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With the continuous growth in the sale of motor vehicles, the number of road deaths and injuries are increasing rapidly. In order to control the menace of traffic violations resulting in accidents, provide solace and monetary compensation to the victims of motor vehicle accidents, the Motor Vehicle Act came into existence. The Act provides for the establishment of motor accident claim tribunals which aims at providing monetary compensation to the victim. Although no amount of money can bring a person back, the compensation so awarded acts provide a sense of justice to the victim.
The firm’s dealing with its client is extremely confidential and the confidentiality remains even after the matter is disposed off. Our team does not believe in giving false assurances to the clients in order to just procure the work. We believe in giving honest and truthful advice and we do not promote frivolous litigation just to get sadistic pleasure. While dealing with MACT matters, our team of diligent advocates properly understand the factual matrix of a case, scrutinise the documents and accordingly fight the case. B&B caters to a large number of hopeless litigants every month and with right advice, proper assistance, and effective legal resources our Advocates are known for striving their best to restore the trust and faith of litigants in the law and the legal system.
The Motor Vehicle Act provides for a limitation period of 6 months to file a claim petition from the date of accident, accordingly it is always advisable to seek the assistance of our team as quickly as possible so that the clients can take care of the loved ones involved in an accident and leave the worry about the litigation on our team. It is always advisable to approach our office much prior to the deadline of limitation.
Step- 1 Prior appointment
For consultation regarding MACT matters, prior appointment is required by filing the above consultation form. if time is of the essence in your matter, you can directly approach us on +917710777770.
Step- 2 Consultation
To enable us to serve our clients in an efficient manner, Clients are expected to arrive 15 minutes prior to the given time along with:
Step 3 – Preparation
Preparation of a claim petition consists of many stages:
Stage three is concluded with the drafting of the matter.
Step 4 – Pleading
Pleadings are led depending upon the nature of the claim petition. Pleadings may include
Step – 5
Step – 6
**We deject un-ethical and immoral practices, and reserve our rights of extending legal services only to a select clientele which exhibits civility, faith in law, sound moral footing, and good conscience. Our legal counsels defend the ones who have falsely been implicated, and prosecute for those who have actually been victimized – in either case, our counsels reserve their right of exercising discretion in accepting or rejecting a brief/ lawsuit
Public Dealing and Work Timings
Mon – Fri: 10:00am to 6:00pm
Saturday & Sunday: on prior and special request, depending on availability.
#101, Tower 12, Supreme Court Bar Association Residency, Sector 99, Noida.
A victim or the legal heirs of people who have died in an accident can approach the Tribunal for seeking compensation. For getting a compensation order, a victim can either file a claim petition under section 163A of the Motor Vehicle Act or under section 166. Under section 163A of the Act, the claimant only needs to prove that an act has been committed by the driver of the offending vehicle, irrespective of the fact that the act committed was committed in a rash and negligent manner or not. The victim also need not prove his earning capacity as the compensation is computed according to the second schedule of Act. On the other hand, under the petition filed under section 166 of the Act, the victim has to prove the negligence as well as the loss of earning capacity, however, the hands of the tribunal in granting compensation are not tied to the computation table as prescribed in the second schedule.
With the recent amendment in the Motor Vehicle Act in the year 2019, the limitation period to file a claim petition has been set at six months from the date of occurrence of an accident, however, the claim petitions can be filed even after the expiry of six months along with an application for seeking condonation of delay.
At times, there are false compensation claims made against innocent people in order to take advantage of insurance companies. In such situations, one requires the assistance of a seasoned lawyer for motor accident law in Noida, who can provide legal defense in MACT cases and discourage misuse of legal provisions.
Yes, our Senior MACT Lawyers in Noida represent clients in person. Further, they themselves strategize, prepare & finalize case drafts, and lead cogent arguments before the Court.
No. At B&B, time is valued and the firm rather innovate, adopt and evolve with measures that ensure the systematized progression of a case. The firm currently deploys an automated and fail-proof scheduling system for priority and task management. Our systems not only ensure counsel’s attendance on every single date, but also preparedness and timely progress.
A predetermined legal procedure applies to claim petitions as per the provisions of the Motor Vehicle Act. While matters may appear complicated to the layman, as an eminent law firm, B&B Associates LLP prefers a client-centric approach and helps litigants to understand the procedural nuances thoroughly. The following are common stages.
