This post has been contributed by Ms.Bhavana Thakur, who is a fresher Advocate, practising in lower Courts in Solan, Himachal Pradesh.
In present times, we can notice that motor accident claims have increased. The intention of the Parliament behind enacting the MV Act is to prevent destitution and starvation of those who are victims/injured or who actually died in the accidents. In order to grant compensation to the persons who actually need to be compensated on account of injuries sustained to any person which had resulted into disablement to any extent or death of that person, the aforesaid law has been enacted.
Claim means an assertion, declaration, and statement etc. of right.
Types of claim –
- claim in case of death;
- injury sustained – in case of injury sustained which had resulted into any kind of disablement to a person.
Claims under Motor Vehicles Act means the claim of right to compensation with respect to loss caused due to act of negligence of other and by the virtue of this enactment act of negligence have become actionable wrong.
Who may claim (Claimants) –
- In case of death, the legal representative or legal heirs of the deceased,
- or in case of disablement, the injured person himself or his dependent known as the claimant.
How to prepare claim petition – Claim petition under Section 166 of MVAct shall be filed as follows :
(a) Such petition shall be drafted in such a manner so as to include each and every detail regarding the accident and also statement revealing as to what was the reason for the accident.
(b) The petition shall be made on the set format as specified under the Act and it shall be accompanied by an affidavit of one of the claimant/dependent and the same shall be duly attested by the Oath Commissioner.
2. Court fees of Rs.10 has be affixed upon the petition.
List of documents to be attached with the petition
- A power of attorney i.e.vakalatnama signed by the petitioner and accepted by their counsel with Rs.6 court fee along with an Advocate Welfare Stamp affixed on it.
- Process fee form sufficiently stamped to effect the service upon respondents.
- Copy of petition and other documents shall also be filed so that the Court can send the copy of the same to the respondents for his notice regarding the contents of the same.
All the above-stated document are to be fixed in sequence in a file and the name of the court has to be written, where it has to be instituted.
What all documents should accompany the petition
- Copy of the FIR registered regarding the said accident, if any.
- Copy of the MLC/Post Mortem Report as the case may be.
- Original bill of expenses incurred on the treatment along with the treatment record.
- Document of the educational qualification of the deceased,if any.
- The certificate regarding income of the deceased/injured.
- Document regarding the age of the deceased.
- The cover note of the insurance company ,if any.
- An affidavit detailing the relationship of the claimants with the deceased.
- Disability certificate, if already obtained in an injury case. (in case of injury)
Sometimes claim petition is filed with miscellaneous application under Section 140 of the MV Act for granting interim relief as a short term help until a decision is made.
Image from here