Jharkhand Motor Accidents Claims Tribunal (JMACT) can now sell away the vehicles of defaulters to pay compensation to the road accident victims. The recently issued new Jharkhand Motor Accidents Claims Tribunal Rules give the tribunal the power to auction the vehicle of the defaulter if he/she refuses to pay compensation imposed by the tribunal to the accident victim.
Joint transport commissioner (Road Safety), Ravi Shankar Vidyarthi said, “This provision only exists in Delhi and no other State. This way if an aggrieved party is not paid the compensation then they can approach the tribunal again and then the tribunal can seize the vehicle which caused accident, auction it and pay the compensation to the aggrieved party.”
The Jharkhand Motor Accidents Claims Tribunal Rules 2019 is a new rule brought to replace the Bihar Motor Vehicles Accident Claims Tribunals Rules, 1961 which was being followed in the State till date.
The rules elaborately specifies the process of application for compensation, duties of investigating officer, duties of insurance company and other important details needed to claim for compensation in a case of accident cause by motor vehicle.
Vidyarthi said, “The tribunal is already functional in the State and it gets cases of various types including cases related to vehicle insurance, third party insurance, accident from government vehicle and more. The compensation allotted varies depending on case to case basis.”
To file a case with the JMACT, an aggrieved person has to lodge an FIR at the local police station and then apply with the tribunal. Following this the tribunal will order an investigation of the case and an investigative officer would be appointed. Bothe the parties will then be called for hearing and after the due process is completed, compensation would be ordered in accident is proven.
The tribunal can also dispose off an application if there is no sufficient ground to proceed with. The Claims Tribunal may, if it thinks fit, require the motor vehicle involved in the accident to be produced by the owner for inspection at a particular time and place to be mentioned by it, in consultation with the owner. Also, it can order a medical examination of the injured persons in needed to get the degree and extent of injuries.