SHAMBHUNATH INSTITUTE OF LAW

B.A.L.L.B (HONS.)

PROJECT REPORT

FOR

SEMESTER X

SESSION: 2023-24

SUBMITTED

UNDER THE SUPERVISION OF:

DR. SATISH CHANDRA MANAS

TRIPATHI

(SUPERVISOR) (CO-SUPERVISOR)

SUBMITTED BY:

NAME:- Akanksha Pandey

ENROLLMENT NO.:- 2013041011015

SEMESTER:- X

SESSION:- 2023-2024
 PROJECT REPORT
ON

“LAW RELATING TO MOTOR VEHCILE ACCIDENT CLAIMS: A

CRITICAL STUDY OF GRIEVANCE REDRESSAL MECHANCANISM
WITH SPECIAL REFERENCE TO PROTECTION OF SAMARITAN IN
INDIA”

PROJECT SUBMITTED

Under the supervision

Of

DR. SATISH CHANDRA MANAS TRIPATHI

(SUPERVISOR) (CO-SUPERVISOR)

SUBMITTED BY:-

NAME:- Akanksha Pandey

ENROLLMENT NO.:- 2013041011015

SEMESTER:- X

SESSION:- 2023-2024

DATE OF SUBMISSION:- 21/03/2024

SHAMBHUNATH INSTITUTE OF LAW

JALWA, PRAYAGRAJ- 2110015, UTTAR PRADESH

 DECLARATION

I, Akanksha Pandey, solemnly declare that the matter written in the project report is based on
my ownwork carried out during the exploration and research of the matter facts. I also assert
that the statements made and the conclusions drawn are the result of my own research work.

I further assert:

• The work is my original work and is not copied from other sources.
• All the guidelines mentioned were kept in mind during the completion of
theproject.
• Any work or material used from the other sources has been appropriately
referenced and acknowledged.
• This project is not submitted to any other institution or university for any purpose.

I also confirm that that the total number of words of the project (including the introduction,
description, discussion and conclusion) is within the prescribed number of words.

DATE- AKANKSHA PANDEY

2013041011015

Page | i
 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my mentor Manas Tripathi, Assistant
Professor at Shambhunath Institute of Law who constantly supported and guided me
throughout this work. Without her guidance, cooperation and encouragement, completing this
work would be very hectic.

I will also like to extend my gratitude to the Director, Prof. Satish Chandra and the Principal,
Dr. Rajni Tripathi of Shambhunath Institute of Law who has given me a golden opportunity to
do a project on sexual harassment at workplace. It was a very insightful topic and helped in
building of my knowledge.

A special thanks to my parents, and guardians without whom this work couldn’t be completed.
They are always an inspiration for me and I express my gratitude to them.

AKANKSHA PANDEY

2013041011015

Page | ii
 TABLE OF CONTENTS

SR.NO TITLE PG.

NO.

1. Declaration…………………………………………………… i

2. Acknowledgement…………………………………………… ii

3. List of abbreviations…………………………………….….... v

4. Table of Cases…………………………………………….…. vi

5. • Chapter 1- INTRODUCTION…………………………….. 1-3

1.1) Meaning of Motor Vehicle
1.2) Motor Vehicle Accidents
1.3) Causes of Motor Vehicle Accidents
1.4) What is the need for a law related to Motor Vehicle?

• Chapter 2- DESCRPTION…………………………………
4-7
2.1) Historical Background of Motor Vehicle Acts in India
2.2) Laws related to Motor Vehicle
2.3) Salient features and relevant provisions of Motor Vehicle Act,
1988
2.4) Features of Motor Vehicle (Amendment) Act, 2019

• Chapter 3- LAW RELATING TO MOTOR VEHCILE 8-13

ACCIDENT CLAIMS: A CRITICAL STUDY OF
GRIEVANCE REDRESSAL MECHANCANISM WITH
SPECIAL REFERENCE TO PROTECTION OF
SAMARITAN IN INDIA…………………….……………
3.1) Laws related to Motor Vehicle Accident claims
3.2) Grievance redressal mechanism related to Motor Vehicle Accident
3.3) Law for the protection of Samaritan in India

• Chapter 4- DISCUSSION…………………………………..
4.1) Law for motor vehicle accident claim in different countries 14-16
4.2) Landmark judicial pronouncements

Page | iii
 • Chapter 5- CONCLUSION AND RECOMMENDATIONS. 17-18
5.1) Conclusion
5.2) Recommendations

6. List of References.…………………………………………. 19

7. Summary of Research Papers ………………………………. 20-23

Page | iv
 LIST OF ABBREVIATIONS

Sr. No. Abbreviation Full Form

1. AIR All India Reporter

2. Anrs. Another

3. HC High Court

4. IPC Indian Penal Code

5. M.V. Motor Vehicle

6. Ors. Others

7. SC Supreme Court

8. SCC Supreme Court Cases

9. vs. Versus

Page | v
 TABLE OF CASES

Sr. Case Laws Page

No. No.

