The petition filed by the Bar Association of the Mumbai Automobile Accident Claims Tribunal said the MV Act introduced ‘no-fault liability’ into Indian case law and the law ensured that compensation was paid by the insurance company to the victim.
An amendment bill was tabled in 2011 which proposed to limit the civil liability of the insurance company.
“Bills limiting the liability of insurance companies and imposing a limitation in the filing of claims by accident victims, as they were about to have a drastic effect on the families of accident victims the road” the petition filed through attorney Yatin Malvankar said.
The petitioner had made representations to the authorities concerned to raise their concerns about the bill.
While this bill lapsed, a similar bill was passed in 2019, which became law despite opposition to it.
The amended provisions of the 2019 law were put on hold for some time, which gave the petitioner the impression that his grievances were likely being addressed.
However, the entire law was fully implemented in April this year, the plea pointed out.
The applicant therefore approached the High Court, apprehending possible difficulties which could arise in the future for litigants.
