Motor Accident Claims: Law and Procedure

With the enormous increase in the number of motor vehicle accidents on the Indian roads, the precious life of a foot passenger (pedestrian), a cyclist, a scooterist and an occupant of motor car/passenger bus, has been put to a great risk and danger. The fundamental right to life is the most precious human right and thus forms the arc of all other rights. The preservation of human life is, therefore, of paramount importance, because if one’s life is lost the status quo ante cannot be restored, as resurrection is beyond the capacity of man. Unfortunately the number of deaths and injuries on account of road accidents is as alarming as any other dreaded disease and need to be controlled by every possible effort on the part of those who owe a sacred duty towards the preservation of human lives. Remedy for the victims of motor vehicle accidents has been provided under the Motor Vehicles Act. Tribunals have been constituted to entertain petitions of compensation against the negligent drivers, the owners of the vehicles, and the Insurance Companies. A victim on the street is never in a position to ask for adequate compensatory relief for his lawfully entitled claims from a rich and privileged adversary, because no sooner he gets claim in action he finds himself in a number of procedural wranglings. The highest number of victims of road accidents are the pedestrians and next to them are the cyclists, and the scooterists. These victims, by and large belong to poor strata of society. A large number of these victims are unaware of the remedies available to them, in spite of the fact that there is a prescribed procedure and the forum to entertain their petitions for claims of compensation. Taking into consideration all the difficulties and hardships faced by the victims, the present book has been written in a very simple language for the benefit of the general public, the lawyers, the insurance companies, and all the members of the legal fraternity. Almost all the topics have been covered under the Motor Vehicles Act as also the forum available to get maximum compensation with minimum exercise. Uptodate law declared by the Supreme Court and various High Courts under the Motor Vehicles Act has also been incorporated in the present work. The important sections of the Motor Vehicles Act, 1988 and the relevant rules framed under the Act have also been added.