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MACP CASES IN INDIA

BY  PRIYAM KANANI
13 March 2025 by
BY  PRIYAM KANANI
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JUDICIAL RESPONSE TO THE RISING MACP CASES IN INDIA 


In recent years, there has been a sharp rise in cases related to Motor Accident Claim Petitions (MACP) in  India. Victims of road accidents and their families are turning to the legal system to claim compensation for  injuries, financial losses, and fatalities caused by accidents. This increase in MACP cases has placed immense  pressure on courts and insurance companies, leading to delays in justice and disputes over the adequacy of  compensation. The growing vehicular population, coupled with negligent driving, has made road accidents a  daily occurrence, thereby further increasing the number of claim petitions before courts. 

MACP operates under the legal framework of the Motor Vehicles Act, 1988, which provides accident victims  with the right to seek compensation from either insurance companies or the responsible parties. However, due  to procedural complexities, a lack of awareness, and long-drawn litigation, many victims struggle to receive fair and timely compensation. Recognizing these challenges, Indian courts have consistently emphasized the  need for a more efficient and victim-friendly compensation process. 

One of the most influential cases in shaping MACP claims was Sarla Verma & Ors. Vs. Delhi Transport  Corporation (2009). In this judgment, the Supreme Court laid down a standardized formula for calculating  compensation, ensuring fairness and consistency in awarding claims. The ruling clarified critical factors such  as the calculation of loss of dependency, future earnings, and the appropriate multipliers to be used by courts.  This decision has served as a guiding principle for lower courts, helping them ensure just compensation for  accident victims and preventing arbitrary compensation awards. 

A major shift in the approach to MACP cases came with Rajesh & Ors. Vs. Rajbir Singh & Ors. (2013). In this  case, the Supreme Court took a progressive step by increasing the compensation for non-monetary damages,  such as loss of consortium, loss of love and affection, and funeral expenses. The Court acknowledged that the  loss suffered by the family of a deceased or injured victim is not merely financial but also emotional. This  ruling reinforced the idea that compensation should not be a mechanical calculation but should also take into  account the pain and suffering of the victims and their families. 

The judicial approach to MACP claims was further refined in National Insurance Co. Ltd. Vs. Pranay

Sethi (2017). This case introduced structured guidelines on how future earnings of a deceased person should  be calculated, depending on factors such as age and profession. By setting fixed percentages for future  prospects, the Supreme Court ensured greater uniformity in awarding compensation, preventing disparities  between different courts. Additionally, this case clarified the obligations of insurance companies, ensuring that  they do not escape liability due to minor procedural loopholes. 

Despite these judicial advancements, claimants continue to face hurdles in receiving timely compensation.  One of the biggest obstacles is the delay caused by insurance companies, which often cite procedural  deficiencies to stall payments. In United India Insurance Co. Ltd. Vs. Satinder Kaur (2020), the Supreme  Court strongly criticized insurance firms for intentionally delaying claim settlements and reiterated that the  compensation process should be handled with urgency and sensitivity. This case set an important precedent,  reinforcing that justice delayed is justice denied, especially in accident claims where families are already  struggling with financial hardships. 

Another major challenge is the backlog of pending MACP cases in motor accident tribunals, which prolongs  the suffering of victims. The courts have recognized this issue and have pushed for the adoption of modern  solutions. In Bajaj Allianz General Insurance Co. Ltd. Vs. Union of India (2022), the judiciary directed the  government to introduce online tracking systems for MACP cases to improve efficiency, reduce delays, and  bring more transparency to the claim process. This judgment emphasized the role of technology in ensuring  that accident victims do not have to wait years to receive their rightful compensation. 

Adding to these concerns, the judiciary has also made efforts to strengthen the rights of dependents in Magma  General Insurance Co. Ltd. Vs. Nanu Ram (2018). The Supreme Court reiterated that compensation should  also cover parental consortium, ensuring that children of deceased victims are adequately compensated for the  emotional loss. This ruling expanded the scope of MACP claims, making them more inclusive and just. 

One of the latest and most significant cases regarding MACP is Kerala State Road Transport Corporation Vs.  Joseph (2023), in which the Supreme Court emphasized that the compensation process should be simplified to  reduce unnecessary litigation. The court suggested that pre-litigation settlements and mediation should be encouraged to reduce the burden on courts and ensure swift justice for accident victims. 

Moreover, courts have increasingly recognized the importance of no-fault liability provisions under Section  140 of the Motor Vehicles Act. This ensures that victims receive immediate compensation without needing to  prove negligence. In Ningamma Vs. United India Insurance Co. Ltd. (2009), the Supreme Court upheld the  principle that accident victims should not suffer due to lengthy legal battles and should be granted interim  relief while awaiting final adjudication. 

In a recent MACP writ petition before the Supreme Court, the validity of the six-month limitation period for  filing compensation claims under Section 166(3) of the Motor Vehicles Act was challenged. The petition argued that accident victims should not be deprived of compensation due to procedural restrictions, especially  in cases where delays are beyond their control. Recognizing the significance of this issue, the Supreme Court  has taken the matter under review and has scheduled further hearings to consider amending the limitation  period. 

Additionally, in a landmark judgment dated December 18, 2024, the Supreme Court enhanced the  compensation of a minor girl who sustained permanent cognitive disabilities due to an accident, raising the  amount to INR 50.8 lakhs. The Court emphasized that compensation should be reflective of long-term care  and rehabilitation needs, particularly for victims with severe disabilities. 

Furthermore, in January 2025, the Supreme Court directed the Central Government to implement a financial  assistance scheme under Section 162 of the Motor Vehicles Act. This directive aims to provide accident  victims with immediate monetary relief during the critical 'golden hour,' ensuring that urgent medical  treatment is not delayed due to financial constraints. 

The increasing number of MACP cases in India highlights the urgent need for systemic reforms. While the  courts have made significant contributions in shaping a fairer compensation process, legislative and  administrative efforts must complement judicial rulings. The government, insurance companies, and legal  institutions must work together to simplify procedures, promote awareness among victims, and ensure timely  and adequate compensation for all claimants. Additionally, there is a need to enhance road safety measures, as  prevention is always better than compensation. Stricter traffic regulations, better road infrastructure, and  public awareness campaigns can help reduce accidents and, consequently, the number of MACP cases.

Ultimately, a well-functioning MACP system is not just a legal necessity but also a moral duty to support  accident victims and their families. By implementing court-mandated guidelines, utilizing technological  advancements, and ensuring responsible administration, India can move towards a more transparent, efficient,  and just MACP framework. Strengthening the compensation system will not only provide justice to victims  but also serve as a deterrent against reckless driving, thereby promoting road safety across the country. The  judiciary's proactive stance on MACP claims has paved the way for fairer compensation, but continuous  monitoring and policy changes are essential to ensure justice for all road accident victims.

BY  PRIYAM KANANI 13 March 2025
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