The Procedure Of Court Marriage In India

What is a court marriage?

Contrary to ordinary Indian marriages, there are consolidated marriages in accordance with/under the Special Marriage Act, 1954 (hereinafter 'Act'). Marriage can happen in the presence of the marriage officer and three witnesses, or it can be done in the court itself. In these marriages, detailed traditional or ceremonial steps of individual laws of the parties getting are not included. According to this act, only marriage in the presence of a marriage officer is sufficient for a valid marriage.

Who can marry through court marriage?

Any two people related to same religion or different religions (different gender) can get marry through the process of court marriage.

Exceptions and other Conditions for eligibility criteria

There are some exceptions to the eligibility criteria for court marriage. Though marriage is forbidden marriages between prohibited degrees of relationship if your customs recognize the marriage between the prohibited degrees of relationship. Even if there is a custom of marriage recognized by only 1 party for marriage to get married in a prohibited degree, this exception will also be applicable.

If marriage is to be done in the state of Jammu and Kashmir, then it is mandatory that both parties of marriage should be Indian citizens. This means that foreign nationals cannot get married in the state of Jammu and Kashmir.

For marrying under Special Marriage Act, 1954 a foreign national should be living in India by at least 30 days and must have residence proof. If they do not have Indian residency proof, they can get it from the local police station in whose jurisdiction they are living. Apart from this, "no objection certificate" is also necessary from the Embassy of the foreign national country in India. Foreign nationals have a valid passport and visa to marry in India.

What are the conditions relating to solemnization of court marriages?

Chapter II, Section 4 of the Act provides the following conditions for the legalization of the court marriage:

• No pre-existing marriage - Parties should not be spouses.

• Valid Consensus - Parties should not be incapable to give valid consent due to the unsoundness of mind.

• Age- Male has completed 21 years of age and 18 years old for a woman.

• Forbidden degree of relations- Parties should not be within the degree of prohibited relationships. Provided that at least one of the parties is allowed to get married among them, in spite of the prohibited relationships, such a marriage can be solemnized.

Note: The degree of prohibited relationship mentioned in Part I and II of the first schedule has been mentioned.

The following are the procedures for a court marriage

The process of court marriage, covered under Chapter II entitled "solemnization of Special Marriages", can be divided into the following broad steps:

Step 1 - Notice of the desired marriage

Step 2 - Publications

Step 3 - objection to marriage

Step 4 - Manifesto by Parties and Witnesses

Step 5 - Location and appearance of the origin

Step 6 - Certificate of marriage

The steps are detailed below with the documents to be presented during each phase. For convenience, the prescribed documents are in the context of Delhi.

Step 1 - Notice of the desired marriage

In the first phase of the court marriage process, the marriage officer will have to give a notice under section 5 of the Act. It is mandatory that the parties to the marriage will give notice to the parties in written form in the prescribed format in the prescribed marriage and the marriage officer in the second schedule. The marriage officer should have jurisdiction in the district, where at least one party resides at least 30 days before giving notice.

Necessary documents

1. Application form (notice in specified form) duly filled and signed by the bride and groom.

2. Receipt paid in respect to the application in the District Court.

3. Documentary evidence of the date of birth of both parties (Matric Certificate / Passport / Birth Certificate)

4. Documentary evidence (Ration Card or Report from the respective Station House Officer) in relation to one of the parties staying in Delhi for more than 30 days.

5. Provide separate affidavits from the bride and groom:

•Date of birth

• Current Marital Status: Unmarried / Widowed / Divorced

• Confirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.

1. Passport size photographs of both sides (each 2 copies) duly certified by gazetted officer.

2. In the case of widow/widow divorce certificate and divorce certificate of divorce/order of divorce

The format of the notice is as follows:

NOTICE OF INTENDED MARRIAGE

To

Marriage Officer for the ……………………………………………………………….District.

We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.

Name	Condition	Occupation	Age	Dwelling place	Permanent place dwelling if present dwelling place not permanent	Length of residence
A.B. (the Groom)	Unmarried
Widower
Divorcee
C.D. (the Bride)	Unmarried
Widow
Divorcee

Witness our hands this ………………………………day of…………………………………….20……

(Sd.) A.B.,

(the Bridegroom)

(Sd.) C.D.,

(the Bride)

Step 2 – Publication

The marriage officer will publish the notice by adding it to a specific place in his office. The marriage officer will maintain all the true copies of the notice in the marriage notice book.

