An application for compensation arising out of an accident U/S 166 of Motor Vehicles Act, 1988 may be made:-
- By the person who has sustained the injury, or
- By the owner of the property, or
- Where the death has resulted from the accident, by the legal representative/s of the deceased, or
- By any agent duly authorized by the person injured.
Where the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased, and the legal representatives who have not so joined, shall be impleaded as respondents to the application.
Every application for compensation arising out of an accident involving death or bodily injury shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the claims tribunal within the local limits of whose jurisdiction the defendant resides sand shall be, in such form and contain such particulars as may be prescribed.
The application for compensation must be made within six months of the occurrence of the accident. The claims Tribunal may however, entertain the application after the expiry of the said period of six months, but not late than twelve months, if it is satisfied that the application was prevented by sufficient cause from making the application in time.
Sec. 158 (6) introduced by the Act states that as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report is completed by a police officer, the officer in charge of the police station shall forward a copy of the same within thirty days from the date of recording of information or as the case may be, on completion of such report the Claims Tribunal having jurisdiction and can provide copy thereof to the concerned insurer.
Where a copy is made available to the owner, the owner shall also within thirty days of receipt of such report, forward the same to the claims Tribunal and his insurer.
Extracts from “Guide for Motor Insurance (IC-72)” by Dr. Rakesh Agarwal. Copyright of Sashi Publications, kolkata www.sashipublications.com and www.bimabazaar.com
