Motor Accident Claims Tribunal Cases Lawyer In Noida

The lifestyles of people have of late brought about a major impact on the society-specific transportation as the dimensions of the vehicles and their dimensions keep changing. The increase in accidents fully bringing to the victim’s tens of thousands of injuries and many heartbreaking deaths are bothering things to tackle. Hence, the Government introduced an Act, that is, the Motor Vehicles Act to control traffic violations and provide justice to victims in the form of monetary compensation.

The legislation instituted the Motor Accident Claims Tribunal (MACT) for the issuance of speedy and effective monetary relief to the victims of various accidents. No one can erase pain or loss with compensation, but still, it does serve justice and provide support to the victims. Agreed.

A committed panel of lawyers undertakes a detailed understanding of facts and documents related to MACT cases to build a solid case for the clients. The Chamber of Advocate Pranjal sees well above thousand clients each month. Lots of clients come to a law firm after being battered by circumstances because of the related issues they face. So, through appropriate legal advice, comprehensive support, and effective legal arguments, guesses by legal battle could be turned around and the client gains confidence in the justice system to get the justice deserved.

When to Consult Us

According to the guidelines of the Motor Vehicles Act, the limit for the filing of claim petitions is six months from the date of accidents. It is advisable to consult our office way in advance of this limitation period to ensure a smooth process and avoid procedural delays. This way, you may concentrate on recovery and as much care as necessary for your loved ones while we proceed with legal proceedings.

Who Can File a Claim Petition?

Road accident victims or legal heirs of deceased individuals can claim compensation by approaching the Tribunal. The claims can be made under:

1. Section 163A: This applies to cases in which the claimant needn't show negligence. The compensation payment will be calculated according to the Second Schedule of the Act and irrespective of the claimant's earning capability.
2. Section 166: The claimant needs to prove the negligent act and loss of earning capacity. But the Tribunal is otherwise not barred from the computation table of the Second Schedule.

Limitation Period for Filing

There is an amendment that was made on the Motor Vehicle Act very recently in the year 2019. Any limitation of time to file a claim petition is set at six months from the date of the accident, yet those claim petitions may be filed beyond the six months on an application for condonation of delay.

Defending a Claim Petition

Faking for Claims Filing is a common trouble with innocent or insurance companies often despite the suffering of these fraudulent claims. Our highly skilled MACT lawyers in Noida are adept in guarding a client against these fraudulent claims and also not misusing the legal process.

Senior Advocates for Representation

Senior advocates at our firm represent clients in court, prepare cases, and battle their arguments, with an eye for achieving favourable results. Time is precious in our firm. Hence, we have installed advanced scheduling systems to keenly and effectively provide case management.

Stages of a MACT Case

The Motor Vehicles Act provides for a systematic procedure for filing claims petitions. Our support-focussed clients have full clarity and assistance at every stage:

1. Filing the Petition: The process begins with submitting a claim application, establishing the cause of action, and ensuring the petition is well-drafted with factual details and evidence.

2. Written Statement: The respondent is given the opportunity to defend allegations through a written statement, drafted with care to address and rebut specific claims made by the petitioner.

3. Rejoinder: The claimant can raise any objections to the written statement by the rejoinder.

4. Evidence: Both parties to adduce evidence under the spirit of the Indian Evidence Act. Our advocates punctiliously challenge the opposition's evidence while defending our client's evidence.

5. Arguments: This is the core phase where the case merits are entailed through well-prepared arguments. Our advocates shorten, densify, and polish the arguments that would strike a note those days dead on with the Tribunal.

6. Judgment and Decree: The judgment is weighed by the tribunal considering all factors, including evidence and arguments.

7. Execution: Steps are taken to implement the decision of the Tribunal to get the compensation for the client.

8. Appeal: Necessary appeals may be filed with the High Court or the Supreme Court. Our team ensures filing all appeals timely within the set deadlines of prescribed forms to safeguard the rights of the client.