Decoding Section 166 of the Motor Vehicles Act

The Motor Vehicles Act of 1988 is a crucial piece of legislation that governs road transport in India. It lays down rules and regulations to ensure the safety of commuters and provides a framework for seeking compensation in case of accidents. Among its many provisions, Section 166 of the Motor Vehicles Act holds special significance for accident victims and their families.

Key Hi​ghlights

• Section 166 of the Motor Vehicles Act allows accident victims or their legal representatives to seek compensation.
• Claims can be filed in the Motor Accident Claims Tribunal (MACT) having jurisdiction over the accident location or the claimant's residence.
• Compensation is awarded for injuries, permanent disability, death, and property damage caused by the accident.
• The Act ensures speedy settlement of claims and protects the interests of innocent victims.

What is S​​​ection 166 of the Motor Vehicles Act?

Section 166 of the Motor Vehicles Act is a crucial provision that enables accident victims or their legal representatives to seek compensation for the losses suffered due to the accident. This section falls under Chapter XII of the Act, which deals with claims tribunals and compensations.

According to Section 166, an application for compensation can be made by:

• The person who has sustained the injury
• The owner of the property damaged in the accident
• The legal representatives of the deceased, in case of death, resulting from the accident

The application must be made to the Motor Accidents Claims Tribunal (MACT) having jurisdiction over the area where the accident occurred, or where the claimant or defendant resides.

It's important to note that there is no specific time limit prescribed under Section 166 of the Motor Vehicles Act for filing a claim. However, it is advisable to file the application as soon as possible to avoid any doubts or suspicions during the tribunal proceedings.

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Compensa​tion Under Section 166 of the Motor Vehicles Act

The MACT awards compensation to the claimant in the following circumstances:

1. When the accident has caused bodily injury to the victim
2. When the accident has resulted in permanent disability of the victim
3. When the accident has led to the death of the victim
4. When the accident has caused damage to or loss of property

The amount of compensation that can be claimed is laid down under Section 163A of the Act:

• In case of death, a minimum compensation of ₹50,000 is to be paid
• In case of permanent disability, a minimum compensation of ₹25,000 is to be paid

However, the MACT has the discretion to award higher compensation based on the facts and circumstances of each case.

Filing a Cl​aim Under Section 166 of the Motor Vehicles Act

To file a claim under Section 166, the claimant must follow these steps:

1. Gather evidence: Take photographs or videos of the accident scene, collect eyewitness accounts, and obtain a copy of the FIR from the police.
2. Notify the insurance company: Inform the insurance company of the offending vehicle about the accident and your intention to file a claim.
3. File the application: Submit the application for compensation to the MACT along with supporting documents such as medical reports, bills, and proof of income.
4. Attend hearings: The MACT will conduct hearings where both parties can present their case. The claimant must attend these hearings and provide any additional evidence as required.
5. Receive compensation: If the MACT rules in favour of the claimant, the compensation amount will be awarded. The insurance company of the offending vehicle is liable to pay this amount.

It's crucial to have a comprehensive motor insurance policy that covers third-party liabilities and provides adequate protection. Reliance General Insurance offers car insurance plans that go beyond the basic legal requirements. With features like cashless claims, a wide network of garages, and 24x7 customer support, Reliance ensures a seamless experience for policyholders.

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Offences ​and Penalties Under Section 166 of the Motor Vehicles Act

Section 166 also lists various offences and penalties related to road safety and traffic violations. Some of these offences include:

• Driving without a valid license
• Driving under the influence of alcohol or drugs
• Over-speeding
• Not wearing a helmet or seat belt
• Allowing a minor to drive a vehicle

Penalties for these offences range from fines to imprisonment, depending on the severity and frequency of the violation.

Empower​ing Accident Victims

Section 166 of the Motor Vehicles Act serves as a beacon of hope for accident victims and their families. By providing a legal framework for seeking compensation, it ensures that innocent victims are not left to fend for themselves.

However, the process of filing a claim and navigating the legal system can be daunting for many. This is where having a reliable insurance partner like Reliance General Insurance can make a world of difference.

With a wide range of car insurance plans, Reliance General Insurance offers comprehensive coverage that goes beyond just third-party liability. From cashless claims to a network of over 8,000+ garages across India, Reliance ensures that policyholders have access to the best service and support when they need it the most.

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So, while Section 166 of the Motor Vehicles Act empowers accident victims to seek compensation, having a robust insurance policy from a trusted provider like Reliance can provide the added peace of mind and financial security that every car owner deserves.

FAQs

1. Who can file a claim under Section 166 of the Motor Vehicles Act?

   A claim under Section 166 can be filed by the injured person, the owner of the damaged property, or the legal representatives of the deceased victim.

2. Is there a time limit for filing a claim under Section 166?

   While there is no specific time limit prescribed under the Act, it is advisable to file the claim as soon as possible to avoid any doubts or suspicion during the tribunal proceedings.

3. What compensation can be claimed under Section 166?

   Compensation can be claimed for bodily injuries, permanent disability, death, and property damage caused by the accident. The minimum compensation amounts are specified under Section 163A of the Act.

4. How can I ensure a smooth claim process under Section 166?

   To ensure a smooth claim process, gather all necessary evidence, notify the insurance company promptly, and attend the MACT hearings as required. Having a comprehensive motor insurance policy from a reliable provider like Reliance General Insurance can also help streamline the process.

5. What is the role of insurance companies in claims under Section 166?

   The insurance company of the offending vehicle is liable to pay the compensation amount awarded by the MACT. Having a third-party liability cover is mandatory under the Motor Vehicles Act, and comprehensive policies provide additional protection for the policyholder's own vehicle and personal accident cover.