By when should a Compensation Claim be filed after the road crash?
An application for compensation should be filed within 6 months of the road crash. Section 166 (3) of Act states that no application for compensation shall be entertained unless it is made within six months of the occurrence of the accident.
After the increase in the amount of compensation under the Motor Vehicles (Amendment) Act, 2019, will MACT pass the award as per the new fixed amount?
The Motor Vehicles (Amendment) Act, 2019 came into effect on 1st September, 2019. As per the recent amendment, Section 164 (1) provides for a fixed amount as compensation in case of death or grievous injury due to a road accident. An amount of Rs. 5 lakh in case of death and Rs. 2.5 lakh in case of grievous hurt has to be paid by the owner of the vehicle or the authorised insurer to the legal heirs or the victim.
Sub-section 3 of Section 164 further provides that in cases where compensation has been paid under any other law for the time being in force, then such amount of compensation shall be reduced from the amount of compensation payable under this section.
If the road crash happened 3 months before the MVAA 2019 was implemented, what would be the amount of compensation? Will the new fixed amount be applicable or will the Judge decide the case as per the old provision?
The amount of compensation, in case of death or grievous hurt due to any crash arising out of a motor vehicle, shall be awarded as per Section 164 (1) of the Act stated above. With the Motor Vehicles (Amendment) Act, 2019 coming into effect on 1st September 2019, the MACT shall decide the compensation as per the applicable provisions. (Stated in point no. 2 above)
If the place of residence is Lucknow and the crash happened in Gurgaon, where should the compensation claim be filed?
An application for compensation can be made either to:
(i) The Claims Tribunal having jurisdiction over the area in which the accident occurred, or
(ii) The Claims Tribunal within the local limits of whose jurisdiction the claimant resides/carries business or within the local limits of whose jurisdiction the defendant resides.
Who will pay compensation to the family of deceased in a road crash? Central Government or the owner of the vehicle who caused the crash?
The owner of the motor vehicle or the authorised insurer shall be liable to pay compensation in cases of death or grievous hurt due to a crash involving a motor vehicle.
Where should the compensation claim document be submitted for compensation under the Solatium Scheme?
The Solatium Scheme which was formulated in exercise of the powers conferred under Section 163 (1) of the Motor Vehicles Act, 1988 for payment of compensation in case of hit and run cases has been amended under the Motor Vehicles (Amendment) Act, 2019.
A special provision – Section 161 has been introduced under the Motor Vehicles (Amendment) Act, wherein the Central Government has to provide for compensation in hit and run cases. In case of death resulting from hit and run, an amount of Rs. 2 lakh and in case of grievous hurt an amount of Rs. 50,000 or such higher amount as prescribed by the Central Government, can be claimed as compensation.
Since the Motor Vehicles (amendment) Act, 2019 has been effective from 01.09.2019, the Central Government now has to introduce a scheme by Notification in the official Gazette specifying the manner, form and the time within which such applications for compensation can be made in hit and run cases.
What are the rights of a Good Samaritan who helps a road crash victim?
Section 134 A of the Motor Vehicles (Amendment) Act, 2019 provides protection to Good Samaritans. As per the section, a Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle.
Further, the Good Samaritan Guidelines have been implemented in all States & UTs as per the directions of the Supreme Court on 30th March 2016 in the case of SaveLIFE Foundation v. Union of India. For more information visit this link.
What is the amount of compensation for a hit and run case?
Under the Motor Vehicles (Amendment) Act, 2019, the Central Government shall pay a fixed amount of compensation for hit and run cases. In case of death resulting from hit and run, an amount of Rs. 2 lakh and in case of grievous hurt an amount of Rs. 50,000 or such higher amount as prescribed by the Central Government, shall be paid as compensation.
Since the Motor Vehicles (amendment) Act, 2019 has been effective from 01.09.2019, the Central Government now has to introduce a scheme by Notification in the official Gazette specifying the manner, form and the time within which such applications for compensation can be made in hit and run cases.
How is the jurisdiction of a case determined to file a compensation claim?
The jurisdiction of a case to file compensation claim to MACT is determined as per the following:
(i) area in which the accident occurred,
(ii) area in which the claimant resides/carries business or area in which the defendant resides.
I helped a road crash victim to reach the hospital, the relatives of the victim have filed an FIR against me. What legal remedy do I have?
As per the Good Samaritan Guidelines, a bystander who helps a road crash victim has the right to be anonymous.
Moreover, under Section 134 A of the Motor Vehicles (Amendment) Act, 2019 a Good Samaritan is protected from any civil or criminal liability.
Will I get the increased amount of compensation under the MVAA 2019 for a hit and run case?
In Hit & Run cases, a fixed amount of compensation shall be awarded: Rs. 2 lakh in case of death and Rs. 50,000 in case of grievous hurt or such higher amount as prescribed by the Central Government.
However, the Central Government has to introduce a scheme by Notification in the official Gazette specifying the manner, form and the time within which such applications for compensation can be made in hit and run cases.
