APPENDIX I FORMAT OF APPLICATION FOR COMPENSATION IN MOTOR ACCIDENT

Transcription

1 387 APPENDIX I FORMAT OF APPLICATION FOR COMPENSATION IN MOTOR ACCIDENT In the Court of the Motor Accident Claims Tribunal.(Name of Place) Claim Petition No. Petitioner VERSUS Respondent Application under the Section 166 & 140 of the Motor Vehicle Act 1988 for grant of Compensation 1. Name & Father s Name of the person injured/dead (Husband s Name in case of married women & widow) :

2 Full address of the person injured/dead : 3. Age of the person injured/dead. : 4. Occupation of the person injured/dead : 5. Name & address of the employer of the injured / dead. : 6. Monthly income of the person injured/ dead. : 7. Does the person in respect of whom compensation is claimed pay income tax? If so state the amount of the income tax (to be supported by document) : 8. Place, date and time of accident : 9. Name & Address of Police Station in whose jurisdiction the accident took place & FIR was registered. : 10. Was the person in respect of whom compensation is claimed traveling by the vehicle involved in the accident? If so, give the name & place of starting the journey and destination. :

3 Nature of the injuries sustained. : 12. Name & Address of the Medical Officer/Practitioner, if any who attended to the injuries. : 13. Period of treatment and expenditure. : 14. Registration No. & Type of vehicle involved in accident. : 15. Name & address of the owner of offending vehicle. : 16. Name & address of the driver of offending vehicle. : 17. Name & address of the insurer of the vehicle. : 18. Has any claim been lodged with the owner/insurer, if so, with what result. : 19. Name & address of the applicant. : 20. Relationship with the deceased / injured. :

4 Title of the property of the deceased/ injured. : 22. Amount of compensation claimed. : 23. Any other information that may be necessary and helpful in the disposal of the case. : 24. Prayer : Petitioner Verification: Verified at Delhi on this the day of 200 that the contents of the above application are true and correct to my knowledge and belief. Petitioner

5 391 APPENDIX - II GLOSSARY This glossary section is a compendium of imperative road safety/driving related terms to enhance a better understanding and to implicate a healthier sense of safety among road users. The terms accumulated here are constructed with the sole aim of providing information and safety. "A" Accelerate Accident Aggressive Driving Airbags Armrest Automobile To increase the speed of the vehicle. An "accident" can be defined as a collision of automobile with anything (including human, vehicle or animal) causing damage to anyone. "Aggressive Driving" is the act of driving the vehicle in a way to increase the risk of accident. "Airbags" are safety devices bed in vehicles to reduce the injuries risk in a certain collisions. "Armrest" is a feature in the car interiors used to rest arms. "Automobile" is a vehicle run by an engine. "B" Blind Spot Brake Bumpers "Blind Spot" is an area around a commercial vehicle, that are not visible to the driver, either through the windshield, side windows or mirrors. "Bumpers" are safety devices installed to allow the vehicle to withstand the impact from collision. "Brake" is a device used to control the motion of the

6 392 Bus Lane vehicle. "Bus Lane" is a lane restricted to buses only. "C" Carpooling Car Safety Car Wash Child Safety Lock Crash Tests Crossroads Crosswalk Cyclist "Carpooling" or "Car Sharing" is practice of sharing a common car by the commuters, who each have a car but, commute together to save costs. "Car Safety" is practice to avoid car accidents. "Car Wash" is the act to clean the car exteriors. A "child safety lock" is a safety device installed in cars. "Crash Tests" are test performed to ensure the safety design standards for vehicles. The resultants of these crash tests form the basis for the further development of the safety process. "Crossroads" is a road junction where two or more roads meet or cross. "Crosswalk" is special points on road made to facilitate the pedestrians. A "Cyclist" is a person engaged in cycling. "D" Defensive Driving Driver's Education Driver's License Drunken Driving "Defensive Driving" or "Advanced Driving" aims to reduce the risk of driving by anticipating dangerous situations despite the mistakes of others. "Driver's Education is the program offered by independent agencies where students are taught about driving and road safety. "Driver's License" is an official document which affirms that the person holding the license is a qualified individual to drive. "Drunken Driving" is the practice of driving after consuming alcohol or drugs, exceeding the permissible

