Traffic Accident

Traffic accident lawyers, also known as personal injury lawyers specializing in traffic accidents, are legal professionals who assist individuals involved in accidents on the road. They provide legal representation to victims seeking compensation for injuries, property damage, or other losses resulting from a traffic accident. In India, traffic accidents fall under the purview of various laws and statutes. Here are some key sections related to traffic accidents and compensation under Indian law:

1. Motor Vehicles Act, 1988:

The Motor Vehicles Act, 1988, is a comprehensive legislation governing all aspects related to motor vehicles in India. It addresses issues such as licensing, registration, insurance, and liability in cases of accidents.

Notable Sections in the Motor Vehicles Act, 1988:

  • Section 140 – Liability to Pay Compensation in Certain Cases on the Principle of No Fault:

    • Provides for a scheme for payment of compensation in cases of hit and run motor accidents.

  • Section 161 – Owners’ liability to third party in certain cases:

    • Establishes the liability of the owner of a motor vehicle for any death or bodily injury caused to any person.

  • Section 166 – Duty to give information and render assistance:

    • Imposes a duty on drivers involved in accidents to give information or report the accident to the police.

  • Section 168 – Duty of driver to stop in certain cases:

    • Requires drivers involved in accidents to stop and remain at the scene until required to do otherwise by a police officer.

2. Motor Accidents Claims Tribunal (MACT):

The MACT is a specialized tribunal established to adjudicate claims for compensation arising out of motor accidents.

Notable Sections in the Motor Accidents Claims Tribunal Rules:

  • Section 165 – Application for compensation:

    • Provides the procedure for filing an application for compensation before the MACT.

  • Section 168 – Application for compensation:

    • Deals with the procedure to be followed by the MACT in the adjudication of claims.

3. Insurance Laws:

Various insurance laws in India, including the Insurance Act, 1938, and the Insurance Regulatory and Development Authority of India Act, 1999, regulate insurance policies related to motor vehicles.

4. Criminal Procedure Code, 1973:

The Criminal Procedure Code (CrPC) governs the procedural aspects of criminal cases in India. It includes provisions related to reporting and investigation of accidents.

Notable Sections in the Code of Criminal Procedure, 1973:

  • Section 154 – Information in Cognizable Offences:
    • Deals with the procedure for filing a First Information Report (FIR) in cases of cognizable offenses, which may include accidents.