·The Hindu·15 marks·250–350 words

Critically evaluate the Motor Accidents Claims Tribunal system as a mechanism of access to justice.

In this answer
  1. Strengths as an access-to-justice mechanism
  2. Limitations

India recorded 1,77,175 road deaths and 4,87,707 crashes in 2024 [5]. For dependants left behind, justice means compensation. Motor Accidents Claims Tribunals (MACTs), constituted by State governments under Section 165, Motor Vehicles Act, 1988 [1], are a substantial but incomplete answer.

Strengths as an access-to-justice mechanism

  • Specialised statutory forum: a claim lies by simple application under S.166, replacing a costly, evidence-heavy civil suit [1].
  • No-fault liability (S.164): a fixed sum — Rs 5 lakh for death, Rs 2.5 lakh for grievous hurt — without proving negligence, lowering the evidentiary wall for poor claimants [1].
  • Assured payer: compulsory third-party insurance backs the award, and the 2019 amendment removed the earlier ceiling on insurer liability [2].
  • Victims with no defendant covered: hit-and-run compensation raised to Rs 2 lakh (death) and Rs 50,000 (grievous hurt), payable from the Motor Vehicle Accident Fund (S.164B) [1][2].
  • Individualised awards: only the fault-based route sizes relief to actual loss of dependency [1].

Limitations

  • Delay defeats the remedy: awards arrive months or years later, while the golden hour — one hour after injury — decides survival [2].
  • Speed bought by surrender: the one-month payment under S.164 requires the family to accept the fixed sum, closing off a larger fault-based award; those with the least staying power take the smallest amount [1][2].
  • Institutional overlap: PRS flagged that with the Solatium Fund already existing, the new Accident Fund's purpose for hit-and-run cases is unclear, as is whether a victim may claim from either or both; a funding cess could make owners pay twice [3].
  • No deterrence: the insurer pays, not the negligent owner, so over-speeding, poor road upkeep and weak driver training remain untouched — crashes still cost about 3.14% of GDP [5].

MACTs succeed in making compensation claimable, but not in making it timely or preventive. PM-RAHAT — Rs 1.5 lakh cashless treatment reimbursed to hospitals from the Accident Fund [4] — shows the right direction: shifting the State's payment upstream to the moment it saves life, so that compensation completes rather than substitutes for road-safety governance.

Sources

  1. 1The Motor Vehicles Act, 1988 (as on 21 May 2025), India CodeS.164 no-fault amounts, S.164B Fund, S.165 MACT constitution, S.166 application
  2. 2The Motor Vehicles (Amendment) Bill, 2019, PRS Legislative Researchhit-and-run amounts, golden hour, Motor Vehicle Accident Fund, insurer liability
  3. 3PRS Legislative Brief: The Motor Vehicles (Amendment) Bill, 2016Solatium Fund overlap, double-payment concern
  4. 4Government Launches "PM RAHAT" – Cashless Treatment of Road Accident Victims, PIBRs 1.5 lakh cashless treatment paid from the Accident Fund
  5. 5Road Accidents in India, Ministry of Road Transport and Highways2024 crash and fatality data, causes, economic cost

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