1. Gian Chand & Ors. v. Gurlabh Singh & Ors ,2016 (1) L.A.R. 532 11

2. Hirabhai N. Desai v.State of Gujrat, 1990 (1) TAC 13 (Guj.) 11

3. Jai Bhagwan v. Laxman Singh and Others, (1994) 5 SCC 5 15

4. K. Suresh v. New India Assurance Company Limited and Another, (2012) 12 SCC 15
274

5. Kumari Kiran through Her Father Harinarayan v. Sajjan Singh and Others, (2015) 1 16
SCC 539

6. Master Mallikarjun v. Divisional Manager, The National Insurance Company Limited 16

& Anr, (2013) 3 KLJ 815

7. Mohd. Habibullah v. Seetharamaiah, AIR 1967 Mad 123 6

8. Puttamma vs K L Narayan Reddy SC RCR 444 8

9. SaveLIFE Foundation & Anr. Vs. Union of India & Anr, AIR 2016 SUPREME 12
COURT 1617

10. State of Assam v. Pranesh Debnath, 1991(2) TAC 642 (Gau.) 11

11. Swaranlata v. N.T.I. Pvt. Ltd., A I R 1974 (Gauhati) 10

12 Vimla Devi & Ors. v. National Insurance Company Limited & Ors. (SC) 2018 (2) 6
L.A.R. 435

Page | vi
 CHAPTER 1
INTRODUCTION

1.1) MEANING OF MOTOR VEHICLE

A motor vehicle, also known as motorizes vehicle, automotive vehicle or road vehicle, is a self-
propelled land vehicle, commonly wheeled, that does not operate on rails (such as trains or
trams) and is used for the transportation of people or cargo.1

According to Section 2(28) of Motor Vehicle Act, 19882, "motor vehicle" or "vehicle" means
any mechanically propelled vehicle adapted for use upon roads whether the power of
propulsion is transmitted thereto from an external or internal source and includes a chassis to
which a body has not been attached and a trailer; but does not include a vehicle running upon
fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed
premises or a vehicle having less than four wheels fitted with engine capacity of not
exceeding twenty-five cubic centimeters.

1.2) MOTOR VEHICLE ACCIDENTS

Accident is an event, occurring suddenly, unexpectedly and inadvertently under unforeseen

circumstances. Road traffic accidents can be defined as “An accident that occurred on a way
or street open to public traffic; resulted in one or more person’s being killed or injured, and at
least one moving vehicle was involved. Thus, Road Traffic Accident is collisions between
vehicles; between vehicles and pedestrians; between vehicles and animals; or between vehicles
and geographical or architectural obstacles.” The World Health Organization (WHO)
estimates that, annually, road traffic crashes cause over 1.2 million deaths and more than 25
million severe injuries worldwide. Over 90% of the world’s fatalities occur in low and middle-
income countries, putting road traffic fatalities on par with malaria deaths.

1
https://en.wikipedia.org/wiki/Motor_vehicle#:~:text=A%20motor%20vehicle%2C%20also%20known,transpor
tation%20of%20people%20or%20cargo.
2
Motor Vehicle Act, 1988, Sec.2(8), No. 59, Acts of Parliament, 1988

1|Page
1.3) CAUSES OF MOTOR VEHCILE ACCIDENTS

Road accident is most unwanted thing to happen to a road user, though they happen quite often.
The most unfortunate thing is that we don't learn from our mistakes on road. Most of the road
users are quite well aware of the general rules and safety measures while using roads but it is
only the laxity on part of road users, which cause accidents and crashes. Main cause of
accidents and crashes are due to human errors.3

Some of the very basic causes of motor vehicle accidents are-

▪ Over Speeding

▪ Drunk and Drive

▪ Distraction to drivers

▪ Red Light jumping

▪ Avoiding safety gears

There are other reasons behind the accident also. One cannot decide its fortune but one can
always take every possible measure to keep themselves safe.

1.4) WHAT IS THE NEED FOR LAW RELATING TO MOTOR VEHICLE?

The main reasons behind drafting and enacting this legislation include the rapidly increasing
number of vehicles in the country and the need for encouraging adoption of higher technology
in the automotive sector. There also existed a need for effectively tracking down traffic
offenders and providing more deterrent punishment for certain offences. There was also a
growing concern for the framing of standards around vehicle components and road safety, as
well as measures for pollution control. Additionally, there was a necessity for improved
regulation around the registration of drivers, with there being a need for stricter protocol around
granting driving licenses. The system of vehicular registration also merited change, with an
updated system being brought in place for registration marks, as well as for the maintenance
of State registers for driving licenses and vehicle registration. The Act was also brought in to

3
https://jhtransport.gov.in/causes-of-road-accidents.html

2|Page
liberalize the grant of permits for vehicles carrying goods, as well as to rationalize definitions
for types of vehicles.

3|Page
 CHAPTER 2
DESCRIPTION

2.1) HISTORICAL BACKGROUND OF MOTOR VEHICLES ACT IN INDIA

The Motor Vehicles Act, 19144 was the first enactment relating to the motor vehicles in India.
Under Common Law there was no right to claim damages in case of death. Right to claim
damages was however always recognized in case of personal injury. After the advent of the rail
and road transport, the Fatal Accidents Act of 1846 was introduced in England and in case of
death due to negligence the tortfeasor was made liable to pay compensation to certain
relatives.9 The common law in England which rested on the fundamental principle that
whenever a man has a right the law should give a remedy, did not provide any remedy to the
dependents or the heirs of the deceased person whose death was caused by a tortious act of
another person, because the cause of action to sue died with the person. On the other hand, a
person who was slightly or seriously injured could maintain an action in damages against the
tortfeasor. The same principle was applied to India. This resulted in the peculiar position that
a wrong doer could very well say that it was cheaper to kill than to maim or cripple a person.
Naturally such an unsatisfactory state of law could not be allowed to continue. It was to
overcome this state of law that in England the Legislature enacted English Fatal Accident Act,
1846, which is also known as Lord Campbell’s Act. India did not remain behind and legislation
on the lines of the English Act cane to be passed i.e., Indian Fatal Accident act, 1855.

