Accident Claim Law

The number of road accidents that happen every year in India has surged in the past few years, with augmentation in a number of motor vehicles. Most of the victims are pedestrians or driving two-wheeler vehicles. Road accidents are one of the chief reasons of deaths and permanent disablements in India. 

However, most people are oblivious about how to deal with a road accident and how to seek compensation. Here's the complete guide on road accident claims under the motor vehicle laws: 

Who Can Claim Compensation in Motor Accident Cases?

Under Section 165 of the Motor Vehicles Act, 1988, claim for compensation can be made by following:

• The person who has sustained the injury.
• All of any of the legal representatives of the deceased.
• Any agent duly authorized by the person injured or all or any of the legal representatives of the deceased.

Where Should One Claim Compensation for Motor Accident?

The primary question that arises in case of road accidents is where the complaint must be filed. According to the law, an application can be made at the option of the person who is claiming for compensation in the following courts: 

• The Claims Tribunal which has jurisdiction over the area where the accident happened.
• The Claims Tribunal which has jurisdiction over the area where the person resides or carries on business.
• The claims tribunal which has jurisdiction over the area where the person who caused the accident resides.