Civil Legal Implications of Motor Vehicle Accident in India

Abstract

With the development of civilization, act of negligence have become actionable wrong. In order to give effective rights to the person injured or expired in accident, Fatal Accident Act, 1885 was enacted in India. This Act provided on a procedure and a right of named legal heirs to claim compensation from the person committing negligence. To facilitate this, provisions have been inserted for compulsory third party insurance and provide a machinery of adjudication of claim in Motor Vehicle Act by amending Act. In the year 1982 a new concept of providing interim compensation on no-fault basis has been introduced. By the amendment, relief has also been given to those persons who expire by hit and run accidents, where the offending vehicles are no identified. In the year 1988 a new Motor Vehicle Act have been introduced and it provides interim award, insurance of motor vehicle against third party risk and constitution of claims tribunal and adjudication of claim and related matters.