Motor Accidental Claims Cases

With the evolution of civilization of human beings, the actions of negligence have become an actionable error. In English law, any individual or legal associate of the deceased who has passed away because of the negligent action of others may recoup damages under tortious law in addition to initiating criminal proceedings. Consequently,  the carrying on of negligence by losses to the other individuals paving the way for institution of action.

Fatal Accidents Act, 1885 was enacted by the British Government in India in order to provide equal rights to the person wounded or deceased in an accident. The Act provisioned for a process and the right of designated legal heirs to seek relief from the negligence committer. The law worked for a considerable period of time. Due to the rise in automation and far-reaching damage of life and asset in the event of an accident, it was recognized that an efficient law should be introduced in order to provide for respite to the victims of accident claims.

In order to encourage this, arrangements have been enacted for mandatory third-party insurance and to establish an adjudication process for claimants under the Motor Vehicle Act by amending Act No.110 of 1956, under which sections 93 to 109 relating to third-party insurance and sections 110(A) to 110(F) relating to the establishment of the Motor Accident Appeals Tribunal and the procedures for adjudication of claimants have been catered. Originally, the responsibility was limited to a single amount, but after 1982, the responsibility of the Insurance Corporation was made unrestricted and even the protection of the Insurance Industry were reduced in order to ensure that third parties are provided with award of indemnity. 

In 1982, the extension of Section 92(A) and 92(E) created a new principle of granting temporary relief on the grounds of No Fault’. Many people that die from hit and run collisions have since been provided coverage under the same provision, where the offending vehicles are not classified.