Claims Tribunal and its Awards |Aforum called the Claims Tribunal or the Motor Accidents Claims Tribunal was set up in order to enable speedy and cost-effective remedies tothe victims of accidents arising cut of a motor vehicle Before the establishment of such a tribunal, a suit for action had tobe filed before the vil court with 2d valorem court fees. Post the establishment ofthe claim tribunals, no such fees had tobe pal In the caseof Oriental Fre and General Insurance Ca. v Kamal Kamini Das the purpose ofthese provisions were explained. It was brought about in order to facilitate cheap and efficient made of enforcing labilty due to the accidents arising out ofthe use of motor vehicles. cations of ‘The triaunzl, depending on whether it has got mare than two members, would have one of them as the chalrman. And further qu being’s member ofthe tribunal were laid dawn in Section 16513). Section 165(4) determined that the ares ofurisdiction for such tribunals were to be decided by the State Government. They encourage ‘matters relating to compensation regarding death or bodly injury o for damages to third party or for both. ‘Thedefnitionof Motor Vehicle" or Vehicle” as given in Section 2(26) vrs aso interpreted toby the tribunal tobenefit the victims of the accident. twas te include all mechanically propelled vehicles and chassis and trailers in addition. the jurisdiction of the tribunal extends to entertaining an application for clalm of compensation. They can enforce't against the owner, driver or the Incurer but thay are not allowed to agsinst any other person or authority.twas a must that the determination ofthe quantum of compensation was tobe fair,just and reasonable, With the amendment of 1994, It was decided there would be na limitation In illng claims bafore the tribunal in case any accident was toarisa. It was alco provided that such an anplication was tobe made before 12 months from the date of accurrance of the accidant. This was due to the intervention of Section 29(2) of the Linttatlons Act thet applied here. The Tribunal was provided with no authority to entertain the delay beyond a period of 12 months and hence the jurisdiction had acapin thet respect. Every legal representativeof the person suffered death or any other disablement had the right toclalm the compensation and this was based nthe principle of every right having a remedy. And for this, the definition of “legal representatives" under the Civil Procedure Cade was taken Into consideration. widow who remarried was not entitled to compensation for the death of her late husband, “This was because she was considered to be no longer dependent on the deceased. For the same reason, 2 married daughter could also not claim compensation on thellate Father. Only the widow of the deceased who has not remarried was considered to be entitled to the compensation, Inthe case where a person hada clalmunder both the MVA, 1988, and the Workmen's Compensation Act, 1923, itwas sald that they were entitled to make a claim under elther one of these acts and not under both. The option had to be chosen and the award was to be passed before It could become final and binding,Motor Vehicles (Amendment) Act, 2019 The Motor Vehicles (Amendment) Act, 2019, came into effect on 1st September 2019 and made rules more stringent for offenders, therefore creating a more rigorous punishment for them. This amendment has made it difficult for those in the habit of breaking traffic rules. Some examples of the change that have been brought about are- imprisonment of up to month for driving errors and a provision for imprisonment of up to 6 months for accidents caused by rash drivers etc.Salient Feature Of The Amendment The important features of the Motor Vehicles (Amendment) Act, 2019 are as under- Road And Environment Health bs ipo J ae i In case the vehicles are not fit to be used on roads as they Cause environmental damage and hence harm the health of others, they have to be returnéd to the manufacturers of the respective wes Ye manufacturers through this amendment are directed to take back these vehicles and“have the choice to either reimburse reece the defective vehicle with one of similar make. D5 Road Safety This Amendment vehemently propagates the increase in the penalty for traffic rule offenders. This is done in the hope that this increased fine would force the drivers to be more alert and careful on the roads. This amendment provides more stringent rules for offences like juvenile driving, drunken driving, over speeding, overloading and driving without a license. Stricter punishment for those driving without helmets is also made in this Amendment.Fitness Of Vehicle C= ‘Amendment tes-provisions mandating the automated testing of vehicles for doing @ his would help improve road safety by removing from the traffic unfit, vehicles. This Amendment makes specific provision for those who deliberately violate environment and safety regulations. This Amendment promoted certification of automobiles after they were successfully tested, ‘The regulation of this process of certification was also proposed via this Act. In addition to this, Amendment of 2019 aims at setting testing standards and