If the parties do not remain permanently in the area within the jurisdiction of the marriage officer, then the officer will send a copy of the notice to the marriage officer of the place where the parties live permanently so that the copy of the notice may be attached to his office for a specific place

Step 3 – Objection to marriage

Under section 7, any person can object to the marriage officer against the marriage, that the marriage will violate the terms specified in Section 4 of this Act. The objection should be raised within 30 days of the publication of the notice by the marriage officer. The marriage notice book has to be registered by the marriage officer to the nature of the objection.

Upon receipt of the objection, under Section 8, the marriage officer will interrogate within 30 days and solemnize it if the objection does not interfere with the solemnization of marriage. If the objection is standing then the marriage officer will not make the marriage solemnize; Appeal can be made by the parties to the District Court.

Who can raise the objection?

 Any person can take objection to the marriage based on the grounds listed in Section 4 of the Act. If there is no relation to objections with any of the above-mentioned factors, then there will be no consequence of objection. However, in most cases, the marriage officer will need to check the objection.

To whom objection is raised?

To the marriage officer of the concerned district.

What are the grounds of objection?

Anyone of the conditions stated above and specified in Chapter II, Section 4 of the act.

What are the consequences if objection(s) are accepted?

The marriage officer must, within 30 days from the date of objection, make inquiries and if the objections are found to be true, the marriage cannot be solemnized.

What is the remedy in case objection(s) have been accepted?

An appeal can be filed by either party.

To whom is the appeal filed?

The district court within the local limits under the jurisdiction of the marriage officer.

When can an appeal be filed?

Any time within 30 days from the date of the refusal to solemnize the marriage.

Step 4 – Declaration by the parties and witnesses

Prior to the solemnization of the marriage, the parties getting married and the three witnesses have to sign the declaration in the form specified in the third schedule in the presence of the marriage officer and that is to be countersigned by the marriage officer.

Who has to sign the declaration?

Both parties and three witnesses (in the presence of the marriage officer). It will also be countersigned by the marriage officer.

What is the content and format of declaration?

It is as provided in Schedule III of the act.

Documents Required

·         One passport size photograph of each of the three witnesses.

·         Any document for identification of the witnesses by the Marriage Officer (Driving License, PAN Card etc.)

The format of the declaration form is as follows:

DECLARATION TO BE MADE BY THE BRIDEGROOM

I, A.B., hereby declare as follows: ―

I am at the present time unmarried (or a widower or a divorcee, as the case may be).

I have completed ….. years of age.

I am not related to C.D. (the bride) within the degrees of prohibited relationship.

I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(Sd.) A.B. (the Bridegroom).

DECLARATION TO BE MADE BY THE BRIDE

I, C.D., hereby declare as follows: ―

I am at the present time unmarried (or a widow or a divorcee, as the case may be).

I have completed …. years of age.

I am not related to A.B. (the Bridegroom) within the degrees of prohibited relationship.

I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(Sd.) C.D. (the Bride)

Signed in our presence by the above-named A.B. and C.D. So far as we are aware there is no lawful impediment to the marriage.

(Sd.) G.H.

(Sd.) I.J.

(Sd.) K.L.

(three Witnesses)

Countersigned E.F.,

Marriage Officer

 Dated the   __day of      20__

Step 5 – Place and form of Solemnization

Under Section 12, the court marriage can take place in the office of the marriage officer or at such other place within a reasonable distance.

Marriage will be binding only when in the presence of a marriage officer, in each language and the three witnesses, in any language understood by the birds, to the other party, "I, (A), take you (B), become my valid wife (Or husband) ". Parties can choose to make solemnize their marriage in any form.

Step 6 – Certificate of Marriage

The marriage officer enters the certificate in the marriage certificate book in the form specified in Schedule IV of the Act. If both sides and three witnesses have been signed, such a certificate is conclusive proof of court marriage.

