Motor Accident Claims Tribunal (Mact) | Law of Torts - CLAT PG PDF Download

Introduction

• The Motor Vehicles Act, 1988 established the Motor Accidents Claims Tribunal (MACT) to provide a faster and more cost-effective way for victims of motor vehicle accidents to seek compensation.
• Before this Act, victims had to file suits for damages in civil courts, which involved paying a court fee based on the claim amount. However, under the Act, claims can be made to the Tribunal without such fees.
• The new provisions do not create any new liabilities; they are based on existing laws like the Law of Torts and the Fatal Accidents Act.
• The case of Oriental Fire & General Insurance Co. vs. Kamal Kamini explains that the sections of the Act aim to provide a quick and inexpensive way to enforce liabilities for compensation claims related to accidents involving death, bodily injury, or property damage due to motor vehicles.
• Chapter XII of the Motor Vehicles Act, 1988 outlines the setup of the Claims Tribunal, the application process for claims, and how compensation is awarded.

Power of State Government to Constitute Claims Tribunal

• The Supreme Court of India ruled that it is optional for a State Government to establish a Claims Tribunal. There may be situations where the State Government decides not to set up a Claims Tribunal for specific areas.
• According to Section 175 of the Motor Vehicles Act, when a Motor Accidents Claims Tribunal (MACT) is formed for a particular area, civil courts do not have the authority to handle any claims for compensation that fall under the Tribunal's jurisdiction. However, if no MACT is established for a certain area, civil courts are granted the jurisdiction to address such claims.

Establishment of MACT

• Section 165 of the Motor Vehicles Act, 1988 gives State Governments the authority to set up Claims Tribunals to handle compensation claims arising from motor vehicle accidents. These accidents may involve death, bodily injury to individuals, or damage to third-party property.
• A State Government can, through a notification in the Official Gazette, establish one or more Motor Accidents Claims Tribunals for specified areas.

Sushma Mehta vs. Central Provinces Transport Services Ltd.

The court ruled that the establishment of a tribunal is contingent upon two key factors:

1. Notification: A notification must be issued by the State Government.
2. Publication: The notification should be published in the official gazette of the state.

Constitution of MACT

A Claims Tribunal may include any number of members as decided by the State Government. If the Tribunal has multiple members, one will be designated as the Chairman.

A person is not eligible for appointment as a member of a Claims Tribunal unless they meet one of the following criteria:

• They are or have been a Judge of a High Court.
• They are or have been a District Judge.
• They are qualified for appointment as a Judge of a High Court or a District Judge.

It is not necessary to appoint a tribunal member by name; referring to the office is sufficient. Typically, the District Judge or Additional District Judge is designated as the claims tribunal.

Distribution of Business Among Claims Tribunals

When two or more Claims Tribunals are established in a particular area, the State Government has the authority to regulate the distribution of business among them. This regulation can be done through a general or special order.

Powers of MACT

The Claims Tribunal, set up under the Motor Vehicles Act, is considered a civil court and has similar powers as a civil court under the Code of Civil Procedure, 1908. The Tribunal's powers include:

• Summoning and examining witnesses under oath.
• Discovering and producing documents.
• Receiving evidence on affidavits.
• Requisitioning public records or documents from courts or offices.
• Other matters as prescribed.

Offences and Penalties

The Motor Vehicles (Amendment) Act, 2019 made significant changes to the offences and penalties in the Motor Vehicles Act, 1988, due to the increase in accidents caused by traffic violations. The amendments introduced new offences and increased penalties for existing ones.

One of the major offences is:

• Travelling Without Ticket or Pass (Sec. 178): Travelling in a stage carriage without a proper pass or ticket, or failing to present a ticket for examination, can result in a fine of up to Rs. 500.

Allowing Unauthorised Persons to Drive Vehicles (Sec. 180)

• If the owner of a vehicle or a person in charge of a motor vehicle allows someone who does not have a license or is under 18 years old to drive the vehicle, they can face punishment.
• Penalties include imprisonment for up to 3 months, a fine of up to Rs. 5,000, or both.

Driving Without Licence (Sec. 181)

• Driving a motor vehicle without a valid license or by a person under 18 years of age is punishable by law.
• Penalties include imprisonment for up to 3 months, a fine of up to Rs. 5,000, or both.

