With the increase in vehicular traffic, accidents caused by motor vehicles are no more a rare sight nowadays. In such uncertain situations, many lose their property and some even their lives.
This doesn't need to occur due to your fault every time. Sometimes, you get involved in an accident due to the fault of others.
The Motor Vehicles Act, 1988 comes in as a legislative redressal in such situations with provisions that protect the interests of those who aren’t at fault, ensures adequate compensation, and justice to the victim as well as punishment for the person whose ignorance called for the accident.
It is only through this act that an offender can be held liable in the case of an accident so that compensation can be provided to those who suffered because of the fault of others. Hence, this act aims at preventing road accidents as well as serve as a legislative mechanism in case an unfortunate incident occurs.
The first act to come into force for the regulation of road transport vehicles involved in accidents was the Motor Vehicles Act, 1914. This act was further replaced by the Motor Vehicles Act, 1939.
After this, the urgent and rising need for an improved legislation process, which covers all the facets of vehicular accidents through its provisions, was required. This led to the emergence of the Motor Vehicles Act, 1988, which replaced the Act of 1939.
This Act, which was implemented on the 1st of July, 1989, emerged as landmark legislation coming in as a strong force to regulate vehicles and transport on the road. Its salient features included:
Now that you have a fair and necessary understanding of what is the Motor Vehicles Act, 1988 as well as, why was there a need for improved legislation to be implemented, let's move ahead to addressing the question you came here for – What is Section 166 under this act?
In simple words, Section 166 of the Motor Vehicles Act, 1988 includes provisions for who all can apply for compensation in the Motor Accident Claims Tribunal(MACT) in case they get involved with a road accident. As per this section, a person can claim compensation in MACT if:
Please note that in such cases, the ‘Owner’, under section 2(30) of the act, will be classified as the person whose name stands registered with the motor vehicle, and in the case of a minor, the person who is the guardian of the involved minor.
Compensation under this section can be claimed by applying with either one of the following tribunal locations:
Even though there is no prescribed time limit within which the application for the claim is to be filed, it should still be ensured that it is done within a reasonable amount of time. Doing otherwise can raise queries and doubts in the tribunal. Compensation is awarded to the concerned party by the tribunal in the following cases:
The amount of compensation that can be claimed under this section has been laid down in Sect 163A of the MV Act, 1988. Nonetheless, the owner of the vehicle or the insurer is liable to pay the following amount:
Moreover, as it may seem fit, the tribunal can grant additional compensation to the victim based on their case.
The Motor Vehicles Act, 1988 was enacted as a preventive measure for road accidents as well as a remedial measure in the case an accident occurs. However, laws that require implementation otherwise are nothing more than countless papers.
It is not only the responsibility of the government, but the people as well to ensure effective implementation of this act so that genuine redressal can take place in cases of unfortunate incidents. Everyone should act responsibly on the road and follow all traffic rules diligently to mitigate road accidents.
Additionally, while prevention is always better than cure, unforeseen events can still occur anytime on the road, so make sure that you do your research and buy the best car insurance policy for your vehicle. You can compare car insurance quotes on Policybazaar.com and choose the plan that best suits your needs.
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