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With the evolution of civilization of men, the actions of negligence became an actionable error. In English law, a person or legal associate of the deceased who has died due to the negligent action of others may recoup damages under tortious law in addition to initiating criminal proceedings. Consequently, the carrying on of negligence by losses to the opposite individuals paving the way for institution of action. Motor Accidents Claims Tribunal have been set up by the Motor Vehicles Act, 1988. it’s been constituted to produce speedier remedy to the victims of accident by automobiles. The jurisdiction of Civil Courts is taken away by the Tribunals within the matters which concerns the Motor Accidents Claims Tribunal. Appeals from Claims Tribunal lies with High Courts. The appeal is limited by time of 90 days and must be filed in the high court within the said period of 90 days from the date of award of Claims Tribunal.
The Motor Vehicles Act,1988 is a comprehensive legislation with the aim of enhancing road safety. It also serves the aim of welfare legislation by providing for compensation in case of loss of life or limb due to accidents by automobiles. Section-2(30) of the Act defines who is the ‘owner’. “Owner” is the individual in whose name a motor vehicle stands registered, and where such person may be a minor, the guardian of such minor, and in reference to a motor vehicle which is the subject of a hire-purchase agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that particular agreement. Motor Accident Claims Tribunals [MACT Courts] affect claims concerning loss of life/property and injury cases resulting from Motor Accidents. The Claims are to be directly filed in the concerned Motor Accident Claim Tribunal. The Judicial Officers from Delhi Higher Judicial Service preside over the MACT Courts.