Motor Vehicle Act on 1939, which was later repealed by Motor Vehicle Act, 1988.

2.2) LAWS RELATED TO MOTOR VEHCILE

As driving has become the most popular form of transportation, we are now more susceptible
to accidents. Sometimes the rush to get there on time causes us to forget or disobey traffic laws,
which can be inconvenient or problematic for other drivers as well as pedestrians. To make

4
Motor Vehicle Act, 1914, No. 8, Acts of Parliament, 1914

4|Page
things safer for everyone, the government cannot just impose more limitations. This situation
cannot be remedied in this way. As responsible drivers, we must follow them religiously.

Throughout the years, several laws have been established to guarantee increased road safety.
Major laws are-

▪ INDIAN MOTOR VEHICLES ACT, 1914 - The first act under the central legislation,
the Indian Motor Vehicles Act of 1914 was passed under British India. With 18 sections
in place, the Act enabled the local governments to regulate enforcements and to ensure
the registration and licensing of vehicles and motorists to maintain road safety. The Act
was later modified in some princely states in 1920 and 1924 and adhered to until the
Motor Vehicles Act in 1988.

▪ MOTOR VEHICLES ACT, 1988 - The Motor Vehicles Act of 1988 made licensing of
the motorists and registration of the vehicles mandatory. The Act introduced Learner’s
license for all the drivers willing to obtain a license and mandated the use of the “L”
board and the company of an instructor when driving in a public place. The Act also
laid down rules and regulations for permit control, traffic regulation, motor insurances,
and penalties. The Act proposed that no person under the age of 20 is allowed to drive
a vehicle in a public place and a learner’s license or driving license should only be
issued if he or she meets the eligibility requirement. With the Act, the limitations on
third-party motor insurance were lifted and a cap for third-party liabilities up to Rs. 10
lakhs for death and Rs. 5 lakhs for serious injuries were proposed.

▪ MOTOR VEHICLE (AMENDMENT) ACT, 2019 - Implemented since September 1,

2019, the Motor Vehicles (Amendment) Act 2019 was passed to ensure road safety
with stricter rules. The major provisions under the Act include compensation up to two
lakhs for road accident victims and huge fines for willful offenders. The bill also
reinstated a recall of vehicles for all vehicles which may be an unreasonable safety risk
to other motorists, the driver, and the environment. With the amendment of the bill, the
Central government created the National Road Safety Board as an advisory board on
all aspects of road safety and traffic management.

5|Page
2.3) SALIENT FEATURES AND RELEVANT PROVISIONS OF MOTOR

VEHICLE ACT, 1988

The Motor Vehicles Act is not merely self-contained code for the adjudication of claims to
compensation on behalf of the victims of a motor accident, but also a complete machinery for
the adjudication of such instances.5Act is a beneficial piece of legislation enacted to give solace
to the victims of the motor accident who suffer bodily injury or die untimely, it is designed in
a manner, which relieves the victims from ensuring strict compliance provided in law, which
are otherwise applicable to the suits and other proceedings while prosecuting the claim petition
filed under the Act for claiming compensation for the loss sustained by them in the accident.6

The Motor Vehicles Act, 1988 as well as The Motor Vehicles (Amendment) Act 2019 is
conceived with the following objectives:

I. To deal with the rising number of vehicles and resultantly increase in the number of
road accidents.

II. Improvement in the existing standards of road standards ensuring safety

infrastructure.

III. Stringent steps against the wrong-doers (disobeying traffic rules)

IV. Defining the scope of certain existing provisions along with the introduction of new
concepts related to launching of new vehicles.

V. Issuing of license and its renewal along with special endorsement of HTVs made
stricter.

VI. Detailed explanation with respect to standards of the vehicles as well as its parts.

VII. Laying down standards for pollution and its control.

VIII. Special provisions in case of commercial vehicles with respect to its fitness.

IX. Amended provisions related to issuing of permits especially for goods carrying
vehicles.

X. Managing the Solatium Scheme by the Insurance Sector.

5
Mohd. Habibullah v. Seetharamaiah, AIR 1967 Mad 123
6
Vimla Devi & Ors. v. National Insurance Company Limited & Ors. (SC) 2018 (2) L.A.R. 435

6|Page
 XI. Arrangement for enhanced amount of compensation under different conventional
heads related to road accidents.

XII. Constitution of Road Safety Councils.

XIII. Ensuring adequate compensation to victims in quicker way and avoiding

unnecessary delay.

XIV. Making the provisions related to fines and penalties more stringent.

XV. Change and intensification of specific meanings of new kind of vehicles.

XVI. Putting limitations on the modification of vehicles.

XVII. Certain exclusion clauses for e-vehicles.

2.4) FEATURES OF MOTOR VEHICLES (AMENDMENT) ACT, 2019

The Motor Vehicles (Amendment) Act, 2019 introduced several significant features and
amendments to the existing Indian Motor Vehicles Act of 1988. These changes aimed to
enhance road safety, improve traffic management, and streamline various processes related to
licensing, registration, and enforcement. Some of the key features of the Motor Vehicles
(Amendment) Act, 2019 are as follows-

▪ Implementation of stricter penalties

▪ Emphasis on road safety

▪ Promotes the use of technology for improved traffic monitoring and enforcement

▪ Recognition of online platforms

▪ Good Samaritan protection

▪ Motor Vehicle Accident fund

7|Page
 CHAPTER 3
LAW RELATING TO MOTOR VEHCILE ACCIDENT CLAIMS: A
CRITICAL STUDY OF GRIEVANCE REDRESSAL MECHANCANISM
WITH SPECIAL REFERENCE TO PROTECTION OF SAMARITAN IN
INDIA

Before Indian Fatal Accident Act, 1855 came into force in India, there was no provision in
Indian Laws to maintain a claim for damages/compensation by the legal representative of the
deceased for his death caused by tort/civil wrong or even by crime. The right to claim
compensation died with the death of a person.