The certificate of marriage is as follows:

CERTIFICATE OF MARRIAGE

I, E.F., hereby certify that on the………………………………………………………………….day of

………………………………………………20………….., A.B. and C.D appeared before me and

that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by section 11 and that a marriage under this Act was solemnized between them in my presence.

(Sd.) E.F.,

Marriage Officer for

(Sd.) A.B.,

Bridegroom

(Sd.) C.D.,

Bride.

(Sd.) G.H.

(Sd.) I.J.

(Sd.) K.L.

Three Witnesses

    Dated the                                          __ day of                                                             20__

What are the complexities one faces in a court marriage?

The process of court marriage is relatively simple compared to normal marriages, including traditional rituals, detailed religious steps and months of planning. Some of the complications faced in court marriage are as follows:

• The date depends on the marriage officer that the court allocates the date for the presence and severity of the marriage. In the case of an emergency, the marriage cannot be made before the allotted date (30 days after the notice is published when no objection is raised by anybody).

• A well-established objection can stop the marriage for a longer period and the decision depends on the determination of the marriage officer. If the marriage officer retains the objection, the parties will have to appeal to the District Court for this.

• The entire process should be done manually in most places by visiting the Marriage Officer's office because working online portal is not present everywhere.

• To be eligible to give notice to the marriage officer of that area or district, stay in a place for at least 30 days. So generally, one can only apply for marriage where he lives and there is no destination in which he had planned to get married.

• The required documents, the fees to be paid and the person appointed as the marriage officer is different from the place. This is usually done according to the rules made by the respective states.

• If the marriage is not made within 3 months from the date of the notice, the notice is terminated and a new information should be given to the marriage officer.

• When dealing with court marriages, one has to face legal complications, that if there is a Hindu, Buddhist, Sikh or Jain on one side and belong to a Hindu undivided family, then their segregation family as a result of such a marriage will have to be done. The inheritance race will be governed by the Disability Removal Act, 1850.

How much the process of court marriage costs overall?

The process of court marriage cost also varies from state to state and one has to individually look into the fees of the respective place where the marriage is to be solemnized.

How long the entire process of court marriage takes to be completed?

 The entire process, starting with giving notice, takes up to 60 days. Provided that no objection occurs within 30 days from the date of publication of the notice.

If any objection arises, the maximum inquiry period for marriage officer is 30 days. After retaining the objection of the marriage officer, the marriage officer can be appealed in the District Court within 30 days from the date of the decision.

Is the marriage process uniform for every religion?

Yes, the process of court marriage is equal and equal to every religion. This act is a secular work, so all religions are given equal treatment by the act.

Advantages of court marriage

The court marriage has the following advantages:

• It is a less expensive and simple process.

• The parties of marriage get the option of marrying in any way. As if they choose, two Hindus can solemnize their marriage through a Christian style marriage.

• Marriage couple will not have to apply again to the marriage officer for registration of marriage. This court is part of the marriage process.

• The marriage certificate received at the conclusion of court marriage is a conclusive proof of marriage between the parties and there is no need to prove otherwise by evidence.

Court marriage for boys and girls is related to one or the other religion:

Visit the respective "marriage officers" in the area where the bride or groom or both live. For this purpose, SDM / ADM / Deputy Commissioners have been authorized as Marriage Officer. Get the form. You should prepare these things for an intended marriage:

1. Duly filled and signed application by the bride and groom.

2. In order to apply for marriage, a nominal fee is to be deposited with the district cashier and should be attached with the receipt form.

3. Documentary evidence of the date of birth of both parties (Matric Certificate / Passport / Birth Certificate)

4. Documentary evidence regarding staying in the area of any of the parties for more than 30 days (Report from Ration Card, Voter I Card, Passport or related SHO).

5. Provide separate affidavits from the bride and groom:

·         Date of birth.

·         Current Marital Status: Unmarried / Widowed / Divorced

·         Confirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.

