Janak Raj Jai Motor Accident Claims - Law & Procedure

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Part I: Introduction and Legal Framework

1. Overview of Motor Accident Law in India

   • Historical development

   • Objectives of compensation laws

   • Social welfare legislation approach

2. Motor Vehicles Act, 1988 – Key Provisions

   • Structure of the Act

   • Chapters X to XII: Claims and Compensation

   • 2019 Amendments and recent updates

Part II: Liability and Compensation

3. Types of Liability

   • Fault-based liability

   • No-fault liability under Section 140

   • Strict liability and Section 163A

   • Hit and run cases – Section 161

4. Persons Entitled to Claim Compensation

   • Legal representatives

   • Injured persons

   • Owner/third party rights

5. Determination and Assessment of Compensation

   • Fatal accidents and personal injuries

   • Loss of income and earning capacity

   • Permanent/temporary disability

   • Future prospects and dependents’ loss

   • Use of multiplier method

Part III: Motor Accident Claims Tribunal (MACT)

6. Jurisdiction and Powers of MACT

   • Constitution and location of MACTs

   • Procedural powers under Civil Procedure Code

   • Award of interest and costs

7. Filing of a Claim Petition

   • Who can file and where to file

   • Time limitation

   • Format and documents required

8. Trial and Adjudication Process

   • Summoning of parties

   • Recording of evidence

   • Examination of witnesses and experts

   • Interim awards and final order

Part IV: Role of Insurance Companies

9. Third Party Insurance

   • Mandatory coverage under Section 146

   • Extent of insurer’s liability

   • Certificate and policy of insurance

10. Defences Available to Insurers

• Breach of policy conditions

• No insurable interest

• Use of vehicle beyond permit or license

• Fake or expired policies

11. Right of Recovery and Pay-and-Recover Principle

• Judicial trends

• Subrogation rights

Part V: Legal and Evidentiary Aspects

12. Evidentiary Requirements in MACT Cases

• FIR, charge sheet, and MLC reports

• Medical evidence and disability certificate

• Vehicle documents and driving license

• Oral and documentary evidence

13. Calculation Tools and Case Law

• Use of structured formulas

• Supreme Court guidelines on computation

• Sarla Verma and Pranay Sethi cases

Part VI: Appeals and Enforcement

14. Appeals Against MACT Awards

• High Court jurisdiction under Section 173

• Grounds for appeal

• Time limitations and procedures

15. Execution and Recovery of Awards

• Enforcement of compensation

• Role of executing court

• Challenges in enforcement

Part VII: Emerging Issues and Developments

16. Impact of Motor Vehicles (Amendment) Act, 2019

• Enhanced compensation amounts

• New hit-and-run compensation scheme

• Online filing and accident database

17. Online MACT Filing and Virtual Hearings

• Digitisation of claims process

• Use of digital evidence and e-portals

18. Judicial Trends and Social Impact

• Recent key judgments

• Compensation as a tool of justice

• Suggestions for reforms