Mact
RAHUL MAHAJAN
(Querist) 30 March 2012
This query is : Resolved
Sir,
Is there any time limit before which we can not file a claim case in MACT regarding injury and also when we have not got disability certificate?
RAHUL MAHAJAN
(Querist) 30 March 2012
can we file claim petition even after 1 month from the date of accident, we will get the permanent disability certificate after 1 year ?
Kindly explain in detail plz.
Regards
Rajeev Kumar
(Expert) 30 March 2012
Yes you can file claim petition
SAINATH DEVALLA
(Expert) 30 March 2012
Dear Rahul,
There is no time limit as the caase will be registered by the police as per section 304 ipc.
A. When an accident takes place, a case is registered by the Local Police. In your case as the person has disabled, the criminal case will attract Section 304 A of the Indian Penal Code which provides for offences relating to disability due to negligence. The State has to prove that the accident took place with the other man's negligence. In such cases the statements of the eye witnesses (if any) to the accident is required to be produced during the trial. It is also to be proved that the pedestrian was not at any fault. To claim compensation you have to file a separate petition under Motor Vehicle Act in the Motor Accident Claim Tribunal. Even if the fault of driver is not proved still the legal heirs of the deceased will be entitled to "no fault liability" from the Insurance Company
A. A motor accident has two facets, one is the commission of criminal offence and the other is compensation claim. The person responsible for causing the accident by negligent driving is liable to be booked for criminal offence, further liable to pay compensation to the victim. However, if the vehicle is insured, insurance company will pay
Raj Kumar Makkad
(Expert) 30 March 2012
Claimant need not wait for disability certificate prior to filing of the petition as this certificate can even be obtained during the pendacy of the petition before the closure of the evidence on behalf of the claimants.