7 393 levels. "E" Engine "Engine" is the component of the car machinery which propels and drives the car. "F" Fog Lights Footpath "Fog Lights" are two special lights designed for cutting through foggy conditions along the road ahead. "Footpath" is a path meant for pedestrians, situated along the road. "H" Headlights Head Rest "Headlight" is a light, attached to the front of the vehicle. It is used to light the road ahead of a vehicle during the poor visibility time periods including night time and bad weather. "Head Rest" is a safety device mounted on the top of the seat. It is used to give rest to head while driving. Helmet Highway Hump "Helmet" is a safety device worn by the drivers while driving to protect from head injuries in case of an accident. "Highway" is a common term used to designate major roads connecting two states or two countries. "Hump" is a hill like protrusion coming out of road surface. "I"

8 394 Ice Srapper Idle Speed An "Ice Scrapper" is an hand held tool for removing ice on automobiles. Minimum speed when the engine is at neutral gear. Intersection "Intersection" is a point of junction of two or more roads, at a crossing. "J" Jams Jaywalking J-Gate "Jam" is known as a time period when roads are loaded with traffic congestion. "Jaywalking" is the act of illegal walking on road performed by a pedestrian. A metal plate with a J-shaped whole, used in gear shifting. "K" Kerb A "Kerb" is the border of the road where the two roads meet. "L" Lane Learner's License A "Lane" is a portion of the road anticipated for single line of vehicles. A "Learner's License" is an official document that confirms that the person holding the license is learning to drive. "M"

9 395 M.V Act "Motor Vehicle Act" is an act for vehicles in India. It was formulated in 1988 and sice then has been amended three times. (1994, 2000, 2001). "N" Neckdown "Neckdown" are the curb extensions at the corner of the intersections to slow motor vehicles and give pedestrians a shorter distance to cross. "O" Overtaking "Overtaking" is the act of driving roughly around another comparatively slow moving vehicle. "P" Parking Pedestrian Pedestrian Crossing "Parking" is the act of stopping a vehicle and leaving it unoccupied for more than a brief time period. A "pedestrian" is the person traveling by foot and sharing the road with other vehicles. "Pedestrian Crossing" is path on the road employed to assist pedestrians while crossing. "R"

10 396 Road A "Road" is an identifiable path between any two places. Road Junction Road Rage "Road Junction" is a point on the road where traffic changes its routes in the desired direction. "Road Rage" is violent incident caused by stress on roads. Round About A "Round About" is a circular island erected in the centre of the road crossing. "S" Seat Belts Speed Limits Stop Sign Street Light "Seat Belts" are safety devices meant to hold the occupants of the car from hitting in case of an accident Speed Limits are the maximum speeds allowed for the vehicles running on road. A "Stop Sign" is a traffic sign instructing the driver to stop at that point. "Street Light" is a source of light on roads. "T" Tailgater "Tailgater" is a person following the vehicle in front too closely. Test Drive T-Junction Toll Road "Test Drive" is the act of taking a vehicle for driving to test its drivability before buying. "T-junction" is a road junction where a minor road joins the larger road at a blind end. "Toll Road" is a road where a toll authority collects a fee for using road.

