Section 166 of the Motor Vehicles Act

The Motor Vehicles Act of 1988, also known as the MV Act 1988, is a landmark legislation in India that oversees the laws for road transport regulations, penalties, punishments, accidents, and associated remedies. However, a series of modifications to the Act included a flurry of new articles and increased punishments. The legislation is organized into two schedules, fourteen chapters, and 216 sections.

What is Motor Vehicles Act, 1988?

The Motor Vehicles Act was first introduced in 1914 to address the concerns of consumers seeking financial protection in the case of an accident. It was replaced in 1934 in order to manage road transportation. The Government of India amended the statute in 1988 to protect the rights of motor vehicle owners.

Whether you own a vehicle, whether a two-wheeler or a car, you must have motor insurance. It not only provides financial protection in the event of an accident or other harm, but it is also a legal requirement. The Motor Vehicle Act 166 includes notable provisions that protect policyholders' interests.

This Act addresses all areas of road transport on the roadways that safeguard the welfare of third parties. If you have been seriously injured or killed in an accident, you may file an appeal under this legislation.

Meaning of Section 166 of Motor Vehicle Act 1988

With an increasing number of automobiles on Indian roads, heavy traffic, poor road conditions, and instances of aggressive driving, the number of road accidents is increasing by the day. Traffic accidents can cause significant property damage, serious injuries, and even death.

The MV Act of 1988 serves as the constitutional foundation for giving redress and remedies in such cases. 

It ensures that the interests of innocent victims are protected, that the offender is punished fairly, and that proper compensation is delivered to all aggrieved parties.

Hence, this Act not only establishes criteria for safer road conditions but also includes a comprehensive redressal system in the event that an unfortunate incident occurs.

The aggrieved parties must apply to the Motor Accidents Claim Tribunal in order to get the requisite compensation under the Act. Section 166 of Motor Vehicle Act of 1988 specifies who can make a claim through MACT if they are involved in a traffic accident.

Claims Under Section 166 of Motor Vehicle Act

The claimant may make a compensation claim under Section 166 IPC with any of the Vehicle Accident Claim Tribunals listed below:

  • The claims tribunal whose jurisdiction the accident occurred.
  • The claims tribunal whose jurisdiction the victim remains under.
  • The claims tribunal whose jurisdiction the owner of the vehicle involved in the accident remains.

Who Can Claim Section 166 of Motor Vehicle Act?

An individual might be regarded as the rightful claimant and seek compensation from the Motor Accidents Claim Tribunal under Section 166 IPC (Chapter XII) of the Motor Vehicles Act 166 if:

  • These are individuals or authorized representatives of those who have been injured in a vehicle accident.
  • They are the legal proprietors of the property that was damaged in the accident.
  • They are the legal heirs/representatives of a person who died as a result of the accident.
  • They are the legitimate proprietors of any property damaged in the accident.

When to Claim Section 166 Motor Vehicle Act?

The MV Act of 1988 does not provide a time limit for requesting compensation under Section 166. Therefore, it is best to register the claim as soon as possible to avoid any concerns or questions during the tribunal process. In the following cases, the Vehicle Accident Claim Tribunal will award compensation to the parties involved:

  • The victim suffered bodily injuries as a result of the accident.
  • The victim has passed as a result of the accident.
  • The victim's property has been damaged or lost as a result of the accident.
  • The victim is permanently disabled as a result of the accident (Note: Permanent disability includes loss of sight in either/both eyes, loss of hearing in either/both ears, impairment/destruction of any part/joint of the body, disfigurement of the head, or disfigurement of the face.)

Penalties Under Section 166

  • You should not drive a vehicle unless you have a license and are a major.
  • Driving a car while suffering from any medical illness or health problem.
  • Without wearing a helmet on a motorcycle and a seat belt in a car.
  • You should not drive if you are under the influence of alcohol or drugs.
  • Overspeeding is a crime that should be avoided on the road.
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