The petition filed by the Bar Association of the Motor Accident Claims Tribunal, Mumbai said that the MV Act had introduced ‘no-fault liability’ in Indian jurisprudence and the Act ensured that compensation is paid by insurance company to the victim.
An amendment bill was introduced in 2011 which proposed to limit third-party liability of the insurance company.
“The bills limiting liability of insurance companies and imposing limitation in filing the claims by the accident victims, as the same was about to bring a draconian effect over the families of road accident victims” the petition filed through advocate Yatin Malvankar stated.
The petitioner had given representations to concerned authorities flagging their concerns about the bill.
While this bill lapsed, a similar bill was passed in 2019 which became an Act despite opposition to the same.
The amended provisions of the 2019 Act were kept in abeyance for sometime, which gave an impression to the petitioner that their grievances were probably considered.
However, the entire act came to be implemented fully in April this year, the plea pointed out.
The petitioner, therefore, approached the High Court apprehending possible difficulties that could arise for litigants in future.
Source: Barandbench
