The driving force
A collection of judgements on road accidentsUpdated: Jun 10, 2013, 15:48 IST
Law relating to motor accident claims
Justice JR Midha
Universal Law Pub
Rs. 995 PP 708
India has the highest rate of road accidents and resulting deaths in the world. 4,97,686 accidents killed 1,42,485 people in 2011. That's an average of one accident every minute leading to one death every 3.7 minutes. To add to the woes of victims, insurance companies are rarely respectful and they find themselves at the mercy of the Motor Accident Claims Tribunals (MACTs) where their case could languish for years.
This volume on motor accident claims grew out High Court judge JR Midha’s concern for victims and his disapproval of delays in the settlement of claims when he heard appeals against the orders of the MACTs.
The case of a friend who met with an accident in Canada and received quick relief prompted him to think about victims in India and his directions have ensured procedures to settle claims have become less problematic. Indeed, the Supreme Court and the Delhi High Court have given valuable suggestions to the government for the amendment of the law to do with motor accidents.
This Referencer or collection of judgments and practice guidelines addresses a range of questions including the role of the police in the computation of damages, the obligations of insurance companies and the duties of MACTs. It answers questions about motor accident claims in a straightforward way and so can be used by judges, the police and victims of accidents too.