Under the provisions of the Insurance Act, the concept of insurance claim is categorized into two parts:
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 the first party is the insured party, the second party is the Insurance Company and the third party is the party who suffered damages or injuries.
There are certain conditions which are to be followed for claiming damages by the third party:
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.
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, cases are filed before the Motor Accident Claim Tribunals (MACT)
The MACT issues a notice upon the Application to the insured person and gives reasonable opportunity of being heard and holds the inquiry for the claim.
The award is made by MACT upon the merits of the case.
The party files the case before MACT with all the supporting 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 incurred for 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
The compensation sought for damages caused before the MACT are as follows:
General Damages for the pain and suffering caused to the person;
If the loss is caused to a person who is deprived of earning then the past and 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.Copyright 2022 – Helpline Law - HLL001
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