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Motor Accident Matter

Today every person travels by one or the other motor vehicle, so it is said that vehicle is the demand of the present time. Road accidents are also more due to haste and impatience. Some laws have been made to deal with such road accidents. The government has tried to save from road accidents through those laws.

Every year around 12.5 lakh people die in road accidents across the world. Its 10 percent of accidents happen only in our country. This figure released by the International Road Organization for India is about 1.5 lakh accidents. Even the assessment of the damage caused by this can surprise you. A total of 15 and a half to 40 billion US dollars is lost in India due to road accidents. After these road accidents, a big question arises of compensation. We will tell you about the laws related to them in this article.

What is Law related to Road Accidents?

  • There are many types of road accidents two wheeler collision with a truck, collision with a car, collision of a car with a two-wheeler, and collision of a truck with a vehicle. Many such types of road accidents are seen today.
  • In these road accidents, both criminal and civil laws are available in India. Criminal Law refers to punishing the offender for negligent driving, and civil Law refers to compensating a person for the damage caused.
  • Suppose a person has caused any damage to another person by acting negligently. In that case, that other person can get his compensation from that person so they can go to the position in which they were before the accident happened. Was before Under Section 166 of the Motor Vehicles Act 1988, the victim of any accident has the right to receive compensation.
  • Such a person can sue the person who caused the accident to compensate him. If the person does not have insurance, in such a situation, the compensation will have to be paid by that person himself. If the vehicle is insured, then the compensation will be given by the insurance company because the insurance company makes a contract that if your car meets with an accident causing damage to another person, the compensation will be given by us. Insurance of any vehicle is currently necessary under the Motor Vehicles Act. Driving without insurance becomes a crime.

Who can claim road accident claims?

The following people will be entitled to claim compensation under the Motor Vehicles Act 1988:
  • By the next of kin or any legal heir of the deceased killed in the accident.
  • By the injured or, in case of serious injury, by any of his relatives or legal heirs.
  • By an agent on behalf of the person injured.

What are the documents required for a road accident claim?

We will tell you what documents you need for a road accident claim. These are the documents without which the applicant will not get the claim. These are as follows-

•    Photocopy of the FIR lodged in connection with the accident.
•    In case of death, copy of Panchnama, post-mortem report.
•    Copy of Death Certificate.
•    Documents related to the identity of the deceased and the claimants.
•    Income certificate of the deceased
•    Birth certificate of the deceased/injured.
•    Third-party insurance note (if any).
•    Disability certificate if the person is already disabled.

Procedure to apply for a road accident claim:

Under Section 166 of the Motor Vehicles Act 1988, the application process for compensation has been prescribed. According to this:

•    If ever there is a road accident, first of all, inform the police.
•    After this, notify your insurance agent or company regarding the accident.
•    Give a copy of your vehicle documents, like your driving license, vehicle registration certificate, vehicle insurance, etc., to the police.
•    Along with this, also give the details of your policy number.
•    After inspecting the spot, the police will make its report and send it to the Motor Accident Tribunal within 30 days.
•    On the insurance agent's information, the insurance company's surveyor will also conduct the survey and submit its report to the insurance company along with the assessment of the damage and all the documents.
•    The insurance company will determine your claim amount based on the survey report.
•    From here, the insurance company gets 30 more days to settle the claim.
•    Even now, if the settlement is not done, the case goes on, and the court decides the claim amount.
•    The insurance company has to pay the ordered claim amount to the plaintiff.

Under what circumstances can the insurance company deny the claim?

There are many situations in which an insurance company may deny a claim. These situations are as follows:

•    At the time of the accident, the driver was not driving negligently.
•    The person driving during the accident should have a driving license and valid documents related to the vehicle, like a registration certificate, insurance papers, etc.
•    The license of the person concerned should never have been confiscated.
•    The driver of the vehicle was not drunk at the time of the accident. If more than a certain amount of alcohol is found, the insurance company will give up on the claim.

Why choose Vakilkaro?

Vakilkaro provides you with India's best accidental lawyer in your city. Vakilkaro's accidental injury lawyers help you legally file all types of motor accident claims and will also guide you on how to resolve the matter quickly. A good accidental injury attorney can give accurate information about how much insurance policies will pay for your damages, what you can expect to recover if the accident was someone else's fault, etc. Hire the best Motor Accident Lawyer from Vakilkaro in India today to handle your Motor Accident Claims Tribunal (MACT) case.

Contact the best Motor Accident Lawyer in Vakilkaro today. You can give us a call at 9828123489 or may write an Email also at We are here to serve you 24/7.

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In the event of death in a road accident, how much claim does the legal heir of the deceased get?
In case of a road accident death, the legal heir of the deceased gets a claim of Rs.5 lakh.

How much claim amount is received in case of serious injuries in a road accident?
In case of severe injuries in a road accident, a claim amount of Rs 50,000 is received.

Who is entitled to compensation in case of a road accident?
In case of death, the legal heirs of the deceased. In case of injury, he or the legal heir of the seriously injured person.

What should be done first in case of a road accident?
In a road accident, the police should be informed first.