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Writer's picturethelila500
Sep 13, 20224 min read

HOW MUCH MONEY CAN ANYONE GET IN A ROAD ACCIDENT?

With the continuous development in technology and the rise in the standard of living of people, the number of vehicles, in not only the metropolitan cities, but other cities as well, has seen a sharp rise, which has not only resulted the pollution and traffic problems, but the number of accidents on roads also increasing day by day. The reasons for such accidents could vary in every accident from irresponsible driving, drunk driving or not following the speed limit.


However, the gist of the matter is people do suffer from road accidents daily which may cause minor injuries to severe injuries, hence resulting in heavy hospital bills or injuries which may cause severe damage which may be permanent. In case you wish to understand the legal provisions in relation to the compensation for road accidents or are about to file for the same, you shall contact an experienced Criminal Lawyers In Mumbai.


The Motor Vehicles (Amendment) Act, 2019 was introduced which also provides for matters related to the issues mentioned above. The Act’s objective is to provide justice to the victims and reduce road accident cases. The following article aims to provide the necessary information required to help you understand the law involved with road accidents and the procedure required to file for compensation.

The Motor Vehicles (Amendment) Act, 2019-


The Act received the assent of the President dated 09 Aug 2019. The main provisions of the Act are related to-

  • Licensing of the drivers of the motor vehicles.

  • Registration of the vehicles

  • Liability related to the compensation for the victims

  • Punishment for the offences.

  • Hit and Run cases are also provided for under the Act.

Procedure-

The procedure to be followed by the victim or his family to claim compensation is explained as under-


  • An application shall be filed for the compensation before the motor vehicles claims Tribunal, which has jurisdiction over the area where the said accident took place, or the area where the claimant lives, or the place where the owner of the said vehicle lives as provided under Section 166 & 140. It is advised to seek assistance from an experienced Criminal Lawyers In Kolkata before filing the application form.

  • As was decided in the case of Vimla Devi v The National Insurance Company, it was held by the Bench of Justices Abhay Sabre and Indu Malhotra, that the FIR filed after an accident shall be enough to provide compensation to the aggrieved party, even if no formal complaint was filed, such FIR could be used as evidence for the same.

  • After the application has been filed, depending on the facts and circumstances of the case, the amount of compensation shall be decided.

  • As provided under the Section 165(1) of the Motor Vehicles Act, 1988, claimant is entitled to compensation under the following circumstances-

  • If the accident was caused by the use of a motor vehicle.

  • If the death or bodily injury (permanent injury)

  • If the accident resulted in the loss of property of the third party.

Types of claims-

1. No-fault liability- provided under the Section 140 of the Act, the claimant does not have to prove the fault of the other party, this kind of liability arises only in the situation where a permanent injury has been caused. The amount of compensation varies from Rs. 50000 in case death is caused and compensation up to Rs 25,000 in case a permanent injury is caused.

2. Hit and Run- As provided under the Section of 161 of the Act, in case of death compensation of Rs 2 lakh or more could be provided or in case of grievous injury compensation of Rs 50000 or more could be awarded as is provided by the Central Government.

3. Structured Formula Basis- under the recent Act, this kind of compensation has been removed, however, under Section 163 A as was provided under the previous Act of 1994.


Documents required-

a. Personal information of the victim as well as his id proof.

b. Personal information of the person filing the complaint for compensation.

c. Occupation of the victim

d. Details regarding the victim

e. Details regarding the accident

f. Copy of the registered FIR

g. Kinds of injuries to the victim

h. RC of the motor vehicle

i. Details regarding the insurance if any


Conclusion-

With the increase in the number of vehicles in the country, as well as growing urbanisation, the number of road accident cases is also increasing rapidly. There is an urgent need to cater to this issue. Many organisations in the country are also working to increase the awareness of the matter, and the government has also brought many changes in the provisions related to the same.


However, the common people also need to understand their duty for the same and should make sure that all regulations and laws are followed properly by them.


Also, if you have suffered a road accident and wish to file for compensation, it is advised to seek legal opinion and assistance from an experienced Criminal Lawyers In Lucknow.

Lead India offers you a wide pool of experienced advocates who have been successfully dealing with cases related to road accidents and thus, in case you seek assistance or legal advice for the same you may contact us.


Call Us: - +91-8800788535

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