Territorial jurisdiction for Claims Tribunal in a motor vehicle accident case

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 8 months, 1 week ago.

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  • #3352

    Anonymous
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    My brother got a serious injury (fracture in leg and few other injuries) in an accident caused by a motor cyclist. He had to spend several days in hospital and had the plaster on his leg for 6 weeks and even now he is supposed to spend 6 weeks for rehabilitation. We want to file a claim for compensation for these injuries caused by the accident. Where should be file such accident compensation claim?

  • #3353

    An application for seeking compensation arising out of a motor accident which led to such serious bodily injury can be filed in the Motor Accidents Claims Tribunal (MACT). It has to be filed before the Claims Tribunals having territorial jurisdiction as defined in Section 166(2) of the Motor Vehicles Act, 1988, which is as under:

    “(2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed:

    Provided that where no claim for compensation under Section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.”

    Therefore, it may be convenient to file such claim in the Claims Tribunal having jurisdiction over the area in which the accident occurred, or to the Claims Tribunal within whose jurisdiction the claimant resides or carries on business. It can also be filed in the Claims Tribunal within the local limits of whose jurisdiction the defendant resides.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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