Fatal Accident Act, 1855 was the first Indian legislation that provided a right to claim
compensation for the death of a person caused by wrongful act of another.7

3.1) LAWS RELATED TO MOTOR VEHICLE ACCIDENT CLAIMS

It is possible to file a claim for compensation for injuries sustained in a motor vehicle accident.
A monetary settlement for "loss of consortium," or the damage a car accident causes to a
person's or family member's relationships, may be included in this compensation. The
compensation for a motor vehicle accident can now be awarded to the accident victim's parents
and children in addition to their spouse, according to a ruling by the Supreme Court.

In India, claims related to motor vehicle accidents are regulated by Motor Vehicle Act, 1988.

3.1.1) SPECIFIC PROVISIONS UNDER CHAPTER 10 OF THE MOTOR VEHICLE ACT,

1988

▪ SECTION 140(1). LIABILITY TO PAY COMPENSATION IN CERTAIN

CASES ON THE PRINCIPLE OF NO FAULT8-

Where death or permanent disablement of any person has resulted from an

accident arising out of the use of a motor vehicle or motor vehicles, the owner of

7
Puttamma vs K L Narayan Reddy SC RCR 444
8
Motor Vehicle Act, 1988, Section 140(1), No. 59, Acts of Parliament, 1988

8|Page
 the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly
and severally, be liable to pay compensation in respect of such death or
disablement in accordance with the provisions of this section.

▪ SECTION 161(3). SPECIAL PROVISIONS AS TO COMPENSATION IN

CASE OF HIT AND RUN MOTOR ACCIDENT9-

Subject to the provisions of this Act and the scheme, there shall be paid as
compensation-

(a) in respect of the death of any person resulting from a hit and run motor
accident, a fixed sum of twenty-five thousand rupees;

(b) in respect of grievous hurt to any person resulting from a hit and run motor
accident, a fixed sum of twelve thousand and five hundred rupees.

▪ SECTION 163(1). SPECIAL PROVISIONS AS TO PAYMENT OF

COMPENSATION ON STRUCTURED FORMULA BASIS10-

Notwithstanding anything contained in this Act or in any other law for the time
being in force or instrument having the force of law, the owner of the motor vehicle
of the authorized insurer shall be liable to pay in the case of death or permanent
disablement due to accident arising out of the use of motor vehicle, compensation,
as indicated in the Second Schedule, to the legal heirs or the victim, as the case
may be.

3.1.2) PROVISION UNDER BHARTIYA NYAYA SANHITA, 2023

▪ SECTION 106(2). CAUSING DEATH BY NEGLIGENCE11-

Whoever causes death of any person by rash and negligent driving of vehicle not
amounting to culpable homicide, and escapes without reporting it to a police officer
or a Magistrate soon after the incident, shall be punished with imprisonment of
either description of a term which may extend to ten years, and shall also be liable
to fine.

9
Id. Section 161(3)
10
Id. Section 163(1)
11
Bhartiya Nyaya Sanhita, 2023, Section 106(2), No. 45, Acts of Parliament, 2023

9|Page
3.2) GRIEVANCE REDRESSAL MECHANISM RELATED TO MOTOR VEHICLE
ACCIDENT

A new forum, i.e. Motor Accidents Claims Tribunal, which substitutes Civil Court, has been
created by the Motor Vehicles Act, for cheaper and speedier remedy to the victims of accident
of motor vehicles. Prior to the Motor Vehicles Act, a suit for damages had to be filed with civil
court, on payment of ad valorem court fee. But, under the provisions of this Act, an application
claiming compensation can be made to the Claims Tribunal without payment of ad valorem
fee.12

Chapter XII of the Motor Vehicles Act, 1988 deals with the constitution of Claims Tribunal,
Application of Claims and award of compensation etc. This chapter also deals with procedure
followed by tribunals in awarding claim and awarding of interest and compensatory costs in
some cases and appeals against the orders of claims tribunal.

The Act empowers the State Government to constitute one or more Motor Accident Claims
Tribunals for such as may be specified in the notifications for the purpose of adjudicating upon
claims for compensation in respect of accidents involving the death of, or bodily injury to,
persons arising out of the use of motor vehicles or damages to any property of a third party so
arising, or both. The expressions, ‘claims for compensation in respect of accidents involving
the death of or bodily injury to persons arising out of the use of motor vehicles’ includes claims
for compensation under section 140 and 163A of the Act.13

A Claims Tribunal shall consist of such number of members as the State government may think
fit to appoint and where it consists of two or more members, one of them shall be appointed as
the Chairman thereof. A person shall not be qualified for appointment as a member for Claims
Tribunal unless he:

a) Is, or has been, a judge of a High Court, or

b) Is, or has been, a District Judge, or

c) Is qualified for appointment as a High Court Judge or as a District Judge

Whenever an accident takes place, the victim of the road accident is either injured, seriously

