Road Incident Victims: Seeking Justice and Compensation

Road Incident Victims: Seeking Justice and Compensation

Road safety is a top priority for everyone in today’s fast-paced society, whether they commute every day or only sometimes travel. Even with strict driving laws and safety precautions, accidents unfortunately do happen. This article addresses the legal options open to victims of traffic accidents involving any commercial transport services for seeking justice and damages. It focuses on the legal channels accessible under Indian law, namely the Motor Accident Claims Tribunal (MACT).

Immediate Steps to Take

1. Seek Medical Attention:

Prioritize your health by seeking immediate medical care.
Obtain detailed medical reports documenting your injuries.

2.Document the Incident:

Take photographs of the accident scene, your injuries, and any damage to property.
Collect contact details of witnesses, if any.

3. Report the Incident:

File a complaint with the local police station, providing all details and evidence.
Report the incident to the service provider (e.g., Uber) through their official channels.

Legal Options for Seeking Justice and Compensation

Victims of road incidents have several legal avenues to seek justice and compensation. Here’s a detailed steps:

1. File a Police Complaint:

Sections of IPC (Indian Penal Code):

• Section 279: Rash driving or riding on a public way.
• Section 338: Causing grievous hurt by act endangering life or personal safety of others.

Ensure that the police register an FIR (First Information Report) and provide you with a copy.

2. Motor Accident Claims Tribunal (MACT):

i. Eligibility and Jurisdiction:

The MACT deals with claims for compensation arising out of motor vehicle accidents. Victims or their representatives can file a claim in the MACT having jurisdiction over the area where the accident occurred or where the claimant resides.

ii. Types of Compensation Claims:

• Section 140: No-fault liability claims. Under this provision, the claimant is entitled to a fixed compensation (Rs. 50,000/- for death and Rs. 25,000/- for permanent disability) without proving negligence.
• Section 163A: Structured formula-based compensation. This provision allows for compensation based on a predetermined formula, irrespective of proof of fault.
• Section 166: Fault-based claims. This provision requires the claimant to prove the negligence of the driver/owner of the vehicle involved in the accident to seek compensation for death, injury, or property damage.

iii. Process of Filing a Claim:

a. Prepare the Petition:
Draft a detailed petition outlining the facts of the accident, nature of injuries, medical treatment received, and expenses incurred.
b. Attach Documentation:
Include supporting documents such as the FIR, medical reports, bills, photographs of the accident scene, and any other relevant evidence.
c. Submit the Petition:
File the petition with the MACT and pay the required court fee.
d. Attend Hearings:
Attend all scheduled hearings. The MACT may summon witnesses, including medical experts, to testify.
e. Award of Compensation:
Based on the evidence presented, the MACT will determine the quantum of compensation and issue an award. The award may cover medical expenses, loss of income, pain and suffering, and other relevant damages.
f. Consumer Court:If the service provider’s negligence is evident, you can file a complaint in the consumer court for deficiency in service.

iv. Consumer Protection Act, 2019: Seek compensation for medical expenses, pain, and suffering, and loss of earnings.

a. Communication with Service Provider: Document all interactions with the service provider, including emails, phone calls, and messages.
b. Medical Records: Keep comprehensive records of all medical treatments, bills, and related expenses.

Additional Compensation for Good Samaritans and Victims

a. Good Samaritan Compensation:

The Ministry of Road Transport and Highways has a scheme to reward Good Samaritans who help road accident victims.
Under this scheme, people who take the injured victim to the hospital within the ‘Golden Hour’ (the first hour after a traumatic injury) are eligible to receive a reward of Rs. 5,000/-.

b. Communication with Service Provider -Document all interactions with the service provider, including emails, phone calls, and messages.

c. Medical Records:
Keep comprehensive records of all medical treatments, bills, and related expenses.

d. Victim Compensation:

As per the guidelines issued by the Indian government, victims of road accidents are entitled to a compensation of up to Rs. 2.5 lakhs under various circumstances. This compensation can be claimed in addition to the amount awarded by the MACT.
The claim can be filed under the guidelines of the Motor Vehicles Act and through the applicable victim compensation schemes in each state.

Latest Case Laws and Apex Court Precedents

Case Law 1 . K. Suresh v. New India Assurance Co. Ltd. (2020):

In this landmark case, the Supreme Court emphasized the importance of compensation to road accident victims. The Court underscored the need for swift and adequate compensation, emphasizing that delays and bureaucratic hurdles must be minimized.

Case Law 2 . Rajesh v. Rajbir Singh (2013):

The Supreme Court increased the compensation amount awarded by the MACT, stating that compensation for pain and suffering, loss of amenities, and future prospects must be considered adequately.

Case Law 3. Sarla Verma v. Delhi Transport Corporation (2009):

This case set important guidelines for calculating compensation, including considerations for future prospects and dependency loss. The Supreme Court standardized the multiplier method for determining compensation amounts.

Things to File for Compensation:

• Work with your lawyer to file a detailed compensation claim before the MACT.
  Include all relevant documentation: medical reports, police FIR, evidence of negligence, and proof of expenses.
• Follow Up on Your Case:
  • Regularly follow up with your lawyer and the concerned authorities to track the progress of your case.
    Attend all hearings and provide any additional information requested by the tribunal or court.

Conclusion

Accidents involving commercial transport services not only highlight the importance of road safety but also the need for stringent oversight by service providers. Victims of such incidents must be aware of their rights and the legal remedies available to them. By taking the appropriate steps, maintaining thorough documentation, and seeking legal assistance, victims can effectively navigate the aftermath of road incidents and secure the justice and compensation they deserve.

The recent road accidents and related incident underscores the urgency for better safety protocols and accountability in the ride-sharing industry. Until substantial improvements are made, passengers should exercise caution and remain vigilant while using these services.

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