11 397 Traffic Traffic Congestion Traffic Light "Traffic" is the movement of the vehicles and pedestrians on road. "Traffic Congestion" is the condition of the road typified by slower speeds and increased traffic. A "Traffic Light" is a signaling device, erected on intersections to direct the drivers. "U" Utility Poles Poles mounted at the road side for a particular function. Ex: Telephone poles, road traffic sign poles and lighting poles. "V" Vehicle Vehicle Registration Plate "Vehicle" is a means of transportation. Ex: bicycle, car, truck, van etc. "Vehicle Registration Plate" is a plate attached to the vehicle used for its identification. "W" Wheel Windscreen Windscreen Wiper "Wheel" is a circular object that rotates and drives the vehicle forward. "Windscreen" is the front window of the vehicle. It protects the occupants from wind. "Windscreen Wiper" is a device used for wiping rain or dirt from the windscreen. "X"

12 398 X-Ray Detection This is used by law enforcement agencies when searching for illegal materials concealed within the door panels. "Y" Y-Intersection "Y- Intersection" is a type of intersection containing 3 arms of roads of equal sizes. "Z" Zebra Crossing "Zebra Crossing" is a type of crossing characterized by longitudinal stripes on road. It used by pedestrians to cross the road.

13 399 APPENDIX III TRAFFIC OFFENCES AND PENALTIES IN INDIA The Indian Road rules, titled "Rules of the Road Regulation", were brought into effect since July, These rules are germane to the Indian drivers (all inclusive of two, three and four wheelers), while on the road to ensure an orderly traffic and a safer journey. Violation of these "Rules of Road Regulation" is a punishable transgression as per the city specific traffic police rules and the "Motor Vehicle Act". Enforcement of these traffic laws - rules, regulations and acts can bear out the road accidents. These laws are enforced by issuing challans in the name of the offenders and teaching them a lesson by making them pay penalties. An indicative list of the possible offences and their respective penalties is formulated below: S.NO OFFENCES RELATED TO DOCUMENTS OFFENCES Driving without a Valid License Allowing vehicle to be driven by a person who does not possess a Valid License. Not carrying documents as required. Driving without Valid Insurance. Driving without Valid Permit. MAXIMUM PENALTY Rs. 500/- and /or imprisonment ( 3 months) Rs. 1000/- and/or imprisonment ( 3 months) Rs. 1000/- and/or imprisonment ( 3 months) Rs. 5000/- ( not less than Rs. 2000/-) SECTION 3 r/w 181 MVA 5 r/w 180 MVA 130(3) r/w 130 r/w 130 r/w

14 Driving without Valid Fitness. Rs. 5000/- ( not less than Rs. 2000/-) 130 r/w 1.7 Vehicle without R.C. Rs 2000/- 39 r/w192 MVA S.NO 2. OFFENCES RELATED TO DRIVING OFFENCES MAXIMUM PENALTY SECTION Driving by Minor. Rs. 500/- 4 r/w 181 MVA Allowing Unauthorized Rs. 1000/- person to drive. 5 r/w 180 MVA Driving without Helmet. 129 r/w Seat Belts not fastened Rough/Rash/Negligent Driving Dangerous or hasty Driving. Rs. 1000/- Rs.1000/- and/or imprisonment ( 6 months) 138(3) CMVR 184 MVA MVA Not Driving in Proper Lane. Court Challan 66 r/w 192 MVA Driving in the center and not to left side. 2 RRR r/w Driving against One Way. 17 (i) RRR Reversing without due care and attention. Taking U turn during outlawed hours. Failing to take precaution while taking a Turn. Failing to decelerate at intersection. Failing to carry on left of traffic island. Carrying persons on Footboard. MMVR RRR 3 RRR 8 RRR 2 RRR Carrying persons causing 125-

15 401 hindrance to the driver Trippling. 128/ Driving on Footpath. RRR Stopping at pedestrian crossing or crossing a Stop Line. 2.2 Road Marking Related Offences RRR Violation of Yellow Line. 119/ Violation of Stop Line. 113(1)/177 DMVR Violation of Mandatory Signs. 2.3 Number Plate Related Offences Use of Offensive Number Plate for vehicle used in driving. 119/ CMVR 105 (2) (ii) Displaying 'Applied For'. Rs. 4500/- 39/192 MVA 2.4 Vehicle Light Related Offences Improper use of headlights/tail light for vehicle used in driving. Using High Beam where not required. 2.5 Horn Related Offences CMVR 105 (2) (ii) 112(G) A DMVR Driving without Horn. 119(1)/177 CMVR Improper horn usage while driving. 2.6 Traffic Police Related Offences Disobeying Traffic Police Officer in uniform. Driving against Police Signal. Disobeying manual Traffic Signal. CMVR 105 (2) (ii) 119 MVA 22(a) RRR 119 r/w 239 MMVR 22(a) RRR

