What is the Motor Accident Claims Tribunal?

Accidents are just unavoidable when vehicles enter the roads in India, or any other place to be honest. The reasons could be numerous, but disputes accompany all such accidents. The Motor Accident Claims Tribunal (MACT) helps resolve such legal disputes based on the law which governs the rights of people involved in a road accident, and about compensation. The Motor Vehicles Act, 1988 lays the provision regarding establishment of MACT, while the Motor Accidents Claims Tribunal Rules, 2008 lay the procedure to be followed. 

What is the MACT law in India?

The law related to motor vehicles is provided under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal is established for dealing with applications seeking compensation claims and disputes that arise under different provisions of Motor Vehicle Act. Every vehicle in India is insured and based on who was at fault, compensation orders are issued by the MACT. If the victim seeking compensation was the one at fault, there may be no compensation at all, and if there was no fault but circumstances led to the accident, the Insurance company may be held liable. Hence, it depends upon the facts and the applicable laws.

What is the process of filing a Mact case?

In a road accident, the first authority to connect with is the Police, who register First Information Report (FIR) in case of fatal road accidents, where someone dies. In either case, the information will be entered in the Daily Diary of the Police Station. In any case, FIR helps with insurance claims. The chargesheet - investigation report becomes the evidence for the trial purposes. The matter is heard before the Motor Accident Claims Tribunal wherein the parties are usually represented by MACT Advocates. After hearing both sides and looking at the evidence, the MACT decides whether the party seeking compensation is liable for any relief, whether by the other person involved in the accident or by the Insurance Company. 

Who can claim under MACT?

As per Section 166 of the Motor Vehicles Act, 1988, a rightful claimant can be a person who:

• Is the person who suffered injuries or his/her authorised representatives

• Is legal heir/representative of the deceased person who lost his/her life during the accident

• Is the rightful owner of the property involved in the accident

• Is the rightful owner of the property which sustained damages in the accident