12
Swaranlata v. N.T.I. Pvt. Ltd., A I R 1974 (Gauhati)
13
Dr. Krishna Pal Malik, Motor Vehicles and Railway Accidents Claims and compensation (Statutory Torts) 91
(Allahabad Law Agency 1st edition 2010-11)

10 | P a g e
injured or is killed by the offending vehicle. The question now arises where the accident victim
or the legal representatives should go for the grant of the damages by way of compensation.
Prior to the existence of the Motor Accident Claims Tribunal, it was cumbersome method to
get any compensation in such cases. But by the introduction of the Claims Tribunals, things
comparatively have become easier and the victim has only to fill in the prescribed Performa
along with some details of the accident and to file the same in the Motor Accident Claims
Tribunal. Under Section 165 of the Motors Vehicles Act,1988 the Tribunals are constituted
where such claims can be filed. Section 165 of the Act says, a State Government may, by
notification in the Official Gazette, constitute one or more Moto Accidents Clams Tribunals
for such area as may be specified in the notification accidents involving the death, of, or bodily
injury to, persons arising out of the use of motor vehicles, or damages to any property of a third
party so arising or both.

3.2.1) PROCEDURE AND POWER OF CLAIMS TRIBUNAL

The main focus of the Tribunal while dealing with the case is to scrutinize all the facts and
figures in order to calculate the award amount. The strict procedure is however is relaxed in
the trial of such types of cases. But it is to be noted that this does not at all means that the
powers of the Tribunal are inferior to the other civil courts. It possesses all the powers which
the other courts possess like powers of issuing summons, production of documents etc. Claims
Tribunal constituted under M.V. Act is a “court” for the purpose of Section 115 of the CPC.14
It is subordinate to the concerned High Court within the meaning of said section and as such
the revision against its decision will also lie to the High court. It was further confirmed that
“Claims tribunal for all intents and purposes and accordingly has ample jurisdiction to
exercise power under the Code, Provision of section 175, of Act,1988, has nothing to do with
application of CPC.”15

3.2.2) PERSONS ENTITLED TO FILE CLAIM PETITION UNDER MOTOR VEHICLES

ACT

Many times, it has been noticed that while filing the case for compensation under section 166
of Motor Vehicles Act, it has to be decided that who is entitled to get compensation. In Gian
Chand & Ors. v. Gurlabh Singh & Ors.,16 the question whether parents / brother can claim or
not? It was held that brothers could not be said to be dependent on the earning of the deceased.

14
State of Assam v. Pranesh Debnath, 1991(2) TAC 642 (Gau.)
15
Hirabhai N. Desai v.State of Gujrat, 1990 (1) TAC 13 (Guj.)
16
Gian Chand & Ors. v. Gurlabh Singh & Ors ,2016 (1) L.A.R. 532

11 | P a g e
Considering the fact that the deceased was teaching in a school, in totality of facts and
circumstances, it would be appropriate to award a lump sum compensation of Rs.7,50,000/- to
the parents along with interest at the rate of 6 per cent per annum from the date of filing of
claim petition till its realization.

3.3) LAW FOR THE PROTECTION OF SAMARITAN IN INDIA

In the general sense, the term ‘Samaritan’ refers to a charitable person, one who helps others.

A Good Samaritan is a person who, in good faith, without expectation of payment or reward
and without any duty of care or special relationship, voluntarily comes forward to administer
immediate assistance or emergency care to a person injured in an accident, or crash, or
emergency medical condition, or emergency situation.17

In the case of SaveLIFE Foundation & Anr. Vs. Union of India & Anr.18 The Supreme Court
directed the Central Government to issue the Guidelines to protect Good Samaritans. In 2015,
Ministry of Road Transport and Highways (MoRTH) notified the Guidelines. In 2016, the
Supreme Court of India provided the ‘force of law’ to the said Guidelines under Article 141 of
the Indian Constitution. Consequently, making the guidelines legally binding on all States and
Union Territories in India and instituting a Good Samaritan Law for India.

The Motor Vehicles (Amendment) Act, 2019, inserted a new section 134A, named "Protection
of good Samaritans" which states “(1) A Good Samaritan shall not be liable for any civil or
criminal action for any injury to or death of the victim of an accident involving a motor vehicle,
where such injury or death resulted from the Good Samaritan’s negligence in acting or failing
to act while rendering emergency medical or non-medical care or assistance.

(2) The Central Government may by rules provide for the procedure for questioning or
examination of the Good Samaritan, disclosure of personal information of the Good Samaritan
and such other related matters.”

3.3.1) ANALYSIS OF THE GOOD SAMARITAN (PROTECTION FROM CIVIL AND

CRIMINAL LIABILITIES) BILL

17
https://morth.nic.in/good-samaritan
18
SaveLIFE Foundation & Anr. Vs. Union of India & Anr, AIR 2016 SUPREME COURT 1617

12 | P a g e
This is a bill that applies to the entire country, i.e. India. This bill created rights and provisions
of a Good Samaritan and also talked about the fund, which is designed for this purpose. The
bill provides for the qualification of the chairman of the authority, and the authority is required
to take representation from each state and union territory of India. It lays down the functions
of the authority and also puts down the constitution of a Good Samaritan. The bill states that
all the hospitals, whether private or government-owned, shall provide free medical aid to the
victims of car accidents without asking the Good Samaritan to pay for the treatment. The main
object of this bill is to protect the Good Samaritans from legal and other hassles, and protect
them from harassment by the police officials; encourage, motivate the bystanders to provide
medical aid or additional assistance (take to the hospital, etc.) to the victim of road accidents
within the golden hour; and remove the fear of legal intervention, payment of fees, police
harassment, detention, repeated questioning, investigation, court appearances, etc. from the
Good Samaritans and the bystanders.

