* Due to the increase in automation and consequential loss of life and property in accident, it was considered that to give relief to the victims of accident claims many laws have been enacted and provisions have been inserted for compulsory third party insurance and to provide a machinery of adjudication of claim in the Motor Vehicle Act and procedure for adjudication of claim has been provided.
* The aim of all insurance is to compensate the owner against loss arising from a variety of risks, which he anticipates, to his life, property and business. Insurance of motor vehicle comes under miscellaneous insurance.
* Motor accident claim may be made by the injured person and in case of death the legal heirs of the deceased are claimants.
* The courts can only grant compensation for the pecuniary and monetary loss caused and some other expenses, but no court can even attempt to grant compensation for loss of life or limb. Mainly pecuniary loss has to be assessed.
* Pecuniary damages include medical treatment, attendance, transportation, special diet, Actual loss of earning of profit up to the date of trial; Future loss of earning.
* Non pecuniary damages include mental and physical shock, pain and suffering already suffered or likely to be suffered in the future, damages to compensate for the loss of amenities of life which may include a variety of matters, i.e., on account of injury the claimant may not be able to walk, run or sit.
* Motor Vehicle Act’s Chapter 10 provides for interim award. Chapter 11 provides for insurance of motor vehicle against third party risk and Chapter 12 provides for the constitution of Claims Tribunal and adjudication of claim and related matters.
* Commercial vehicle accident
* Pedestrian and biking accident
* Public transportation accidents
Defective Automated Products
* Texting and driving and other distracted driving accidents
Defective highway design and maintenance claims etc.
* If you have suffered personal injuries from a motor vehicle accident anywhere in India, Vakilpro will be able to help you.