My father died in a road accident in Bareilly how to claim compensation from the tribunal

Detailed Legal Analysis

To claim compensation for your father's death in a road accident in Bareilly, you need to file a petition for compensation under the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal (MACT).

The following steps outline the process you should follow:

• Gather Necessary Documents:
  • Death certificate of your father.
  • Copy of the FIR (First Information Report) regarding the accident.
  • Post-mortem report, if applicable.
  • Insurance policy details of the vehicle involved.
  • Proof of dependency on the deceased, such as financial documents.
  • Identity proof and address proof of the claimant.
• Determine the Compensation Amount:
  • Calculate loss of income, if the deceased was employed.
  • Include medical expenses incurred prior to death.
  • Consider funeral expenses and loss of companionship.
• File a Claim Petition:
  • Draft a claim petition stating details of the accident, loss suffered, and the compensation sought.
  • File the petition in the MACT having jurisdiction over the area where the accident occurred (in your case, Bareilly).
  • Ensure to file within the limitation period of six months from the date of the accident as per Section 166(3) of the Motor Vehicles Act, 1988.
• Attend Tribunal Hearings:
  • Be prepared to present your case, including witnesses, if any, and all evidence gathered.
  • Respond to any queries from the tribunal regarding your claims.
  • Follow up on the proceedings and ensure proper representation.
• Await Judgment:
  • The tribunal will issue a judgment based on the evidence presented.
  • If awarded compensation, ensure it is disbursed as directed.
  • If not satisfied with the judgment, you can appeal to the High Court under Section 173 of the Motor Vehicles Act, 1988.

It is advisable to consult with a legal professional experienced in handling MACT cases to navigate the process effectively and ensure that all legal requirements are met.