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. List of his YouTube Videos.
.
