Delhi High Court has given the Central government a six months timeline to enforce the provisions of the Motor Vehicles Act that provide for a grant of compensation to road accident victims, even if the errant vehicle is uninsured, as well as in hit-and-run cases.

 

About the Motor Vehicle Act of 1988

  • It is a comprehensive Act that has replaced the Motor Vehicle Act, 1939.
  • It was implemented on 1st July 1989.
  • The act covers all aspects of road transport vehicles, such as registration, licensing, regulation, claims, compensation in case of accident etc.
  • The act regulates all cases related to Motor Accidents all over India.
  • A person injured in a motor accident or legal representatives of a person deceased in a motor accident can apply for compensation under Motor Vehicles Act, 1988.
  • The act was amended in 2019 and 2022. Both these amendments deal with third-party insurance and claims management, including filing claims with the Motor Accident Claim Tribunal.

 

About the Motor Accident Claim Tribunal

  • It was created by the Motor Vehicles Act, 1988.
  • It has been constituted to provide speedier remedy to the victims of accidents by motor vehicles.
  • There is no time limit for filing motor vehicle accidents claims.
  • A State Government can constitute one or more Motor Accidents Claims Tribunals.
  • Civil Courts do not have jurisdiction in the matters which concerns the Motor Accidents Claims Tribunal.
  • The appeals against the Claims Tribunals will lie before the High Courts.
  • The appeal is limited by time and has to be filed in the High Court within 90 days from the date of award of the Claims Tribunal.