A.
Dear Client,
In motor accident cases both the owner and driver of the vehicle are liable to face prosecution proceedings initiated before the Motor Accident Claim Tribunal(MACT) once an FIR is lodged in the police station in hit and run case and the legal heirs of the deceased victim and the injured persons apply to the Tribunal under Section 166 of the Motor Vehicle Act, 1988 within six months of the occurrence of the accident. Section 164 of the Motor Vehicles Act, 1988 (as amended in 2019) deals with the payment of compensation in case of death or grievous hurt due to any accident arising out of the use of a motor vehicle. It states that the owner of the motor vehicle or the authorized insurer shall be liable to pay compensation of five lakh rupees in case of death or two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be. The claimant is not required to prove that the death or grievous hurt was due to any wrongful act or neglect of the owner or any other person. As per the Court message, the case is now fixed for evidence of witnesses 0 15/10/2024. As per your query, it appears that the case is running with the same status for the last 4 years. Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution of India and any party to a litigation who is denied this right of speedy trial is entitled to approach the High Court under Article 226 of the Constitution of India. Accordingly, you can file a petition under Article 226 of the Constitution before the High Court praying for a direction to the trial Court wherein your case is pending for expeditious hearing of the case and disposal within a given time frame. It is advisable to engage an Advocate experienced in MACT cases to navigate the issue in the right way.
Posted On 03-Oct-2024
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