13 | P a g e
 CHAPTER 4
DISCUSSION

4.1) LAW FOR MOTOR VEHICLE ACCIDENT CLAIM IN DIFFERENT

COUNTIRES

• UNITED ARAB AMINATES

UAE is famous for various things, one of them being strict laws. UAE has stringent
rules for Motor Vehicle.

UAE has one of the strictest laws relating to road transport. As we all know, UAE’s
laws are mostly based on the Deterrent theory, but it helps UAE reduce its traffic death
and injury. In 2006, 190 people died per million in traffic collisions linked to high speed
and low safety culture. In 2010 it reduced to 100 per million, and in 2014-2018 it
dropped by 34%.

Road and Transport Authority (RTA) regulates and issues licenses in UAE. It also
operates jointly with the traffic department to ensure more efficiency in implementing
rules. The road transportation in the UAE comprises driving rules, road rules, road
types, land, and marine transportation. In Dubai, penalty points system are followed for
each violation, and the authority adds black points for every violation. It leads to the
seizure of the driving license if it reaches 24 black points within 24 months, the penalty
charges are as follows:

On the first violation, the driving license is seized for three months. On the second
violation, the driving license is seized for six months. On the third violation, the driving
license is seized for a year and is given when the driver passes the driving course signed
by the traffic authorities.

• UNITED STATES OF AMERICA

In the United States of America, transportation consists of road, rail, air, and waterways
transport. Travel through roads consist of 40% share, followed by airways and others.

In many U.S. states, traffic offenses are distinguished into two, i.e., traffic

14 | P a g e
 misdemeanors and traffic felonies. Traffic misdemeanors are those minor offenses that
do not require any hefty long trial. Punishment for these are fines or going to driving
school. Traffic felonies are those offenses that endanger the lives of others while
driving. For instance, driving a vehicle to hit and kill someone. Punishment for those
offenses, which are a year or more imprisonment, comes under the category of traffic
felonies.

In most states, the Points System is followed. This is similar to the UAE Black points
system. For each offense, points are added in the U.S., and one can reduce it by paying
fines or attending driving school. Too many points lead to temporary seizure of
license.

4.2) LANDMARK JUDICIAL PRONOUNCEMENTS

• K. Suresh v. New India Assurance Company Limited and Another19

In this case, Supreme Court observed that while some speculation, some hypothetical
thinking, and some empathies are taken into account when determining the appropriate
amount of compensation, it is important to examine the final decision through certain
objective standards. And, that neither the Tribunal nor a judge have the right to act
extravagantly and grant a huge quantity of money. The idea of "just compensation" is
central to eventuality theory.

The sufferings of the injured person, such as his inability to live a full life, his inability
to enjoy daily amenities that he would have enjoyed but for the injuries, and his inability
to earn as much as he used to or could have earned, must be taken into consideration by
the adjudicating authority when determining the appropriate amount of compensation.

• Jai Bhagwan v. Laxman Singh and Others20

In this case, the Supreme Court made reference to In Clerk and Lindsell on Torts (16th
Edn.), wherein while referring to damages for personal injuries, it was stated that-

“In all but a few exceptional cases the victim of personal injury suffers two distinct
kinds of damage which may be classed respectively as pecuniary and non-pecuniary.

19
K. Suresh v. New India Assurance Company Limited and Another, (2012) 12 SCC 274
20
Jai Bhagwan v. Laxman Singh and Others, (1994) 5 SCC 5

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 Bu pecuniary damage is meant that which is susceptible of direct translation into money
terms and includes such matters as loss of earnings, actual and prospective, and out-
of-pocket expenses, while non-pecuniary damage includes such immeasurable elements
as pain and suffering and loss of amenity or enjoyment of life. In respect of the former,
it is submitted, the court should and usually does seek to achieve restitutio in integrum
in the sense described above, while for the latter it seeks to award ‘fair compensation’.
This distinction between pecuniary and non-pecuniary between ‘special’ and ‘general’
damages, for while the former is necessarily concerned solely with pecuniary losses –
notably accrued loss of earnings and out-of-pocket expenses – the latter comprises not
only non-pecuniary losses but also prospective loss of earnings and other future
pecuniary damage.”

• Master Mallikarjun v. Divisional Manager, The National Insurance Company

Limited & Anr.21
In this case, the Supreme Court considered the issue of fair compensation to be awarded
to a child, who suffered a disability in a motor accident. The Apex Court in the case
declared that the minimum compensation in such cases should be Rs. 3,00,000/-, if the
child suffers whole body disability between 10% to 30%, Rs. 4,00,000/- for disability
up to 60%, Rs. 5,00,000/- for disability up to 90% and Rs. 6,00,000/-, if the disability
is above 90%.

• Kumari Kiran through Her Father Harinarayan v. Sajjan Singh and Others 22
In this case, the Apex Court took note of the agony of the parents wherein in the
disability is suffered by a minor child. The Court while determining fair compensation
the agony of the parent should also be one of the factors, since their sorrow will continue
for the whole life seeing their child in a vegetative state on account of the negligence
of the hospital authorities.

