Road Accidents and Claims

                          Road accidents have become an issue of national interest. As road network is increasing in the country, road accidents are also increasing very rapidly. Most of us only think of police/investigating agency in case of motor vehicle accident or any other type of accident and investigation of the case by police but don't know anything about Motor Accident Claim Tribunals. With the establishment of Claim tribunals, claimant can get the claim/compensation within 120 days without the need of  filing an application.

What are claim tribunals ?

               Claim Tribunals are prepared by the State Government by notification for easy and fast settlement of the claims in case motor vehicle accidents. The tribunal consists of two or more member as :

1)  serving or retired Judge of High Court

2)  serving or retired District Judge

Who can make application for the compensation ?

                         An application for the compensation can be made by :

1)  By injured person.

2)  By the owner of the property.

3)  In case of death, by any legal representative.

4)  By any agent authorised.

                         Every application shall be made in following ways :

1)  To Claim Tribunal having jurisdiction over area.

2)  To Claim Tribunal in the jurisdiction where claimant resides.

3)  To Claim Tribunal in the jurisdiction where defendant resides.

                     On receipt of application, Claim Tribunal has all the powers of a Civil Court to proceed in the case.

What are the documents required with application for compensation ?

  1)  Copy of FIR, if any.

  2)  Copy of medico legal certificate/postmortem report/death report as the case may be.

  3)  Documents proving identity of the claimant and of deceased in case of death.

  4)  Original bills of expenses on treatment along with treatment record.

  5)  Documents of educational qualification.

  6)  Disability certificate, if any.

  7)  Proof of income.

  8)  Document about the age of the victim.

  9)  The concerned note of the third party insurance, if any.

10)  An affidavit in support of above documents and relationship with the claimant.

What is the duty of police ?

                            As soon as the any information of any accident is receive involving death or injury to any is recorded or report/investigation is completed by the police officer, the Officer-in-charge (SHO) of a police station shall send a copy of a report to the Claim Tribunal/concerned insurer/owner within 30 days of FIR or in any other case (section 158(6) of the Motor Vehicle Act, 1988).

                 Any Officer in charge of a police station or registering authority shall provide following information to the insurer or entitled claimant on payment of prescribed fee :

1) Relating to the identification and other particulars of the vehicle involved.

2)Name and address of the person using vehicle at the time accident or injured by it and the property, if any damaged.