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Section 166 Motor Vehicles Act

  • Author :
  • TATA AIG Team
  • Published on :
  • 15/07/2022

The Motor Vehicles Act of 1988 is considered milestone legislation acting as a sole judicial solution for all the parties that are involved in road accidents in the country. The act governs rules related to punishments, penalties, and accidents. However, since this act was introduced, it has undergone numerous amendments, with new clauses being introduced and higher penalties being imposed on offenders.

In this blog, we will understand more about Section 166 of the Motor Vehicle Act. Section 166 of the MV Act is concerned with understanding who is liable to claim compensation as per the MACT or the Motor Accident Claim Tribunal.

Before we get into the specifics of the Motor Vehicle Act 166, we must understand the importance of having valid insurance for your four-wheeler. A third-party car insurance plan is mandatory as per the Act stated above and should be present when you are driving on the roads in the country. It is also a way to financially safeguard yourself in case an accident takes place on the road.

With Tata AIG, you can get insurance for your four-wheeler online in a few clicks. You can also renew your car insurance using the website, and it also takes only a few minutes. Moreover, if you want to know the car insurance premium, then you can use the premium calculator available on the website. Let us now get into the details of the Motor Vehicle Act under Section 166.

What is the Motor Vehicles Act, 1988?

The very first act that was introduced to regulate the vehicles involved in accidents on the roads was the Motor Vehicles Act of 1914. This act was then replaced by the Motor Vehicles Act of 1939.

Post this, due to the rising need and urgency for a better legislation process that covers all the aspects of the road transport accidents under its provisions was needed. The effect of this was that the Motor Vehicles Act of 1988 was introduced, which replaced the act of 1939.

The MV Act was implemented on 1st July 1939, and it covered all the aspects related to vehicles on the road. As a result, it emerged as a powerful force to regulate road transportation. Here are some of the features of the Motor Vehicles Act of 1988:

  • Provides help to the public if they are involuntarily involved in an accident on the road.

  • The provisions of the act also ensure the interests of the third party are protected. Third-party refers to anyone who had no fault in the accident but became a victim because of the rash driving of others.

  • The act comprehensively covers all the facets associated with the vehicles that are on the roads in the country.

Let us get into the details of Section 166 of the Motor Vehicle Act 1988.

What is Section 166 of the MV Act?

Section 166 of the MV Act is a provision that covers the regulations regarding who can apply for compensation under the MACT if they are involved in an accident on the road. Section 166 of the Motor Vehicle Act 1988 compensation can be claimed if:

  • They have been injured in the accident that took place on the road.

  • They own the property or the vehicle that was involved in the accident that took place.

  • They represent the person who died in the road accident legally.

  • They are stated as the authorised representative for the person who has been injured or the legal representative of the person who died in the accident.

Note: In such cases, it becomes essential to understand who is the owner of the bike. According to Section 2(30) of the MV Act, anyone whose name is registered with the bike is considered the owner. If the owner is a minor, then the legal guardian is considered the owner of the bike.

How Can You Claim Section 166 of the Motor Vehicle Act 1988 Compensation?

You can claim compensation through the Motor Vehicle Act under Section 166 by applying for it at the following locations of the tribunal:

  • The MACT is where the bike owner has their residence.

  • The MACT is where the claimant has their residence.

  • The MACT is located where the accident took place.

Can Compensation Under the Motor Vehicle Act 166 Be Claimed Anytime?

Although there is no specific timeline by which you need to file for compensation, it is recommended to file for compensation within a reasonable time period. If you take too long, you might face some questions from the tribunal, and they might raise some doubts or queries.

The claim for compensation under the Section 166 of the Motor Vehicle Act 1988 is granted under the following conditions:

  • If the accident caused injuries or death of the third party.

  • If the accident caused loss or damage to the property or vehicle of the third-party

  • If the accident was a result of the involvement of motor vehicles.

Thus, this is all you need to know about who is awarded the compensation if there is an accident that involves a third party. Therefore, it is essential that you file for compensation as early as possible so that you can receive it quickly.

Conclusion

The Motor Vehicles Act of 1988 was a preventive measure taken to lower or eradicate accidents on the roads in the country, while at the same time, it was a remedial measure in case an accident does take place. However, laws are just papers that have been passed if they are not implemented and followed correctly.

It is important for the people in India to ensure that Section 166 of the MV Act and all other provisions are implemented successfully so that genuine cases can get redressal if they are victims of an accident. Everyone must follow all the rules and regulations on the road and drive carefully to help mitigate the accidents on the road. Wearing a helmet if riding a two-wheeler and fastening the seatbelt while driving can save lives. Also, carrying necessary documents like PUC and car insurance is also important.

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