Motor Vehicles Act

In motor vehicle compensation claims in which the fault of the driver concerned is not pleaded, such claims are filed under Section 164 of the Motor Vehicle Act, 1988 (MV Act). The issue of negligence, wrongful act, or default of the driver of the concerned vehicle cannot be pleaded in such claims.

In hit and run motor accidental cases Motor Accident Claims Tribunal (MACT) has no judication or role under Section 161 Motor Vehicle Act, 1988 (MV Act). Such claims will be dealt with the Claim Enquiry Officer( CEO).

A person injured in a motor vehicle accident can claim two types of damages: one is non-pecuniary damages (general damages) and the other is pecuniary damages (special damages). The non-pecuniary damages (general damages) are the damages which cannot be calculated in terms of money. The Pecuniary damages are those damages which the victim has actually incurred and are capable of being calculated in terms of money.

The victims of motor vehicle accidents are eligible to get compensation, as a relief measure, under the Motor Vehicles Act, 1988 (MV Act). The M V Act lays out provision for establishment of Motor Accidents Claims Tribunal (MACT). MACT is empowered to adjudicate all claims relating to compensation in motor vehicle accidents, involving death, bodily injury or damage to property.

In S. Rajaseekaran v Union of India [(2018) 13 SCC 516] the SC held that all States and Union Territories are expected to implement the National Road Safety Policy with all due earnestness and seriousness. In Suo motu v State of Kerala [2022 (7) KHC 185 (DB)], the HCK has issued similar directions to the authorities in the context of Sabarimala season. The judgement reminds the state government to implement the National Road Safety Policy with due earnestness and seriousness as the Supreme court had said in the above said S. Rajaseekaran judgement.

Police declares talking on Bluetooth as an offence The Section 184 of the Indian Motor Vehicles Act, the amendment of which came into force on 1 September 2019, defines and…