16 Traffic Signal Related Offences Disobeying Traffic signal / Sign Board Failing to give Signal. 22(b) RRR 239 MMVR 121 RRR Jumping Signal. 119/ 2.8 Speed and Overtake Related Offences Exceeding the prescribed Speed Limits. Abetment for Over Speeding. Up to Rs.1000/- Rs.300/ MVA 112/183(2) MVA Overtaking perilously. 6 (a) RRR r/w Failing to confer way to sanction Overtaking. Overtaking from Wrong Side. 2.9 Other Offences Disobeying Directions. Lawful Driving under influence of Alcohol / Drugs. Using Mobile Phone while Driving. Leaving vehicle in unoccupied engine. Leaving vehicle in unsafe position. Rs. 500/- Rs.2000/- and/or imprisonment ( 6 months) Up to 1000/- 7 RRR RRR 6/1/ 132/179 MVA 185 MVA 184 MVA In case of a minor Accident. Rs. 1000/- 184 MVA Playing music while Driving. 102/ Driving without Silencer. 120/190(2)/177CMVR Driving when mentally or physically unfit. Court Challan 186 MVA

17 403 S.NO 3. OFFENCES RELATED TO TOWING OF VEHICLES OFFENCES MAXIMUM PENALTY SECTION 3.1 Two Wheeler. RRR 3.2 Car, Jeep, Taxi, Auto Rickshaw. Rs.200/- RRR 3.3 Truck, Tanker, Trailor. Rs.600/- RRR S.NO OFFENCES RELATED TO POLLUTION OFFENCES Smoking in Public Transport. Pollution Not Under Control. Fixing horn. multi-toned/shrill Rs.500/- MAXIMUM PENALTY SECTION 86(1)(5)/177 DMVR 99(1)(a)/177 DMVR 119 CMVR 190(2) MVA 4.4 Blowing Pressure Horn. 96(1)/177 DMVR 4.5 Silencer/muffler noise. making Rs.500/- 4.6 Smoky Exhaust. Rs.500/- 4.7 Using horn in Silence Zone. CMVR (2) MVA 115 CMVR 190(2) MVA 21(ii) RRR S.NO OFFENCES RELATED TO MOTOR VEHICLES OFFENCES Using Vehicle in Unsafe Conditions. When motor vehicle is out of state for more than 12 months. Particulars to be printed on transport vehicles. MAXIMUM PENALTY Court Challan 192 MVA 47- SECTION 84(G)-

18 Without Wiper CMVR 101 5, Without Side Mirror. 5, 7/ 5.5 Defective tyres. CMVR No indication board on left hand drive vehicle. Sale of motor vehicle/alteration of motor vehicle in contravention of Act. Vehicles fitted with dark glasses/sun films. Driving without proper number plate/ illuminating rear number plate. Failing to display public carrier board. Using private vehicle for commercial purposes. Rs.300/- Any sort of misconduct with passengers, not wearing uniform/not displaying badge. Overloading a goods vehicle. Carrying goods in a dangerous or hazardous manner. Infringement of permit conditions. Use of Colored light on Vehicle Rs. 5000/- ( not less than Rs. 2000/- ) Rs. 2000/-plus Rs. 1000/- for every additional ton. Imprisonment fine of Rs. 3000/- and/or Imprisonment and/or fine of Rs. 5000/-( not less than Rs. 2000/-) 120, 52/191 MVA, 32/192.66/192 MV Act 100 CMVR 236 MMVR 116 MMVR - MMVR 21(18) MMVR 93(u)(i) 29 RRR 97(2)/177 DMVR 6. OFFENCES RELATED TO COMMERCIAL VEHICLES -