bringing the agencies Issuing automotive approvals under the Motor Vehicles Act, National Road Safety Board Another major feature of this Act Is the provision for setting up of a Netional Road Safety Board under the central government. This board Is supposed to advise governments of all the states in addition to the central government on matters of traffic management and road safety, a Compensation For Victims Of Road Accidents Provisions have been made for cashless treatment of victims of road accidents, during the golden hour. Golden hour is the time period up to one hour from the time of the accident. This is the time pertad in which the chances of survival if proper treatment is given, areProtection Of Good Samaritan This Act defines a Samaritan as a person who stands up for helping out a road accident victim immediately after such mishappening takes place. It is often seen thet these generous people are the ones who end up being the victim of harassment for their acts of kindness. This Amendment provides for these people too. It ensures that they are not harmed in any manner whatsoever. It also protects them from any kind of civil or criminal proceedings, even in cases where they negligently cause the death of the victim. Compulsory Insurance This Act instructs the union government to establish a Motor Vehicles Accident Fund providing compulsory insurance to all drivers of India Taxi Aggregators These are defined by the Bill as the intermediaries using a digital platform for connecting r@QRSTREBERUEIEED ese according to these new provisions, are to be provided with licenses from the governments of the respective states. Also, they are instructed to follow the rules and regulations of the Information And Technology Act, 2000.National Transportation Policy This Act promotes the idea of the formation of a National Transportation Policy. This is to be made by the Central government in collaboration with the governments of all the states. This policy would structure a framevork for road transport. In addition to this, priorities for the transport system would be specified. raining of drivers This Amendment strengthens the process of driving training. This would lead to a faster ISBuance of licenses. This Amendment comes in the wake of a shortage of commercial drivers in the country. Jf propagates the opening up of more river training institutes for ensuring the productioh of better congmercial drivers in India. National Register for Driving licence and Vehicle Registration ‘This Amencment puts forth harmonisation and integration of issuance of driving licence with vehicle registration. This would be done by the creation of a National Register for oD 2 and National Regi: inline portals of *Sarathi’ and ‘Vahan’. This process would ensure the creation of a uniform System of licences and vehicle — registration throughout the country.Benefits The main benefits of the amendment Acts are as follows- Gcovemance is the major highlight of this amendment. With this, it is no longer necessary to have certain specified educational qualifications for acquiring transport licenses. This provides online learning for licences and increases the driving licence's validity period 2(me biggest benefit of this amendment for the ordinary man is the increase in mpensation to victims and their families and better and quicker insurance facilities. ) 3. Provisions have been made to improve the registration process of vehicles by making this process more convenient with the use of ‘Sarathi’ and 'Vahan' platforms. Provisions have been made to enable registration of vehicles at the end of the dealer. Also, ced registrations have been discouraged ith stricter rules on the fitness of vehicles, the air pollution level in cities is expected to -—— significantly drop. (With digitalizatior’ and e-governance, the system is expected to be more efficient in its undertaking, minimizing risks.Online Driving Licences This Act makes a provision for online issuance of leamer's license, mandating an online identity verification. This would improve efficiency and limit to a large extent issuance of fake licenses. In addition to increasing transparency, this Act also provides commercial licenses to be valid up to a period of five years instead of three years. There would now be Griver training schools for the production of better drivers on roads. Motor Vehicles Accident Fund A Motor Vehicles Fund would be constituted to provide compulsory insurance to all drivers ‘on-road by the central government, Xhis fund would be set up to compensate victims of (“* accidents and their legal héirs in case of their death. ee Better Insurance Faci s This Act states that there exists no cap on liability for insurers. In fact, drivers attendants are now to be included in third party insurance. There would now be up to ten times increase in compensation by insurance companies. Provisions have been made to ensure that if the victim's family agrees to compensation of five lakhs, the family gets it within a month. The process of Gaiming compensation has also b2en simplified. The minimum compensation for hit and run cases and cases where the grievous injury is caused has also been increased.