Filing of the petition
The institution of the claim application starts by filling a petition in Motor Accident Claims Tribunal. The plaint shall contain a factual summary of the case which is filed by the claimant. The cause of action and the jurisdiction of the competent court shall be established. The petition needs to have a specific spirit that leads to a certain and specific allegation on the respondent which can be corroborated by evidence. A petition should not be vague or based merely on hearsay and the claimant should have a valid cause of action and bonafide interest in pursuing litigation.
As a principal of natural justice, an opportunity is given to the respondent(s) to defend the allegations leveled against him by giving him an opportunity to file a written statement. A written statement is an expression of rejection or acceptance of the averments made by the claimant in his petition. A written statement needs to be carefully drafted with a para-wise reply, wherein, specific denial and acceptance is required. Also, it shall be ensured, that a mere denial of averments is not enough and facts which contradict/ rebut the averments shall be truthfully pleaded. Evidence regarding the same shall also be led.
Objection/ concerns against the written statement are to be timely presented by the claimant by way of filing the rejoinder.
The evidence is led by both sides under the spirit of the Indian Evidence Act, though not applicable to the claim proceedings. The most ticklish yet the most important part of a claim petition, evidence indeed requires a knowledgeable and expert MACT lawyer to tactfully and wisely handle this stage of proceedings. The fate of a case entirely depends upon the evidence and how it is led by the parties. It is important to challenge the validity of the opposition’s evidence and statements and bring out any contradictions to the front.
A good advocate ensures that each piece of opposition’s evidence goes through certain tests of validity in law before it is accepted by the court as a valid evidence. This is the stage where efficient advocates sometimes have to guide the courts in the interest of justice to not accept as evidence something which stands invalid as per the laws of India and provisions of the Indian Evidence Act.
The stage of Arguments is when the matter is argued before the court by both the parties while emphasizing on the merit of their side and case. This is exactly where an extraordinary advocate with great oratory skills and courtroom tactics is valued. It takes nothing short of genius to bring out the best in a case and put it simply. As courts have limited time, it is important that the advocate delivers important points in a cordial manner and with absolute conviction. Our leading MACT advocates in Noida have their arguments prepared, tried, and strategized beforehand to ensure that the client is strongly represented.
Judgment and Decree
The final stage is reached where judgment and decree are passed by the Tribunal. Based on the Statements, Evidence led and the arguments furnished by the learned counsels. Then the court weighs all factors in a case and reaches a point of decision which the tribunal deems fit, proper and just.
Finally, the execution is filed to implement the order of the tribunal.
One might think at this stage that the process is over, however, this is where it has just begun. After the Tribunal, an appeal can be preferred before the Hon’ble High Court. And then, a special leave petition can be filed before the Hon’ble Supreme Court of India. The limitation for filing a suit should always be kept in mind.
B&B Associates LLP does provide Free Legal Aid in Noida to:
In such cases, no fee is charged by the law firm or its counsels.
To ensure that Legal Aid services are not misused, prospective beneficiaries are required to produce evidence to point merit, along with a BPL Certificate.
B&B represents without cost NGO’s and other welfare organizations for matters and causes of General Public Interest.
B&B Associates LLP reserves its rights of exercising discretion in accepting any suit under pro-bono/ legal aid criteria and shall evaluate in detain the merit, firm’s work priority, and litigant’s credentials before proceeding.
While all above named counsels are well-versed in civil law and procedure, the above names are arranged in seniority of their position in the firm.
The New India Assurance Co. Ld. vs Mrs. Sushama Mahendra Sonawane
Bombay High Court Year : 2019
Ankur Kapoor Thr. Gpa vs Oriental Insurance Company Ltd.
Supreme Court of India Year : 2017
Sandeep Khanuja vs. Atul Dande & Anr.
Supreme Court of India Year :
R.D. Hattangadi vs. Pest Control (India) Ltd
Supreme Court of India Year : 1995
Raj Kumar vs. Ajay Kumar & Anr.
Supreme Court of India Year : 2010
Sarla Verma & Ors. Vs. Delhi Transport Corp.& Anr.
Supreme Court of India Year : 2009
Supreme Court of India Year : 2017
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