The following persons can prefer claims for death or disability due to negligence of the driver of a vehicle: i. Pedestrians; ii. Fare paying passengers; iii. Non-fare paying passengers; iv. Persons travelling in other vehicles; v. Children
An allegation of negligence may be rebutted by the following defences: i. Volenti Non-fit injuria; ii. Inevitable accident; iii. Act of God; iv. Emergency
Where a person is injured without any negligence on his part but as a result of the combined effect of the negligence of two other persons, it is not a case of contributory negligence but a case of injury by composite negligence.
Principle of Apportionment for passenger vehicles: Where a passenger vehicle is found overloaded and the number of claimants exceeds the seating capacity of the vehicle as per R.C. Book, the insurers are required to pay to the extent of permitted seating capacity, by choosing the highest awarded amounts of claims, which is distributed amongst all the cases equally.
Option to move EC Commissioner or Motor Accident Claims Tribunal: As per Section 167 of MV Act, 1988 it is open to the workman to exercise an option to move MACT or go before the EC Commissioner.
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