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Motor Accidents: How to Claim Damages

Motor Accidents: How to Claim Damages

Sentinel Digital DeskBy : Sentinel Digital Desk

  |  10 Dec 2018 3:53 AM GMT

Are you accident victim/victims – injured, next of kin of one killed in an accident, or one who is/are suffering loss due to an accident? You need to knock on the door of the MACT (Motor Accidents Claims Tribunal) and get compensated. MACTs are presided over by judicial officers of higher judicial service of a State.

In case of personal injury, you can report it to the MACT yourself/yourselves or through your advocate, but only through the advocate if you are a minor. In case of death, you (all legal heirs) yourself/yourselves or your advocate have to move the MACT. In the event of property damage, you (owner of the vehicle) have to report it to the MACT.

Make sure that your application has the following documents attached to it –

(i) A copy of the FIR filed in connection with the accident, if any; (ii) a copy of the MLC (medico-legal case)/post-mortem report/death report, as the case may be; (iii) documents regarding identity of claimant/claimants and of the deceased, in case of death; (iv) original bills of expenses incurred on the treatment along with treatment records; (v) disability certificate, if already obtained, in case of injury; (vi) proof of income of the deceased/injured; (vii) documents proving the age of the victim; (viii) the cover note of the third party insurance policy, if any; and (IX) an affidavit giving details of claimants, if death, relationship between claimant/claimants and deceased.

Since Assam has only one MACT in Guwahati, victims can move the MACT or any other local courts.

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