Third party insurance claim in India

INTRODUCTION

Under the provisions of the Insurance Act, the concept of insurance claim is categorized into two parts:
  1. First Party Insurance
  2. Third party Insurance ( often known as liability insurance)
    Under first party Insurance Claim, one can file with his own insurance company but in third party insurance, the Insurance Company indemnifies the insured person, if he is liable for any injury or damage caused to the third party. In the above explanation insured is the First Party, The second party is the Insurance Company and the third party is the party who suffered damages or injuries.

WHEN A THIRD PARTY CLAIM CAN BE FILED

There are certain conditions which are to be followed for claiming the damages by the third party:
  1. The person should suffer the bodily injury in an accident
  2. The property of the person must be damages because of accident
  3. There is a loss to the life of a person.

WHO CAN FILE A THIRD PARTY CLAIM

The claims can be made by the person himself who has sustained any damage or injury or by the agent duly authorized by the person who suffered any loss or the owner of the damaged property or any heir or legal representative of the deceased whose life is lost in an accident.

HOW TO FILE A THIRD PARTY CLAIM

  • The insurance details of the vehicle involved in an accident with due intimation to the insurer of the vehicle.
  • Filing an FIR stating the details of the accident occurred, information about the vehicle involved in the accident and its driver and the details of the person who has witnessed the accident.
  • As per the provision of the Motor Vehicle Act, for the purpose of deciding the claims for compensation with respect to any loss or injury or damage to any life or property in an accident. Such cases are filed before the Motor Accident Claim Tribunals (MACT)
  • The MACT issues a notice upon the Application to the insured person and gives the reasonable opportunity of being heard and holds the inquiry for the claim.
  • The award is made by MACT upon the merits of the case.

DOCUMENTS REQUIRED TO FILE A CLAIM BEFORE MACT

The party files the case before MACT with all the supported documents. The list of documents is given as under:
  • Documents relating to the Identity of the Claimants who suffered loss or the deceased person.
  • Copy of the FIR filed before the Police Authorities and the surveyor report in case the property is damaged.
  • The treatment record and the expenses occurred to the person injured.
  • The Income proof of the Injured or deceased person
  • The age proof of the injured or deceased person
  • Other documents as instructed by the Tribunal

RELIEFS SOUGHT

The compensation sought upon the damages caused before the MACT are as follows:
  • General Damages for the pain and suffering caused to the person;
  • If the loss is occurred to a person by which who is deprive of earning then the past anf future income to be given;
  • All the past and future medical expenses of the person injured;
  • Rehabilitation expenses, if any;
  • Damages if there are any out of pocket expenses.

APPEALS

Within 90 days from the order passed by the MACT, the Appeal can be made to the High Court.

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