Motor vehicle accident compensation claim when accused vehicle not insured

[Anonymous]

Recently I was hit by a tractor while I was going on my motor cycle. I got some grievous injuries including fracture in my leg, which the doctor says will take about 3 to 6 month to cure. The police has informed me that the tractor is not insured. In fact that is not even a tractor, it is an improvised tractor which is local made (this is very popular in Punjab). Such tractors are not passed by RTO but they carry a few tons of goods like any official tractor. What should I do since the police also told that the owner of tractor does not have money to compensate for the accident loss, more so when it was not insured also?

[Dr. Ashok Dhamija]

You may have to file your claim in the Motor Accident Claims Tribunal (MACT) against the owner of the tractor (or whatever be the name of the vehicle), irrespective of whether or not he is capable of paying the compensation. Do not go by what the police says. Whether or not he is capable of paying compensation will be decided later on by the MACT and the subsequent proceedings to recover the compensation, if any. Why do you want to presume it at the beginning itself?

Secondly, you should also make the State Government a respondent in your claim. It was the duty of the State Government (through its officers such as RTO) to seize such illegal vehicles which are not even passed for running on public roads, as you have mentioned. Further, it was the duty of the State Government to ensure that a vehicle, which does not have a statutory insurance policy mandatorily required under the Motor Vehicle Act, should not be allowed to run on public roads. The State Government has failed to do its duty in this regard. It needs to be made to pay part or full compensation on account of its failure. At least, you should try that.

     

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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. List of his YouTube Videos.

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