21
Master Mallikarjun v. Divisional Manager, The National Insurance Company Limited & Anr, (2013) 3 KLJ
815
22
Kumari Kiran through Her Father Harinarayan v. Sajjan Singh and Others, (2015) 1 SCC 539

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 CHAPTER 5
CONCLUSION AND RECOMMENDATIONS

“There are not many roads; there is a single road that extends across the length and breadth
of our vast planet. Each of us is responsible for a segment of that road. The road safety
decisions that we make or do not make ultimately have the power to affect the lives of people
everywhere. We are one road – one world.”23

5.1) CONCLUSION

Road accidents are a tragic, preventable phenomenon that causes immeasurable pain and loss.
By understanding the diverse causes of these accidents and implementing targeted
interventions, it is possible to significantly reduce their frequency and impact. The commitment
to road safety must be a shared responsibility among individuals, communities, and
governments to create safer roads for all.

5.2) RECOMMENDATIONS

After discussing the procedural aspect and the documentary formalities which is beyond the
control of the road users, the next step in reducing the difficulties related to the road accidents
are by controlling or regulating those factors which are directly the cause of the accidents on
the roads.

Some suggestions/recommendations to lessen the number to road accidents which will lead to
lesser claims.

• The primary cause of mortality and serious injury for drivers of two- and three-wheeled
motor vehicles is traffic accidents resulting in head injuries. The risk of death can be
reduced by 42% and the risk of head injuries can be reduced by 69% when a helmet is
worn. The use of headgear, or helmets, when operating two-wheelers has been shown
to be an unquestionably important strategy for reducing the number of fatal traffic
incidents.

23
Rochelle Sobel, President, Association for Safe International Road Travel, United States of America

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• Those who wear seat belts, they also do so when the saw traffic police standing on the
road, the moment they cross the site, they remove it. Wearing a safety belt lessens the
danger of death rate to much extent among drivers and other occupants especially those
sitting on front seat along-with the driver by 45–50%. A prerequisite that both front and
back inhabitants use safety belts is a key measure for best practice.

• The majority of teens lack experience when it comes to driving. It has also been
observed that the majority of school-age children, who have not even reached the legal
driving age of 18 (at which point a driving licence is issued), are using their elders' cars.
Children shouldn't be permitted in cars unless and until they have received the
necessary training. The parents and other senior citizens in the home may make sure of
this. Limitations on the provision of automobiles to minors have a significant positive
impact on reducing the number of road accidents that result in injuries and fatalities. In
fact, there has been a 60% drop in these kinds of accidents involving children.

• There is a direct link of road construction with lethal and grave injury causation in road
accidents, and research has demonstrated that upgrading the road infrastructure,
especially structure norms that consider the wellbeing of all street clients, are basic to
making streets safe.

• The most essential factor in reducing the road accidents can be vehicle safety. Vehicle
security is progressively basic to the anticipation of accidents and has been appeared to
add to considerable decreases in the quantity of passings and genuine wounds coming
about because of street car accidents.

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 LIST OF REFERENCES

STATUTES REFERRED:

▪ Motor Vehicle Act, 1988

▪ Motor Vehicle (Amendment) Act, 2019

▪ Motor Vehicle Act, 1914

▪ Bhartiya Nyaya Sanhita, 2023

RESEARCH PAPERS REFERRED:

▪ Justice S. C. Mathur, Motor Vehicle Claims- A Historical Perspective, J.T.R.I, 1996,

https://ijtr.nic.in/articles/art29.pdf

▪ Ritvika Dwivedi, A Study on operation and claim procedure of Motor Vehicle

Insurance, Thakur College of Science & Commerce, 2020,
https://www.drnishikantjha.com/papersCollection/A%20STUDY%20ON%20OPERA
TION%20AND%20CLAIM%20PROCEDURE%20OF%20MOTOR%20VEHICLE
%20INSURANCE%20.pdf

▪ Yasmeena Jan, Law and Practice Relating to Settlement of Claims Through Motor
Vehicles Claim Tribunals: A Socio- Legal Study in Union Territory of Jammu and
Kashmir, Volume 7, International Journal of Legal Research and Studies, 2022,
https://www.ijlrs.com/papers/vol-7-issue-2/2.pdf

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 SUMMARY OF RESEACH PAPERS

1. MOTOR VEHICLE CLAIMS- A HISTORICAL PERSPECTIVE 24

By- Justice S. C. Mathur

This research paper talks about the present law of compensation for the Injuries suffered in
road accident involving a motor vehicle is very much different from the law as it originated in
the common law courts of Great Britain.
Under the original law the bas is of claim for compensation was fault. The courts awarded
compensation only when the driver was at fault. Therefore, it was necessary for the claimant
to compensation to assert and establish that the vehicle involved, at the time of accident, was
being driven rashly and negligently. The burden lay on the claimant and the claim failed if the
defendant was able to prove that there was sudden failure of brake or the vehicle suffered from
some latent defect. The claimant was hardly in a position to rebut the defendant's evidence on
these points. In order to shift the burden, the common law courts evolved the doctrine of res
ipsa laquitur, meaning the thing or event speaks for itself. By the application of this doctrine
the courts presumed rash and negligent driving where the facts were eloquent enough to lead
to that conclusion. Thus, where the victim got hooked to the vehicle and was dragged for some
distance before the vehicle came to stop, rash and negligent driving was apparent and was
treated as established. The evolution of the above doctrine brought much needed relief to the
victims of road accidents. As the number of road accidents increased and untold hardship
suffered by the victims and their dependents came to the notice of the courts, they, through
judicial verdicts, increased their pressure on the drivers reminding them of their obligation as
users of the public highways. They came very close to telling the drivers that they had the duty
to so drive their vehicles as to be able to stop them within the fraction of a second.
When the claims were entertained by the Civil Courts, a decree was passed which was executed
in accordance with the provisions of Order XXI of the Code of Civil Procedure. Now under S.
174 the amount awarded can be recovered as arrears of land revenue. This provision has been