6. Passport size photographs of both sides (each of 2 copies) duly certified by gazetted officer

7. In case of widow/widow, in case of divorced and spouse's death certificate, a copy of divorce order/order

For the solemnization of the marriage, the presence of both sides is required after submission of documents of issuing information of the intended marriage. A copy of the notice is posted on the office notice board by the marriage officer. Within 30 days of issuing a notice, any person can file an objection on intended marriage. In such a case, the marriage officer will not solemnize the marriage unless he has decided the objection, within 30 days of his receipt. If the marriage officer refuses to solemnize the marriage, then any party can file an appeal within the district court within 30 days. If there is no objection, then the marriage officer ca solemnize the marriage after 30 days of notice. Both parties need to be present along with 3 witnesses on the date of the solemnization of the marriage. It is recommended to deposit the names of witnesses at least one day before.

What are the Complications Involved in the Court Marriage?

One thing about court marriage is that the court process starts by filling the online application for the court marriage till the registration of the court marriage because the court process is relatively simple compared to traditional marriage.

Regardless of the simple and easy way to marry your loved one, there are some complications in court marriage that often raise questions - how to get court marriage in your mind. Some of the complications involved in the court marriage process are as follows:

• Dates for court marriages are dependent on the marriage registrar, he will allocate for appointment to come personally for the solemnization of the marriage of the parties

• If there is an emergency for the early date, but an early date cannot be allotted because the notice cannot be given on the date 30 days before the date of publication, if no objection is raised.

• If any objection is raised then the marriage process may be delayed until the marriage officer's decision is pending with regard to the objection raised for marriage.

Although the procedure for applying for court marriage has been made online,  for the solemnization of the marriage, the parties are to be present in front of the marriage registrar and the online portal does not work in every part of the country.

• The marriage should be reported to the office of the Registrar, in whose jurisdiction the marriage parties are staying for at least 30 days so that you cannot go anywhere else for marriage.

• The required documents, the fees to be paid and the person appointed as the marriage officer is different from the place. This is usually done according to the rules made by the respective states.

• If the marriage is not solemnized within 3 months of the notice of intended marriage, then a new notice should be given to the marriage officer to solemnize the court marriage.

Procedure for a Motor Accident Claim

INTRODUCTION

In today's world, we can see the existence of various types of claims such as marital claims, personal claims, health claims, equity claims, insurance claims etc. In all these claims we have an accidental claim that has grown with the development in the present time.

Before going ahead, we should first understand the meaning of the accident. Accident means that some unknown work, an act that happens through chance and without any premeditation.

Claim means the relationship/liability claim, declaration, statement etc.

Accidental claims mean that the right in relation to the accident due to the negligence of others. The functioning of negligence has gone wrong.

In English law, the legal representative of any person or deceased person who ends due to another's negligent work, besides committing criminal proceedings, can recover losses under the law of Torts. Responsible negligence involves ignoring the use of general care or skills, for which the defendant is owing due to general care and skill, by which the plaintiff ignores the injury of a person or property. Thus, negligence raises an action with the loss of the other party.

HISTORY

There was no right to claim the loss in case of death under the common law. In the case of personal injury, the right to claim injury was always recognized. In order to give effective rights to the person injured or expelled in an accident, the Fatal Accident Act was enacted in 1885 India. This Act gave only one process and the right to designated legal heirs to claim compensation from the negligent person. This act has worked for a comfortable long period in India. Due to the increase in the automation and the consequential loss of life and property in the accident, it was believed that an effective law should be brought to relieve the victims of the accident claims. For its convenience, provisions for compulsory third-party insurance have been made and by making amendments in Act No. 11 of the Motor Vehicles Act, 1956, to resolve the decision of the claim in the Motor Vehicles Act, through which the construction of the motor in the context of third-party insurance and Section 110 (A) to 110 (f) in the context, the procedure for the decision of the accident claim tribunal and claim has been provided from Section 93 to 109. Initially, liability was limited to a particular amount, but after 1982 the liability of the insurance company has been unlimited and even the protection of insurance companies has been banned so that the payment to the third party is ensured.

Apart from Section 9 (A) to 92 (E) in the year 1982, a new concept has been introduced to provide interim compensation on 'No fault' basis. With the same amendment, relief has also been given to those who are eliminated by the hit and run accidents, where abusive vehicles are not identified.

