Page 74 - Motor Insurance Ebook IC 72

The Insurance Times

Rules, 1989 to the MACT within 30 days with a copy to
the insurance company.

Q3. Where to file. Whether a claim for compensation
can be filed anywhere or everywhere at the option
of the claimant?

Ans: No. As per Section 166, every application for
compensation arising out of an accident involving death
or bodily injury 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 where
the claimant resides or carries on business or where the
defendant resides.

And shall be, in such form and contain such particulars
as may be prescribed.

Thus, the claimant have the option to choose the place
where he can make an application for compensation.
But his option of venue is limited to the places mentioned
in Section 166 M V Act, 1988. Thus it is not true to say
that a claim for compensation can be filed anywhere
and everywhere.

In addition to the above, the MACT can suo moto initiate,
proceeding against the tort feasor based on the Accident

Website: www.bimabazaar.com Call: 033-22184184 / 40078428 74

Copyright@ The Insurance Times. 09883398055 / 09883380339