Driving Without Valid Licence (Sec. 182)

• If a person disqualified under the Motor Vehicles Act drives a motor vehicle or applies for a driving licence without disclosing previous endorsements, they can face severe penalties.
• Penalties include imprisonment for up to 3 months, a fine of up to Rs. 10,000, or both. Any driving licence obtained under these circumstances will be considered invalid.
• Similarly, if a disqualified person acts as a conductor of a stage carriage or applies for a conductor's licence without disclosing endorsements, they can face imprisonment for up to 1 month, a fine of up to Rs. 10,000, or both. Any conductor's licence obtained in such a manner will also be invalid.

Driving at Excessive Speed (Sec. 183)

• Driving a motor vehicle over the prescribed speed limits is punishable with fines ranging from Rs. 1,000 to Rs. 2,000 for Light Motor Vehicles (LMVs) and from Rs. 2,000 to Rs. 4,000 for other vehicles.
• If a person is convicted of this offence repeatedly, their driving licence may be impounded.

Driving Dangerously (Sec. 184)

• Driving a motor vehicle at a speed or in a manner that is dangerous to the public or causes alarm or distress to occupants, other road users, or nearby persons is punishable.
• For the first offence:
  • Imprisonment: 6 months to 1 year
  • Fine: Rs. 1,000 to Rs. 5,000
  • Both: Imprisonment and fine
• For second or subsequent offences within three years:
  • Imprisonment: Up to 2 years
  • Fine: Up to Rs. 10,000
  • Both: Imprisonment and fine
• When determining dangerous driving, consider factors such as the nature, condition, and use of the place where the vehicle is driven and the amount of traffic present or expected.
• Examples of dangerous driving include:
  • Jumping a red light
  • Violating a stop sign
  • Using handheld devices while driving
  • Improperly passing or overtaking
  • Driving against authorized traffic flow
  • Driving in a manner far below the standard of a competent and careful driver

Driving by a Drunken Person or by a Person Under the Influence of Drugs (Sec. 185)

• Whoever, while driving, or attempting to drive, a motor vehicle,
  • has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser or any other test including laboratory test, or
  • is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for first offence with imprisonment for a term which may extend to 6 months, or with fine which may extend to Rs.10,000, or with both, and for second or subsequent offence, with imprisonment for term which may extend to 2 years, or with fine which may extend to Rs. 15,000, or with both.

Driving Under the Influence of Intoxicants (Section 185)

Driving a motor vehicle under the influence of an intoxicant, whether natural or synthetic, or any drug as defined in the Narcotic Drugs and Psychotropic Substances Act, 1985, is punishable under this section.

Breath Test (Section 203)

• A police officer in uniform or an authorized officer of the Motor Vehicle Department can require a person driving or attempting to drive a motor vehicle in a public place to provide breath specimens for a breath test if there is reasonable suspicion of an offense.
• If a person refuses to provide breath specimens when requested by a police officer, they may be arrested without a warrant. However, if the person is an indoor patient at a hospital, they cannot be arrested.
• An arrested person at a police station is given the opportunity to provide a breath specimen for testing.

Laboratory Test (Section 204)

• A person arrested under Section 203 may be required to provide a blood specimen for a laboratory test by a registered medical practitioner at a police station.
• If the arrested person is female and the medical practitioner is male, the blood specimen can only be taken in the presence of a female.
• This provision applies if:
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  • The breath test indicates the presence of alcohol in the blood.
  • The person refuses, omits, or fails to submit to a breath test.

Driving When Mentally or Physically Unfit to Drive (Section 186)

• Driving a motor vehicle in a public place when the driver is aware of a disease or disability that makes driving unsafe is punishable under this section.
• For the first offense, the punishment may include imprisonment for up to 6 months, a fine of up to Rs. 10,000, or both.
• For second or subsequent offenses, the punishment may include imprisonment for up to 2 years, a fine of up to Rs. 15,000, or both.

Racing and Trials of Speed (Sec. 189)

• Participating in or allowing a race or trial of speed between motor vehicles in a public place without the written consent of the State Government is punishable under this section.
• First Offense: Imprisonment for up to 3 months, a fine of up to Rs. 5,000, or both.
• Second or Subsequent Offense: Imprisonment for up to 1 year, a fine of up to Rs. 10,000, or both.

