When to approach our office?

The Motor Vehicle Act provides for a limitation period of 6 months to file a claim petition from the date of accident, accordingly it is always advisable to seek the assistance of our team as quickly as possible so that the clients can take care of the loved ones involved in an accident and leave the worry about the litigation on our team. It is always advisable to approach our office much prior to the deadline of limitation.

Who can file a claim petition?

A victim or the legal heirs of people who have died in an accident can approach the Tribunal for seeking compensation. For getting a compensation order, a victim can either file a claim petition under section 163A of the Motor Vehicle Act or under section 166. Under section 163A of the Act, the claimant only needs to prove that an act has been committed by the driver of the offending vehicle, irrespective of the fact that the act committed was committed in a rash and negligent manner or not. The victim also need not prove his earning capacity as the compensation is computed according to the second schedule of Act. On the other hand, under the petition filed under section 166 of the Act, the victim has to prove the negligence as well as the loss of earning capacity, however, the hands of the tribunal in granting compensation are not tied to the computation table as prescribed in the second schedule.

What is the limitation to file a claim petition?

With the recent amendment in the Motor Vehicle Act in the year 2019, the limitation period to file a claim petition has been set at six months from the date of occurrence of an accident, however, the claim petitions can be filed even after the expiry of six months along with an application for seeking condonation of delay.

How to defend a claim petition?

At times, there are false compensation claims made against innocent people in order to take advantage of insurance companies. In such situations, one requires the assistance of a seasoned lawyer for motor accident law in Noida, who can provide legal defense in MACT cases and discourage misuse of legal provisions.

Does Senior Advocates for civil matters in Noida represent clients in person?

Yes, our Senior MACT Lawyers in Noida represent clients in person. Further, they themselves strategize, prepare & finalize case drafts, and lead cogent arguments before the Court.

Does the common practice of volitionally delaying a MACT case also extend to AKTiwari Chambers?

No. At AK Tiwari & Associates, time is valued and the firm rather innovate, adopt and evolve with measures that ensure the systematized progression of a case. The firm currently deploys an automated and fail-proof scheduling system for priority and task management. Our systems not only ensure counsel’s attendance on every single date, but also preparedness and timely progress.

What procedure applies to claim petitions and what are its stages?

A predetermined legal procedure applies to claim petitions as per the provisions of the Motor Vehicle Act. While matters may appear complicated to the layman, as an eminent law firm, AK Tiwari & Associates prefers a client-centric approach and helps litigants to understand the procedural nuances thoroughly. The following are common stages.

Filing of the petition

The institution of the claim application starts by filling a petition in Motor Accident Claims Tribunal. The plaint shall contain a factual summary of the case which is filed by the claimant. The cause of action and the jurisdiction of the competent court shall be established. The petition needs to have a specific spirit that leads to a certain and specific allegation on the respondent which can be corroborated by evidence. A petition should not be vague or based merely on hearsay and the claimant should have a valid cause of action and bonafide interest in pursuing litigation.

Written Statement

As a principal of natural justice, an opportunity is given to the respondent(s) to defend the allegations leveled against him by giving him an opportunity to file a written statement. A written statement is an expression of rejection or acceptance of the averments made by the claimant in his petition. A written statement needs to be carefully drafted with a para-wise reply, wherein, specific denial and acceptance is required. Also, it shall be ensured, that a mere denial of averments is not enough and facts which contradict/ rebut the averments shall be truthfully pleaded. Evidence regarding the same shall also be led.

Rejoinder

Objection/ concerns against the written statement are to be timely presented by the claimant by way of filing the rejoinder.

Evidence

The evidence is led by both sides under the spirit of the Indian Evidence Act, though not applicable to the claim proceedings. The most ticklish yet the most important part of a claim petition, evidence indeed requires a knowledgeable and expert MACT lawyer to tactfully and wisely handle this stage of proceedings. The fate of a case entirely depends upon the evidence and how it is led by the parties. It is important to challenge the validity of the opposition’s evidence and statements and bring out any contradictions to the front.

A good advocate ensures that each piece of opposition’s evidence goes through certain tests of validity in law before it is accepted by the court as a valid evidence. This is the stage where efficient advocates sometimes have to guide the courts in the interest of justice to not accept as evidence something which stands invalid as per the laws of India and provisions of the Indian Evidence Act.

Arguments

The stage of Arguments is when the matter is argued before the court by both the parties while emphasizing on the merit of their side and case. This is exactly where an extraordinary advocate with great oratory skills and courtroom tactics is valued. It takes nothing short of genius to bring out the best in a case and put it simply. As courts have limited time, it is important that the advocate delivers important points in a cordial manner and with absolute conviction. Our leading MACT advocates in Noida have their arguments prepared, tried, and strategized beforehand to ensure that the client is strongly represented.

Judgment and Decree

The final stage is reached where judgment and decree are passed by the Tribunal. Based on the Statements, Evidence led and the arguments furnished by the learned counsels. Then the court weighs all factors in a case and reaches a point of decision which the tribunal deems fit, proper and just.

Execution

Finally, the execution is filed to implement the order of the tribunal.

Appeal

One might think at this stage that the process is over, however, this is where it has just begun. After the Tribunal, an appeal can be preferred before the Hon’ble High Court. And then, a special leave petition can be filed before the Hon’ble Supreme Court of India. The limitation for filing a suit should always be kept in mind.