THE MOTOR VEHICLES ACT, 1988

A new motor vehicle act has been introduced in 1988 and interim awards have been provided in chapter 10 of the new Motor Vehicle Act. Chapter 11 provides for the insurance of motor vehicle against the risk of third parties and provides for Chapter 12 Claim Tribunal and the Constitution of the Claims and related matters. This law is still in the era of serious changes. The Supreme Court has said many times that it is a welfare law and to help the victims, the provision of the law should be interpreted. In this process, the Supreme Court has passed various decisions in recent times, which has limited the legality of the insurance company's legal defense as the law relating to the burden of proof has been completely changed. Limit for holding a limited driving license, the use of the vehicle for rent and reward, the use of transport vehicle for the purpose permitted by the permit so strictly does not need to prove that insurers are not taking advantage of these protections.

WHO CAN BE CLAIMANTS?

 In cases of injury, it is injured and in cases of death, the legal heirs of the deceased are the claimants.

ASSESSMENT OF COMPENSATION

The value of life cannot be calculated. Similarly, no human can be kept in any kind of monetary value of his body or any other person. Courts can only compensate due to economic and monetary losses and there may be other expenses, but no court can try to compensate for the loss of life or organ. Mainly economic loss assessment should be done. The nominal loss is awarded to the funeral expenses and on the loss of the consortium. Long life expectancy is linked to earning potential. Whenever a tribunal or court in its nature needs to recover the amount of compensation in cases of accidents, it contains some of the estimated work, some hypothetical thoughts, some amount of sympathy related to the nature of inefficiency.

Steps were taken for imposing fines in death cases:

With the recent decision of Supreme Court vs. Sarla Verma, the work of the Tribunal has been made somewhat easier, in which the following factors should be considered by the Tribunal during the compensation.

Phase 1.

The income of the deceased should be detected every year. The deduction from outside income should be done in relation to the amount that the deceased had to spend through the personal expenditure of life. The rest of the family, which are considered contributing to dependent families, become multiples.

Phase 2

Regarding the age of dead and active careers, the qualitative method should be selected

Injury case

The body is deprived of the injury, resulting in the loss, the claimant has the right to claim the loss. The nature of gravity and inefficiency or damage due to injuries can vary.

Loss can be pecuniary as well as non-economic. But all of them have to be converted into rupees and paisa. The court has to make an equitable attempt to award the loss so that damage to the claimant can be compensated. It is desirable that as far as possible comparable injuries should be compensated by comparable awards.

HOW TO ASSESS DAMAGES

The assessment of the loss should be done under two heads, such as; Pecuniary losses and Non-pecuniary losses.

Pecuniary losses can include expenditure incurred by the claimant:

1. Medical treatment, attendance, transportation, special diet, etc.;

2. The actual loss of earning profit till the date of trial; Future loss of earnings

Non- pecuniary losses include:

1. Damage, pain, and suffering for mental and physical shock are likely to be suffering or suffering in the future;

2. Damage to compensate for the loss of the facilities of life, in which various cases can be included, i.e., due to injury, the claimant may not be able to walk, run or sit.

What's covered under third party motor insurance

A comprehensive motor insurance policy generally consists of two bundled insurance cover- third-party insurance and loss of self-are covered. Some come in addition to the underlying personal accident cover. As the name implies, 'Own Losses' and 'Personal Accident' insurance components want to cover your losses, which means damage to your car or personal injury, disability, and death, respectively.

While the above are two optional covers, according to the Motor Vehicles Act, third party insurance is mandatory for all vehicle owners. Your third-party insurance does not cover you and your motor vehicle. This involves your legal liability for the loss of any third party - while using your vehicle - physical injury, death, and damage to third party property.The beneficiary of third party insurance is the third party injured. The insured or the policyholder is the only beneficiary of the nominal policy.The first party in a third-party insurance policy is insured and the other party is the insurance company. Here the third party is the third person. Under your third-party insurance, a third party may file a claim for compensation for injury, death, property damage due to your car. The third part will be filed against you and your insurer for claiming compensation. Although there is no limit on the liability covered for injury or death, the cover for third party property (usually a third-party car) has been kept at 7.5 lakh rupees. Says Sanjay Dutta, chief underwriting and claims of ICICI Lombard General Insurance, "If the loss exceeds the upper limit, then the balance should be paid by the policyholder."

