Page 73 - Motor Insurance Ebook IC 72
P. 73

Guide for Motor Insurance

Q2. Who can file an application for compensation
         before the MotorAccident Claims Tribunal.

Ans: An application for compensation arising out of an
         accident U/S 166 of Motor Vehicles Act, 1988 can be
         made by
         a. the person who has sustained the injury, or
         b. the owner of the property, or
         c. where the death has resulted from the accident, by
              the legal representative/s of the deceased, or
         d. any agent duly authorized by the person injured.

Where the legal representatives of the deceased have
not joined in any such application for compensation, the
application shall be made on behalf of or for the benefit
of all the legal representatives of the deceased, and the
legal representatives who have not so joined, shall be
impleaded as respondents to the application.

In addition to the above, the MACT can suo moto initiate,
proceeding against the tort feasor based on the Accident
Information Report in Form No. 56 CMV Rules, 1989
u/s 158 (6) M VAct, 1988 received from a Police Officer
investigating the case.

It may be noted that as per section 158(6) it is mandatory
for the officer in charge of a police station to submit
Accident Information Report in Form No. 56 CMV

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