Using Vehicle in Unsafe Condition (Sec. 190)

• Driving or allowing a motor vehicle or trailer with defects that pose a danger to others in a public place is punishable under this section.
• First Offense: Fine of up to Rs. 1,500.
• In Case of Accident: If the defect causes an accident resulting in bodily injury or property damage, the punishment may include imprisonment for up to 3 months, a fine of up to Rs. 5,000, or both.
• Violation of Standards: Driving a vehicle that violates road safety, noise, or air pollution standards is punishable for the first offense with imprisonment for up to 3 months or a fine of Rs. 10,000, or both. For second or subsequent offenses, the punishment may extend to 6 months imprisonment and a fine of Rs. 10,000, or both.
• Carriage of Dangerous Goods: Driving a vehicle that violates provisions related to the carriage of hazardous goods is punishable for the first offense with a fine of Rs. 10,000 and license suspension for three months, or imprisonment for up to 1 year, or both. For second or subsequent offenses, the fine may extend to Rs. 20,000, or imprisonment for up to 3 years, or both.

Using Vehicles without Registration (Sec. 192)

• Driving or allowing the use of an unregistered motor vehicle can lead to penalties.
• First Offense: Fine ranging from Rs. 2,000 to Rs. 5,000.
• Second or Subsequent Offense: Imprisonment up to 1 year, fine between Rs. 5,000 and Rs. 10,000, or both.
• Exceptions:
  • Using a vehicle in emergencies (like transporting sick individuals or delivering medical supplies) is exempt, provided the user reports to the Regional Transport Authority within seven days.

Failure to Use Safety Belt (Sec. 194-B)

• Driving without a seat belt or allowing passengers without seat belts can result in a fine of Rs. 1,000.
• When carrying a child under fourteen, using a seat belt or child restraint system is mandatory. Failing to do so also incurs a fine of Rs. 1,000.

Carrying More than One Pillion Rider (Sec. 194-C)

• Carrying more than one pillion rider or a pillion rider without a secure seat can lead to a fine of Rs. 1,000 and a three-month suspension of the driving license.

Not Wearing Helmet (Sec. 194-D)

• Driving a motorcycle without a helmet is subject to a fine of Rs. 1,000 and a three-month suspension of the driving license.

Not Allowing Free Passage to Emergency Vehicles (Sec. 194-E)

• Failing to give way to emergency vehicles like ambulances or fire trucks can result in imprisonment for up to 6 months, a fine of Rs. 10,000, or both.

Driving Uninsured Vehicle (Sec. 196)

• Driving or allowing an uninsured vehicle to be driven can lead to penalties.
• First Offense: Imprisonment up to 3 months, fine up to Rs. 2,000, or both.
• Second or Subsequent Offense: Fine up to Rs. 4,000, imprisonment up to 3 months, or both.

17. Taking Vehicle Without Authority (Sec. 197)

• Definition: Taking and driving away a motor vehicle without the owner's consent.
• Punishment: Imprisonment up to 3 months, fine up to Rs. 5,000, or both.
• Defence: A person may not be convicted if they believed they had lawful authority or that the owner would have consented.
• Seizure by Force: Unlawful seizure or control of a vehicle by force or intimidation is punishable by the same penalties.
• Attempt or Abetment: Attempting or helping to commit this offence is considered the same as committing it.

18. Causing Obstruction to Free Flow of Traffic (Sec. 201)

• Definition: Keeping a vehicle in a way that blocks traffic on public roads.
• Punishment: Penalty up to Rs. 500 per hour for obstruction.
• Accident Vehicles: Vehicles involved in accidents are penalized only after inspection formalities are completed.
• Removal by Government Agency: Charges for removal of obstructing vehicles by authorized agencies are recoverable from vehicle owners or in-charge persons.

19. Offences by Juveniles (Sec. 199-A)

• If a juvenile commits an offence under this Act, the guardian or vehicle owner is deemed to have committed the offence and shall be punished accordingly.
• In addition to the punishment for the juvenile's offence, the guardian or vehicle owner may face up to 3 years imprisonment and a fine of Rs. 25,000.
• If the guardian or vehicle owner proves they had no knowledge of the offence and took all precautions to prevent it, they will not be punished.

Residuary Clause (Sec. 177)

Whoever contravenes any provision of this Act or of any rule, regulation or notification made there under shall, if no penalty is provided for the offence is punishable for the first offence with fine which may extend to Rs. 500, and for any second or subsequent offence with fine which may extend to Rs. 1,500.

Residuary Clause (Sec. 177)

Whoever contravenes any provision of this Act or of any rule, regulation or notification made there under shall, if no penalty is provided for the offence is punishable for the first offence with fine which may extend to Rs. 500, and for any second or subsequent offence with fine which may extend to Rs. 1,500.