Unholy Nexus

The nexus between claimants, medical practitioners and others have led to the increase in the number of fraudulent claims put forward by the people before the Motor Accident Claims Tribunal (MACT).
Such cases are emerging as a challenge for the legal system in the country. In Uttar Pradesh licenses of 30 lawyers were terminated after they were found involved in the submission of fake claims before the MACT.
According to the law a person who has himself sustained an injury, or owns the property which has been damaged in a vehicular accident, or is the legal representative of the deceased who died in the motor accident, or is the duly authorized agent by the injured person, or by the legal representatives of the deceased, as the case maybe- can claim compensation, under section 166 of MV Act 1988.
But during the past few years there has been an increase in the number of fraudulent claims, which has led to fake people getting compensated and the real victims getting a raw deal.
Not many people are aware of the new amendment in the MV Act which has fixed the limitation period to six months i.e. any compensation for the accident has to be claimed within the six months after the accident. Once the limitation period is over the court doesn’t entertain the claim.
Another important factor is that an insurer or any party in a compensation claim is obliged to pay special costs as compensation. If it is certain that either the compensation claim is invalid as the policy of insurance was obtained through any kind of fraud or misrepresentation or that any party or insurer has proposed a false or abrasive claim or defence during the proceedings of the case. These special costs must be compensated to the insurer or the party against whom such claim or defence had been advanced.
But a few black sheep within the legal system are manipulating these rules and are misusing these for their own wrongful gains. This issue needs to be taken a note of and whosoever is found involved in such misdemeanors needs to be dealt with sternly. The MACT provides justice to the victims and only the victims should be entertained.

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