Manifold Advisory

Sovereign Immunity: Govt. Vehicles or vehicles owned by the government are exempted from taking insurance. Effect of Criminal Trial– The criminal case against the Driver has nothing to do with a civil case that is running in MACT, both cases are independent. No one can claim a benefit under a MACT case where there is no blood relationship and a claimant is just a person named beneficiary by WILL

Position of WC Act, an employee who is employed in connection with a Motor (Driver, Conductor, labor, etc,) is allowed to move either to MACT court or to WC court. The advantage in WC court is that here drivers and employees need not prove negligence and even if they are responsible for causing an accident they get compensation under the WC act from the employer and if insured by the insurance company. A declaration is to be signed while going in for MACT that there is no case pending in the WC court. If someone is covered under the ESI Act, then he or she will not be allowed to take advantage of the MV act. Where a driver himself is guilty, the liability is restricted up to No fault liability only. under Section 110 the State Government is authorised to establish MACT courts for special purpose and speedy disposal of road accident cases of injury death and property damage. The Judge should be of a district judge or High Court Judge level. National Insurance V/s Swaransingh a landmark judgment and leading case suggests that the MV Act intends to provide benefits to road victims, which should be kept always in mind by the Judges who decide the cases in MACT. Thus MV act is a benevolent act. MV Act intends to provide quicker settlement and hence instead of Civil Courts, special MACT tribunals are established. Train cases on level crossings will also be heard by MACT.. Even claims occurring on private places will be referred to MACT. Claims Tribunals (MACT) is empowered with the powers of civil courts, like 1. Transferring of petitions 2. Letter Patent Appeal (challenging single bench and referring to full bench), 3. Modification of award, 5. Limitation on Jurisdiction Place to sue (forum Shopping) The victim can file a case from four places 1. where the accident has taken place, 2. where he resides 3. where he works, 4. where an insurer is located (policy issuing office). Due to this facility (forum shopping), there can be fraud, as victims can take advantage of getting compensation from two different courts. There should not be an appeal against the award if the amount is only Rs 15000 and this limit is now Rs one lakh, it means up to one lakh award there shall not be any appeal in the Higher Courts.

Documents required for filing a case into MACT- FIR, inspection Map, site inspection memo, panchnama injury report or post mortem report, and other documents prepared by Police or Physician while discharging the victim. An appeal is to be filed under section 173 and to this an amount of Rs 25000 is to be deposited or 50% of the amount is to be deposited whichever is less. Duty to Satisfy Judgement, an award passed by the MACT is to be deposited within 30 days unless there is an appeal. The appeal limit is 90 days.

As the quicker settlement is the need of the hour, there are alternative methods of settlement, like 1. Conciliatory Committee under section 152 of MV Act, the committee comprises one orthopedic doctor to suggest for percentage of injury 2. Joint Compromise Petitions (RICC with power up to 18 lakh and DICC with power up to 10 lakhs ) 3. JALD Rahat yojna, help of Retd. Judges, Medical Practitioners, and retired Executives of Insurance to form a committee. 4 Consensual Adjudication (where both parties agree application shall be filed with the Court to award the judgment) 5 Lok Adalat (compromise settlement, first time introduced by Justice P N Bhagwati, is a popular mode of settlement, there is now a permanent look adalat and there is one national level look adalat in a year to settle pending cases. 5. Solatium funds for hit-and-run accidents.

Pecuniary Damages (Special Damages) and Non-Pecuniary Damages are General Damages, the former is measurable and latter is nonmeasurable in terms of money. Pain and suffering 5000, loss of consortium 10000, Loss of estate 5000, Medical actual bills or maximum Rs 50000.