24
Justice S. C. Mathur, Motor Vehicle Claims- A Historical Perspective, J.T.R.I, 1996,
https://ijtr.nic.in/articles/art29.pdf

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made obviously in the hope that it will result in expeditious realization of the amount awarded.
Whether the hope Is rightly placed or misplaced depends on the attitude of the Collector and
his staff. In post-independence era the Collectors are more busy performing protocol duties and
statutory duties fall in the background. In my judicial career I had occasion to deal with
petitions claiming writ of mandamus to command the Collector to perform his statutory duty
of taking action on the recovery certificate which was lying in his office unattended for the last
several months.

The Parliament has done its job to ensure payment of just compensation expeditiously. It is
now the job of other authorities- the insurers, the Tribunals, and the Collectors to give practical
shape to the Parliament's intention. The minimum the Insurer can do is to make Immediate
payment of Rs. 50,000/- to the dependent. In the event of death and of Rs. 25,000/- to the victim
who has suffered permanent disablement. Where the insurer fails to discharge this obligation,
the Tribunal can proceed to make a preliminary award under Order XII Rule 6 of the C.P.C.
and send recovery certificate to the Collector in accordance with S. 174 of the Act. The
Collector may not lose time in issuing the necessary process.

The author ended the research paper by saying ‘Amen’.

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 2. LAW AND PRACTICE RELATING TO SETTLEMENT OF CLAIMS THROUGH
MOTOR VEHICLES CLAIM TRIBUNALS: A SOCIO- LEGAL STUDY IN
UNION TERRITORY OF JAMMU AND KASHMIR25
By- Yasmeena Jan

When it comes to car accident claims, the goal is to put the claimants in their pre-accident
position. The numerous elements to be examined in calculating the amount of compensation,
such as the deceased income, the amount he would have provided to dependents, and the
likelihood that the deceased might have got better employment and thus earned more are all
factors to be considered. Compensation cannot be determined arbitrary, and there must be a
reasonable link between the loss and the compensation to be paid. When estimating the estate,
the deceased's living costs should be considered while calculating the amount of compensation.
Compensation must be reasonable and fair; it should neither be a windfall nor should be too
little.
As a result, the focus of this paper will be on the critical role provided by the Motor Accident
Claims Tribunal using a variety of methods to award compensation to applicants, modes and
techniques, as well as attempting to think outside the box, when necessary, in unusual
situations.
Accident claims in several states are sitting interminably before tribunals due to a lack of
judicial staff or other pathological factors, according to “Justice Krishna Ayer”. Courts must
give this bleeding class of cases top attention, follow a simplified procedure that does not
violate natural justice, explore pretrial agreements to minimize the dispute, and remember that
"wiping every tear from every eye" has judicial significance. Because the law owes it to Justice
to follow its word. Whatever mechanism is used in awarding compensation to the victims or
legal heirs of the deceased in tragic incidents, it is the responsibility of the Legislature and the
tribunals to ensure that the award sum is disbursed to the victims or legal heirs. Should be
disbursed to the affected parties as soon as possible, and the process for determining the amount
of compensation should be as quick as possible. “Justice J.R. Midha” stated in a 'Annual
National Seminar on the Working of the Motor Accident Claim Tribunals in India' that settling
MACT cases is fairly simple. He stated that if the cases are not resolved in a timely manner,

25
Yasmeena Jan, Law and Practice Relating to Settlement of Claims Through Motor Vehicles Claim Tribunals:
A Socio- Legal Study in Union Territory of Jammu and Kashmir, Volume 7, International Journal of Legal
Research and Studies, 2022, https://www.ijlrs.com/papers/vol-7-issue-2/2.pdf

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the entire country will be clogged with MACT cases. He claims that if the person's age, family
members, and income are known, solving the case will take only three minutes.
No one can truly compensate for the loss of life or a limb in an accident. The goal is to
compensate the person to the greatest extent possible. Although the future is uncertain, there is
a need to standardize somewhere. Compensation must be equitable, not inequitable, nor a
lottery.
While considering the problems of road accidents, the main focus of the present study is to
analyze in depth the provisions relating to motor accident claims, the proper procedure and
function of claim tribunals for awarding compensation in motor accident claims. In the matters
of the reckless negligent cases relating to motor accidents to find the role of maxim res ipsa
loquitur and criminal liability.
What are the existing trends in grant of compensation in calculating the amount of
compensation in respect of all accidents arising out of use of motor vehicles relating to bodily
inquiry, death and damages to the vehicles and the property, methods which are used by the
courts in calculating the amount of compensation while deciding the cases in respect of bodily
injury, death and damages to the vehicles and property if any. Relevant provisions applied by
the lok-adalat. The conditions, which are considered compulsory by the courts and tribunals
for accepting claims of compensation under motor vehicles act. To enquire the relevant factors,
which are considered by the courts and tribunals as vulnerable for a claim of compensation
under motor vehicle act?
The present research will cover Jammu and Kashmir work shall be done on select parameters
of implementation of the Act on social-legal provisions. The research intends to take one
district from Kashmir division and one from Jammu for empirical study.

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