If you hit the third party with another car, then you can claim a loss from another person. In case of death, the dependents of the deceased can claim compensation based on the lost income. Due to death treatment, medical expenses can also be claimed for treatment. For the loss of property, the surveyor's report, the authorized garage, and automotive inspection report is required to measure the loss of the original bills. If you succeed in your claim of compensation, you will be paid by the insurer of another person under your third-party insurance (up to the limit in the policy).

Premium rates for third-party insurance are decided by IRDAI and are the same for all insurance companies. However, the amount to be paid as a third-party premium may vary according to your car's engine capacity. For example, while a small Hyundai i10 owner has to pay 1,500 rupees for Toyota Altius, the annual third-party insurance premium is Rs. 5,000. This fixed third-party insurance rate is reviewed by the annual authority and adjustment usually increases.

Complex claim process

Claiming a third-party motor is not easy. The complex course starts with registering an FIR with the police and receiving the charge sheet, as we all know that there is a big task in itself. After this, someone has to contact the Motor Claims Attorney who registers a case in the Motor Accident Claims Tribunal in a special court. Civil courts cannot decide on road accident compensation claims. The matter should be filed with the jurisdiction in the area in the Tribunal where the accident occurred or with the jurisdiction over the area where the claimant or the defendant lives with the tribunal. The court then listens to both sides, examines evidence, and solves the liability. If the decision is in your favor, you get compensation for your loss.

However, according to this three-step process scenario, the rules and insurance coverage are not different according to both parties. It makes reality more complicated on the ground than appearing on paper.Here are the combination of different situations and situations where A's car accident has been damaged by the car of B and in every case legal solution (damage).

When A has only basic third-party insurance

Those who do not have a comprehensive motor cover, themselves can claim compensation under the third-party insurance of another person i.e. in this case B. Your insurer will neither compensate you nor will you help in filing a complaint in the form of insurance. Your agreement with your insurer is completely for your liability for the loss of any third party. However, in this case, your own car has been damaged, which is not covered by your third-party contract. Here you are the third party and you can claim compensation under third party insurance of only B. Therefore unless you have no harm, the only way to get compensation is to track the other vehicle and file a complaint against the other party. Here the heavy work is establishing the fault of the other party in the court.

The victim has to establish negligence and only then is the case against the offender (B) and his insurance company. Therefore, you cannot take any money unless the court decides in your favor. Apart from this, it is not necessary that a favorable decision will mean that you get the full amount for which you filed. The second party and its insurer will only pay you the amount given by the court. Also, if you get less than what you claim, you cannot claim your indemnity under your 'insurance' policy from your insurer because the law did not claim more than one claim for the same loss can go. The above procedure will be same whether B has comprehensive motor insurance or third party insurance.

HOW TO FILE CLAIM APPLICATION                                                                           

Claims application can be filed under Section 163 A for claims to be determined on the basis of the structural formula provided in Schedule II. Schedule II has been suffering from serious mistakes and the Supreme Court has said that total dependence on this schedule cannot be kept. The injured or legal representative of the deceased can claim the claimant as the owner in the prescribed format to the driver, owner, and insurer. In some states, the driver is not an essential party. No limit has been set for filing claim application. Initially, when the law was enacted, the limit was 6 months, which was extended for one year later and finally the provision of the boundary in the welfare law text has been removed.

Applications for compensation arising from the accident of under section 166 of the Motor Vehicles Act, 1988 can be applied: -

·         The person who has kept the injury, or

·         By the property owner, or

·         where a legal representative of the deceased / or, the accident has died

 By any agent duly authorized by the injured person

Where legal representatives of the deceased have not been included in any such application for compensation, the application will be made for the benefit of all the legal representatives of the deceased, and the legal representatives who have not been so involved, the respondents to the application. Every application will be made at the option of the claimant for compensation arising out of compensation caused by death or physical injury, either the jurisdiction of the claims tribunal in which the accident occurred or the claims within the local boundaries were given to the Tribunal whose jurisdiction resides in the defendant's hand, in such a way as to determine such details.

