BY V.S.R. SRIKANTH.
Road Accidents and Compensation
Man started pulling vehicles to meet his purposes, but when he started enjoying the vehicle he rides a little bit of carelessness and negligence crawled in. Even lately road accidents become more frequent. Many lost their lives and many were disabled. Everyday we receive news of road accidents. In order to clinch the collars of these reckless drivers, our statute provided some very interesting sections in Indian Penal Code. The Sections 279 and 336 are very useful in bringing the reckless drivers into the clutches of the law. In addition to this a separate Motor Vehicles Act of 1988 was enacted to rule on most of the disputes related to the motor vehicle use.
The other face of the coin is, “What can we do once an accident happened causing heavy loss of life and money?” Most of the times the victims of road accidents are poor and they cannot even afford proper medical treatment, let alone arranging for a lawyer to settle their compensation. They sometimes do not claim compensation due to lack of awareness of the legal system. Getting compensated is a lawful right of vehicle accident victims. They can claim compensation legally by using the double edged sword called “Motor Vehicle Act, 1988”.
First of all, let us know, “What is an accident?”
“An accident is the occurrence of an event which is unforeseen and startles one when it takes place.”
What is compensation?
“Compensation is a sum which is provided to the victims of a motor accident or to his legal representatives, to reimburse the loss caused due to an accident.”
Human life is precious; no sum of money can fulfill the loss of life or disablement, but monetary compensation may bring some relief and support for life to continue and endure.
Despite all precautions while driving on the public roads, what can be done when accidents happen?
When an accident occurs the driver should stop his vehicle immediately and should take any victims to a nearby hospital. He should immediately inform the police station about the accident. If possible note the following pieces of information:
• Note down the registration number of the vehicle and the name and address of the driver and owner of the vehicle.
• Do not allow the vehicle to move.
• Inform the police station by lodging a F.I.R. without undue delay and receive a copy of the F.I.R. from the police station.
• Get a number of eye witnesses.
• Inform the relatives of the victim.
• Get an injury certificate from the doctor who is treating the victim. If the victim should happen to die, get a death certificate. In addition to that, get a post-mortem report.
• Get an employment income certificate.
Eligibility to claim compensation
Section 166 of the Motor Vehicles Act, 1988 enumerates the following persons who can claim compensation:
• The person who actually sustained injury/disability.
• The legal representatives of the deceased.
• The nominated agent of the victim of the accident.
From whom can compensation be claimed
To be compensated is a lawful right of the victim or the legal representatives of the deceased person. The Motor Accidents Claims Tribunal, which is constituted under Section 165, can order the following persons for the payment of compensation: (1) The actual legal owner of the motor vehicle. (2) The driver of the motor vehicle by whom the accident happened. (3) The insurance company which has insured the motor vehicle.
The process of claiming compensation
An application seeking compensation must be submitted to the Motor Accidents Claims Tribunal in whose jurisdiction the accident occurred. This tribunal is presided by a judge who is equivalent to the post of a District Judge. One must apply for compensation within six months from the date of accident. The time limit can be extended on reasonable grounds. The application seeking compensation can be obtained from the tribunal or this can be written on plain paper also, but the following points must be mentioned duly:
• Name, address, age and occupation of the claimant.
• Name and address, if known, of the driver of the motor vehicle.
• The owner of the motor vehicle.
• The insurance company which insured the vehicle.
• Relation of the applicant with the deceased, in case of death of the person.
• Age of the deceased.
• The gross annual income of the deceased or the injured/disabled.
• Nature of injury/disability.
• Time, date and place of accident.
• Registration number of the vehicle.
• The amount of compensation claimed and on what basis.
• Reasons for delay, if any, if the application is time-barred.
The claims tribunal is a court in view of the similarity in procedures with civil courts. The tribunal never admits a document unless it is being proved under Section 169(2) of the M.V. Act. A tribunal can appoint a commissioner for recording of witnesses. The tribunals follow the principle of Audi Alteram Partem; it gives the opportunity of hearing of both the parties. The tribunal finalises the claim by fixing compensation to be paid to the victim or to the next of kin of the deceased.
The tribunal fixes responsibility on the owner of vehicle and the insurance company jointly and severally. It can fix interest on delayed payment of compensation and it sometimes follows summary procedures to aid in the quick disposal of a case.
The decisions of the tribunal are appealable to High Courts by the aggrieved persons. The appeal can be done within the time limit of 90 days from the date of decision. This time can be increased on reasonable grounds.
The assessment of compensation
Section 168 of the M.V. Act, 1988 says the determination of compensation is to be fair. The process of determining the compensation is to estimate the number of years which the deceased was expected to live and then to find out how long his legal representatives would be dependent upon him during that period of his expected life. By multiplying the net annual income of the deceased with the number of years the legal representatives were expected to be dependent upon him, one arrives at the amount of compensation.
Section 168 of the M.V. Act gives wide powers to the tribunal to assess the compensation. Such assessment is to be made on the basis of balance between loss and gain to dependents owing to the death of the person concerned.
People can seek help from legal aid clinics for the preparation of claims, help, and guidance regarding motor accidents.