The typical cause of head-on collisions is when one vehicle inadvertently strays into the path of an oncoming vehicle. However, the root cause sometimes lies in a steering overcorrection after veering to the side of the road as opposed to the centre.
With the development of civilization, act of negligence have become actionable wrong. In the English Law any person or the legal Analysis of road accident of deceased person who expired on account of negligent act of other can besides instituting criminal proceeding, recover damages under the Law of Torts.
Accountable negligence consist in the neglect of use of ordinary care or skill towards a person to whom the defendant owes due of observing ordinary care and skill by which neglect the plaintiff have suffered injury to his person or property. Thus, negligence accompanied with losses to the other party give rise to an action.
In order to give effective rights to the person injured or expired in an accident, Fatal Accidents Act, was enacted in India. This Act provided only a procedure and a right of named legal heirs to claim compensation from the person committing negligence. This enactment has worked in India for a comfortable long period.
Because of increase in automation and consequential losses of life and property in accident, it was considered that to give relief to the victims of accident claims an effective law should be brought in.
To facilitate this, provisions have been inserted for compulsory third party insurance and to provide a machinery of adjudication of claim in Motor Vehicle Act by amending Act No. Initially the liability was restricted to a particular sum but after the liability of the Insurance Company has been made unlimited and even the defences of the Insurance Companies have been restricted so as to ensure payment of compensation to third parties.
In the year a new concept of providing interim compensation on No Fault' basis have been introduced by addition of Section 92 A to 92 E.
By the same amendment, relief has also been given those persons who expire by hit and run accidents, where the offending vehicles are not identified. Chapter 11 provides for insurance of motor vehicle Analysis of road accident third party risk and Chapter 12 provides for the constitution of Claims Tribunal and adjudication of claim and related matters.
This law is still in an era of serious changes. Supreme Court has number of times held that this is a welfare legislation and the interpretation of provision of law is required to be made so as to help the victim.
In this process Supreme Court has passed various judgments in recent past, which have restricted the statutory defenses to the Insurance Company to a greater extent as law relating to burden of proof have been totally changed.
Limited defenses as to not holding valid driving license, use of vehicle for hire and reward, use of transport vehicle for the purpose not allowed by permit are required to be proved in so stringent manner that insurer are not getting advantage of these defenses. Scheme of Chapter 10 and 11 of Motor Vehicle Act: Chapter 10 with Sections to provides for interim compensation on No Fault' Basis.
According to this provision Rs.
The compensation under Section is made payable if prima facie evidence of following is available; 1 Accident by the offending vehicle; 2 Offending vehicle being insured; 3 Death or grievous injuries have been caused.
Unlike to main claim petition, negligence is not required to be proved and this compensation is not refundable even if negligence is not proved in the main claim application. Under Chapter 10 for interim award insurer is not even permitted to raise any defence relating to negligence of applicant or permitted under Section of Motor Vehicle Act.
But, if ultimately it is held that insurer is not liable to pay compensation victims can receive it from owner. Chapter 11 Section to provides for compulsory third party insurance, which is required to be taken by every vehicle owner.
It has been specified in Section 1 that no person shall use or allow using a motor vehicle in public place unless there is in force a policy of insurance complying with the requirement of this chapter. Section provides for the requirement of policy and limit of liability. Every vehicle owner is required to take a policy covering against any liability which may be incurred by him in respect of death or bodily injury including owner of goods or his authorized representative carried in the vehicle or damage to the property of third party and also death or bodily injury to any passenger of a public service vehicle.
According to this section the policy not require covering the liability of death or injuries arising to the employees in the course of employment except to the extent of liability under Workmen Compensation Act.
Under Section the insurer have been statutorily liable to satisfy the judgment and award against the person insured in respect of third party risk. Insurance Companies have been allowed no other defence except the following: Section A has been added in this Chapter by amending Act 54 of w.
This provision is being introduced to provide compensation to the third party victims without proving negligence or tortious act. Schedule-II has been appended to the Act to give such structural formula. Hon'ble Supreme Court has held that award under Section A is final, independent and not in addition of award in claim petition under Section where claim is sought on negligence basis.
Thus, one can claim compensation in either of the Section. Claim application can be filed under Section A for claim to be determined on structural formula basis provided in Schedule-II. Schedule-II has been adjudged as suffering from severe mistakes and the Supreme Court has held that total reliance cannot be placed on this schedule.
Further the Schedule do not provide any computation chart for the persons having more than Rs. Claim petition can also be filed under Section of Motor Vehicle Act pleading negligence where the claim shall be assessed by the Judge not on the basis of structural formula but on the basis of evidence led.
The injured or the legal representatives of deceased can file claim application in a prescribed format making driver, owner and insurer as party.
Driver is not a necessary party in some states. No limitation has been prescribed for filing of the claim application. Initially when the law has come into force the limitation was 6 months which was later increased to one year and ultimately in the garb of welfare legislation the provision of limitation has been deleted.The National Center for Statistics and Analysis (NCSA), an office of the National Highway Traffic Safety Administration (NHTSA), is responsible for providing a wide range of analytical and statistical support to NHTSA and the highway safety community at large.
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