Compensation in motor accident claims: a study of emerging trends

Abstract

India has the dubious distinction of being one of the countries with the highest number of road accidents and the longest response time in securing first aid and medical treatment. The terrible figure of road accidents yield a cart-load of case law, which, of course, is not an elegy on the dead but real tribute on this threatening piece of legislation. Each case, however, bears its own imprint which cannot be universalized. The paradoxes involved in each individual motor accident case had posed four confounding situations, namely: 1. A section of accident victims doubly unfortunate, first in getting involved in an accident yet not getting compensation. 2. Widespread practice of using goods vehicles for passenger traffic. 3. Procedural delays in settlement of claims 4. Duty of courts to award compensation and secure it to the advantage of those for whom it was meant. In the present study an attempt has been made to find out the possible answers of the following s: 1. What are the exiting provisions relating to Motor Accident Claims in India? 2. What is the proper procedure and working pattern of Claims Tribunals for awarding compensation in motor accident claims? 3. Whether in the matters of negligent cases relating to motor accidents the maxim res ipsa loquitur plays a role in deciding the cases by the civil courts? 4. Whether in the matters of negligent cases relating to motor accidents the maxim of res ips loquitur can be applied in determining criminal liability? 5. What are the exiting trends in grant of compensation in respect of bodily injury, death and damages to the vehicles and property? 6. What are the methods, which are used by the courts in calculating the amount of compensation in respect of bodily injury, death and damages to the vehicles and property? 7. What is the procedure applied by the Lok Adalats in Disposing of the Motor Accident Claims and whether such awards made by the Lok Adalats are just, fair and reasonable or not?