EDURE • Vide Order dated 13.05.2016 and 06.11.2017 the Hon’ble Supreme Court adopted the Modified Claims Tribunal Agreed Procedure (MCTAP) formulated by the Delhi High Court in Rajesh Tyagi v. Jaibir Singh, 2018 SCC OnLine Del 13316 ( Jaiprakash v. National Insurance Company Limited , (2010) 2 SCC 607) 10
M ODIF IED C LA IMS T RI BUNAL A GR ODIFIED LAIM RIBUNA GREED EED P ROC ROCEDURE EDURE Prescribes the role of the following stakeholders A. Police B. Doctors C. MACT D. Legal Services Authority E. Insurance Companies 11
C OPY OF DAR TO BE FURNISHED TO I NVESTIGATION OF ROAD CLAIMANT ( S ), ACCIDENT CASES OWNER / DRIVER OF THE I NTIMATION OF ACCIDENT TO OFFENDING VEHICLE ( S ), THE C LAIMS T RIBUNAL AND I NSURANCE C OMPANY I NSURANCE C OMPANY T O PRODUCE THE DRIVER ( S ), OWNER ( S ), P OLICE CLAIMANT ( S ) AND EYE D OCUMENTS TO BE WITNESS ( ES ) BEFORE THE COLLECTED C LAIMS T RIBUNAL T O COMPLETE V ERIFICATION OF THE INVESTIGATION WITHIN 30 30 D OCUMENTS I N CASE OF UN - INSURED DAYS AND TO FILE DAR VEHICLE OR DRIVING (D ETAILED A CCIDENT WITHOUT LICENCE OR FAKE R EPORT ) BEFORE THE LICENCE , DRIVER AND OTHER C LAIMS T RIBUNAL PERSONS INVOLVED TO BE PROSECUTED 12
A. R OLE OF THE P OLICE OF TH 1. Investigation of road accident cases Inspect the site Take photographs Place of occurrence Injured persons Prepare a site plan (to scale) Spot Enquiry 2. Intimation of accident to the Claims Tribunal and Insurance Company Within 48 hours 13
A. R OLE OF THE P OLICE OF TH 3. Documents to be collected FIR Site Plan Photographs and Specimen Signatures Driving Licence, Registration Certificates, Insurance Policy of the offending vehicle Statement of the witnesses and report under Section 173 , CrPC In case of Death – Post-mortem Report, Death Certificate, Identity Proof and Proof of age, occupation and income of the deceased and other documents In case of injury – MLC ( Injury Report ) , Identity Proof, Disability Certificate and other documents 14
A. R OLE OF THE P OLICE OF TH 4. Verification of the documents By obtaining confirmation in writing from the office or authority or person purporting to have issued the same, or By such further investigation or verification as may be deemed necessary 15
A. R OLE OF THE P OLICE OF TH 5. In case of un-insured vehicle or driving without licence or fake licence, driver and other persons involved to be prosecuted 6. To complete investigation within 30 30 days and to file DAR (Detailed Accidental Report) before the (Corr (Corresponding esponding Claims Tribunal Se Sect ction on 159 159 – 3 Month ths) s) 16
A. R OLE OF THE P OLICE OF TH 7. Copy of DAR to be furnished to claimant(s), owner/driver of the offending vehicle(s), Insurance Company Shall also furnish a copy of Detailed Accident Report (DAR) along with complete documents to Secretary, Legal Services Authority 8. To produce the driver(s), owner(s), claimant(s) and eye witness(es) before the Claims Tribunal 17
B. R OLE OF OF D OCTO TORS To issue MLC (injury report) and/or Post- mortem Report within 15 days of the accident to the Investigating Officer The doctor who treated or examined the injured claimant and assessed the permanent disability can give evidence of his medical opinion with regard to the extent of permanent disability 18
C. R OLE OF M OTO TOR A CC NTS C LA LE OF CCIDE DENTS LAIMS T RIBUNAL BUNAL /C /C OURT OURTS 1. Regarding release of offending vehicle - Vehicle not to be released if : - not covered by the policy of insurance against third party risks, or - the driver was not holding a valid driving licence, or - if the registered owner fails to furnish copy of the insurance policy or the driving licence of the driver, - Unless the registered owner furnishes sufficient security to the satisfaction of the Court to pay compensation that may be awarded in the claim case. - On expiry of three months, such vehicle shall be sold off in public auction by the Magistrate concerned and the proceeds thereof shall be deposited with the concerned Claims Tribunal within 15 days 19
2. Extension of time to file DAR and Report under Section 173, Cr.P.C. - Where the Investigating Officer is unable to complete the investigation of the case within 30 days for reasons beyond his control, such as - cases of hit and run accidents; - cases where the parties reside outside the jurisdiction of the Court; - where the driving licence is issued outside the jurisdiction of the Court, or - where the victim(s) has suffered grievous injuries and is undergoing continuous treatment 20
3. To pass necessary directions for obtaining documents etc. -On application of the IO in proper format, the Tribunal may pass necessary directions 4. Examination of DAR by the Claims Tribunal - If the DAR is complete in all respects, the Claims Tribunal shall fix a date for appearance of the driver(s), owner(s), claimant(s) and the eye witness(es) and the Investigating Officer shall produce them on the date so fixed. 21
5. To treat DAR as a claim petition -The Claims Tribunal to treat the DAR as a claim petition and proceed further -The DAR may be registered as Miscellaneous Application and notices be issued to the claimants -If the claimants have filed separate claim petitions, the DAR to be tagged with it 22
6. Direction to the claimant(s) to open savings bank account in a nationalized bank -No cheque book/debit card to be issued to the claimant -No joint accounts to be opened 7. In cases of charge of rash and negligent driving, the Claims Tribunal shall register claim case under Section 166 of the MV Act, 1988 23
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