Advocate at Delhi High Court, India
Advocate at Delhi High Court, India
Road traffic accidents in India have reached alarming proportions, with the Ministry of Road Transport and Highways reporting over 4.6 lakh accidents annually. In response, the Motor Vehicles Act, 1988 introduced Motor Accident Claims Tribunals (MACTs) to expedite compensation claims and relieve civil courts from mounting caseloads. This paper undertakes a comprehensive analysis of the procedural and substantive framework governing MACTs, their jurisdiction, and the evolution of compensation jurisprudence in India. It reviews legal provisions, regional procedural innovations like the Detailed Accident Report (DAR) scheme in Delhi, and landmark Supreme Court and High Court judgments shaping compensation standards, including the multiplier method and principles governing dependency losses, future prospects, and personal injury assessments. Special emphasis is placed on issues such as compensation for the death of homemakers, children, and owners/borrowers of vehicles, as well as distinguishing between composite and contributory negligence in accident scenarios. The research highlights persistent procedural delays, regional inconsistencies, and limitations in insurance liability, and concludes by advocating for uniform procedural guidelines, stricter adherence to established precedents, and legislative reforms for ensuring fair, just, and efficient compensation to accident victims and their dependents.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 1033 - 1062
DOI: https://doij.org/10.10000/IJLMH.119774This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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