⚖️ Adv Manu Gera – Motor Accident Claims Practice

While the firm’s website provides limited details, Advocate Khurana is well-positioned to assist clients before the Motor Accident Claims Tribunals (MACT) in Punjab & Haryana and even in High Courts, including:

• Drafting and filing petitions under relevant provisions of the Motor Vehicles Act, 1988 (as amended)

• Handling compensation claims for death, injury, or property damage

• Advocating on behalf of claimants and insurers in tribunal and appellate proceedings

• Supporting documentation, income proof, and coordination with police, insurers, and legal authorities

📚 Legal Framework & Claim Mechanism

🛠 MACT – Background

• Established under Section 165 of the Motor Vehicles Act, 1988; MACTs adjudicate claims arising from accidents leading to injury, death, or property loss, with minimal filing fees Bhatt & Joshi Associates+9indianlaw.jiinfo.in+9ushavatsassociates.in+9Lead India Law+1ushavatsassociates.in+1ushavatsassociates.in+1The Times of India+1WB Bar CouncilLegal Service India.

• Compensation applications fall under Section 166. Eligible claimants include: injured persons, legal heirs of deceased, or property owners Bhatt & Joshi Associates+4Legal Service India+4ushavatsassociates.in+4.

• Typically, claims must be filed within six months of the accident (Section 166(3)), although tribunals may condone delays up to 12 months in exceptional cases Supreme Today+1ushavatsassociates.in+1.

🧩 MACT Case Procedure

1. Filing – Submit claim petition in the relevant MACT (jurisdiction: accident location, claimant’s residence, or defendant’s residence) Reddit+14ushavatsassociates.in+14Lead India Law+14.

2. Provide detailed facts: accident description, FIR, medical reports, income, dependents, insurance policy, and other evidence.

3. Notice & Defence – Tribunal issues summons to the vehicle owner, driver, and insurer who file their response.

4. Issues framed—nature of negligence, liability, and compensation quantum.

5. Evidence Stage – Examination of claimant and respondent witnesses, medical reports, wage records (Income Tax Returns are now essential proof of income) Law WebWikipedia+7ushavatsassociates.in+7Lead India Law+7.

6. Judgment & Award – Determines liability and allocates compensation, with division among dependents as needed.

7. Disbursement – Insurers typically pay within a timeline; funds may be held in fixed deposit for minors or dependents Law Web+2ushavatsassociates.in+2Bhatt & Joshi Associates+2.

8. Appeal – Allowed under Section 173 MV Act to the High Court, within 90 days of the award.

⚠️ No-Fault Claims under Section 163A

• Provides compensation without proving negligence, based solely on vehicle involvement.

• Recent Karnataka High Court decision reaffirmed this: claimants awarded ₹5 lakh each despite no proven negligence The Times of India+12ushavatsassociates.in+12Legal Service India+12Reddit+10SMC Insurance+10The Times of India+10The Economic Times+2The Times of India+2The Times of India+2.

📰 Compensation & Real-World Examples

• Delhi MACT awarded ₹16.7 lakh to deceased’s family based on rash driving and applicable wage standards—50% to widow, and remaining shares to children and mother The Times of India.

• Thane MACT awarded ₹32.59 lakh after 11-year litigation; truck driver deemed predominantly negligent, with equitable sharing of responsibility and interest calculations The Times of India.

• Supreme Court of India reduced a ₹18 lakh lower award to ₹17 lakh for a wife’s accidental death—emphasizing correct multipliers and income documentation The Economic Times.

🏥 Government Schemes & Speedy Resolution

• Cashless Treatment Scheme 2025: Accident victims eligible for up to ₹1.5 lakh in free medical care under national schemes and Ayushman Bharat extensions The Economic Times+1The Times of India+1.

• Lok Adalats provide fast-track settlements: Haryana Lok Adalat in July 2025 resolved over 5 lakh cases (including accident claims); Nagpur awarded ₹2.43 crore across multiple matters The Times of India+1The Times of India+1.