The application for compensation should be done within six months of the occurrence of the accident. The Claim Tribunal, however, can entertain the application after the expiry of the six-month period, but not more than twelve months, if it is satisfied that application was stopped due to the adequate reason of application from time to time.

Sec 158 (6) introduced by the Act states that as soon as any information is recorded about any accident related to death or physical injury to any person or the report is completed by the police officer, the police station.  Where a copy is made available to the owner, the owner will also be within thirty days of receiving such report, for the claims to be forwarded to the Tribunal and its insurer.

Third Party Claim

In the case of a third party, where your vehicle is included, it is important to ensure that the police and the insurance company are immediately informed of the accident.On the other hand, if you are suffering, that is, if someone else's vehicle was involved, then you have to get the insurance details of that vehicle and inform the insurer of that vehicle.

Own Damage Claim

In the event of your loss claim, i.e., where your vehicle has been damaged due to the accident, to be able to employ the surveyor to assess the loss, wherever necessary, the insurer and the police immediately be intimated. Do not try to transfer the vehicle from the accident site without police permission and the insurance company. Once you get permission to remove and repair the vehicle, you can so. If your policy provides cashless service, which means that you do not have to pay your pocket for the loss of coverage, then the insurance company will pay the workshop directly. In any of these situations, you should immediately tell the insurance company.

Theft Claim

If your vehicle has been stolen, you must immediately inform the police and the insurance company. Apart from this, you must also inform the Transport Department. As soon as you receive the policy document, read about the procedures and documentation requirements for claims rather than waiting for the claim. If you have to claim, make sure that you collect all the necessary documents and submit them to the insurance company with the necessary claim form filled out. There may be some specific documentation requirements for specific types of claims. For example, in relation to a theft claim, there is a special requirement that you should surrender the vehicle key to the insurance company.

LEGAL DEFENCE AVAILABLE TO THE INSURANCE COMPANIES TOWARDS the THIRD PARTY:

The insurance company cannot escape liability except on grounds provided in Section 149 (2). In the recent times, while dealing with the provisions of the Motor Vehicles Act, the Supreme Court has admitted that despite the confirmation and proven defense by the insurance company, they are still not deprived of liability for payment to third parties but such amount can be taken from the owner insured. After one, the courts have admitted that the burden of proof is on the insurance company and the insurance company has not only lead evidence as to breach of condition of policy or violation of provisions of Section 149 (2) It is rather to prove that such a thing happens with the empathy or knowledge of the boss. If knowledge or sympathy is not proven, then the insurance company will be liable even if the defense company is available.

 PROPOSED AMENDMENTS IN MOTOR VEHICLES ACT BY CENTRE

Soon, those who violate the traffic rules will suffer a heavy penalty - now for those crimes which are 10 times more than what they pay - faster and addictive driving. The Center has proposed the Motor Vehicles Amendment Bill, which regulates road transport in the country. The Motor Vehicles Act was revised in 2001. The bill prepared by the Ministry of Road Transport has made penalties for traffic crimes more rigid.

For example, rash driving is now likely to attract civil liability of Rs 5000 besides punishment under the Indian Penal Code. Drunk driving will attract a penalty of 5,000 rupees and the jail sentence of two years.

For the first time, a concept of classified fines for drunk driving is likely to be presented. This means that the penalty will be directly proportional to the amount of alcohol above the prescribed limit of 30 mg per 100 ml blood in the body.

• For the first time, the red light will cost the culprit 500 rupees. The penalty will be 1000 rupees for the second time and if it is repeated again it will go up to Rs 1500.

• A crime like driving drugs can keep criminals behind bars with at least Rs. 5000 for at least two years.

• The penalty for crossing the speed limit will be between Rs 1000 and Rs 1500.

CONCLUSION

The law of accident claims is increasing rapidly and there is a need for amendments in accordance with the requirement of the object, but at the same time the interests of those who are delivering compensation, i.e. insurance companies Implementation of liability for payment should not be approved by law, without giving them the right to compete. Currently, about 10 to 15% of the claims submitted to the Tribunal due to the increasing scale of claims and other cases are fake or other accidents have been converted into road accidents with police officers. It is necessary that while increasing the burden on insurance companies, they should have the right to make choices to reduce fraudulent cases.