The deceased, XYZ was pursuing B.Tech. 3rd year from an Engineering Institute. XYZ had lost his life in a motor vehicle accident which occurred on 19th June, 2011 at 10.40 A.M. near Haridwar. The Motor Accident Claims Tr

Generally in motor accident compensation cases, especially the third party liability compensation amounts, the award is pronounced by the Motor Accident Claims Tribunal (MACT). After payment of the claim to the injured party or his legal heirs etc. The insurer can initiate action against the erring party i.e. the owner of the insured vehicle. Modes of Recovery include: Excess/deductible - That portion of the claim which is to be borne by the insured is called an excess or deductible. Subrogation - Rights and remedies preferred against the third party. Contribution - This occurs when the insured property is insured by more than 1 insurer- in such cases recovery would be made by the lead insurer from the co insurer. Reinsurance - Reinsurance is the most common method of risk transfer - where the risk is re insured with reinsurers and after the claim the same is recovered from them after payment to insured. Motor Accidents Claims Tribunal (MACT) deals with matters related to compensation of motor accidents victims or their next of kin. The tribunal deals with claims relating to loss of life/property and injury cases resulting from Motor Accidents. MACT Courts are presided over by Judicial Officers from the State Higher Judicial Service. Now these courts are under direct supervision of the Hon'ble High Court of the respective state. The Victim himself or through an advocate, in case of personal injury, can approach the MACT. The application for claim can be made either by the victim, or the Legal heirs of the victim, or an advocate in the case of death. A minor applicant below the age of 18 years should make an application through an advocate. The claim can be made by the owner of the vehicle in case of property damage. Claim arise when The insured's vehicle is damaged or any loss incurred. Any legal liability is incurred for death of or bodily injury Or damage to the third party's property. The claim settlement in India is done by opting for any of the following by the insurance company (a) Replacement or reinstatement of vehicle (b) Payment of repair charges In case, the motor vehicle is damaged due to accident it can be repaired and brought back to working condition. If the motor vehicle cannot be repaired, then the insured can claim for total loss or for a new vehicle. It is based on the market value of the vehicle at the time of loss. Motor insurance claims are settled in three stages. In the first stage the insured will inform the insurer about loss. The loss is registered in claim register. In the second stage, the automobile surveyor will assess the causes of loss and extent of loss. He will submit the claim report showing the cost of repairs and replacement charges etc. In the third stage, the claim is examined based on the report submitted by the surveyor and his recommendations. The insurance company may then authorize the repairs. After the vehicle is repaired, insurance company pays the charges directly to the repairer or to the insured if he had paid the repair charges. Section 110 of Motor Vehicle Act, 1939 empowers the State Government in establishing motor claim tribunals. These tribunals will help in settling the third party claims for the minimum amount.