Yes, victim of road accidents can claim compensation under the motor vehicle act of 1988.
As per section 166 of the Act, a person claims compensation if :
- he has sustained an injury
- he is the owner of the property
- he is the legal representative of the person who died in the motor accident
- he is the agent authorized by the injured person, or by the legal representatives of the deceased, as the case maybe
The claimant is entitled to compensation in the following circumstances –
- When the accident involves death or bodily injury to a person
- When the accident results in the loss of any property of a third party
- When such accidents arise out of the use of motor vehicles
The compensation is to be claimed in the tribunal where the claimant resides, or the owner of the vehicle resides or where the accident took place.
There are three types of claims under which compensation can be claimed, and they are:
- No-Fault Liability –
In this case, there is no need to prove the fault on the part of the other party, and there is no joint liability. But this liability arises only when the person claiming has been permanently disabled, or if he dies. The compensation that the claimant can claim is Rs 50,000/- in case of death, and Rs 25,000/- in case of permanent disability.
Permanent disability means:
- permanent loss of power of any member or joint muscle
- permanent disfigurement of face or head
- permanent deprivation of the sight of either eye, or ear, or any member or joint
Hit and Run – In such cases, the accused hits the victim with his vehicle and instead of helping him chooses to run away. In this case the injured person is to be paid a sum of Rs 12,500/- and in case of death, his legal representatives will get Rs 25,000/