19 405 S.NO 6.1 OFFENCES Plying in 'NO ENTRY' Time MAXIMUM PENALTY Upto 2000/- 6. Violation of Time Table Court Challan High and Long / Load in Vehicles Carrying animals in goods vehicles in contravention of rules. Carrying persons dangerously or carrying persons in goods vehicles. Goods in Passenger Vehicles Dangerous projection of goods. 6.7 Carrying goods unsecured Carrying goods more than 11 feet high. Limit Of weight and limitation on Use. Driver refuses to weigh vehicle. Court Challan Court Challan 6.9 Load on Tail Board Misbehavior by Taxi/TSR Driver. Over Charging by Taxi/TSR Driver. SECTION 115/194 MVA 11/177, 2/177, 66/192 MVA 29 RRR/ MMVR 83 MMVR MMVR 29 RRR MMVR 202 MMVR 93(u) (i) 113/194(1) MVA 114/194(2) MVA MMVR (3)/177 DMVR 11(8)/177 DMVR 6.12 Charging without Meter. 11(8)/177 DMVR 6.13 Refusal by Taxi/TSR Driver. 11(9)/177 DMVR

20 Driver without Uniform. 7/177 DMVR 6.14 Driver without Badge. 22(1)/177 DMVR 6.15 Conductor Uniform. without 23(1)/177 DMVR 6.16 Conductor without Badge. 22(1)/177 DMVR 6.17 Stopping without Bus stop Court Challan 66/192 MVA 6.18 S.NO Power to detain Vehicle used in contravention of section 3.4,39 or 66(1) MV Act. OFFENCES Parking in the direction of flow of traffic. Parking away from footpath towards road. Parking against flow of traffic. Parking Obstruction. Court Challan 7. OFFENCES RELATED TO PARKING causing 7.5 Parking on a Taxi Stand. 7.6 Parking in not any prescribed manner. 7.7 Parking at any Corner. 7.8 Parking within 15 meters on either side of Bus Stop. 7.9 Parking on Bridge Parking at Traffic Island. MAXIMUM PENALTY 207(1) MVA 22(a) RRR 15(2) RRR 15(2) RRR 15(2) RRR 15(2) RRR 15(1) RRR 15(i) RRR 15(2) RRR SECTION 15(2) (i) RRR 15(i) RRR 7.11 Parking in No Parking 15(2) RRR

21 Area. Parked on Pedestrian Crossing Parking on Footpath Parking in front of a gate Parking obstruction. causing 15(2)(iii) RRR 15(2)(ii) RRR 15(2)(viii) RRR 15(1) RRR RRR: Rules of Road Regulations 1989 MVA: Motor Vehicles Act 1988 MMVR: Maharasthra Motor Vehicles Rules 1989 CMVR: Central Motor Vehicles Rules 1989

22 408 APPENDIX IV TEN TIPS FOR ROAD SAFETY Road safety is a result of contributing efforts from all the sectors of the society including both civilians and Govt. officials. In addition to the human sufferings, the estimated costs of the road injuries are a noticeable amount in GNP per annum. So, some tips can be fruitful in this direction. Few important Road Safety Tips are mentioned below : 1. Don't use your mobile phone whilst driving 2. Belt up in the back 3. Don't drink and drive 4. Always adhere to speed limits 5. Take special care about children, senior citizens and pedestrians. 6. Don't drive if tired. 7. Pedestrians should walk cautiously. 8. Always observe and anticipate other road users. 9. Keep your distances. 10. Always wear helmets and seat belts

23 409 APPENDIX V TRAFFIC POLICE SIGNALS To start one side vehicles To stop vehicles coming To stop vehicles approaching from front from behind To stop vehicles approaching To stop vehicles approaching To start vehicles approaching Simultaneously from front and simultaneously from right and from left

24 410 Back left To start vehicles coming To change sign To start one side vehicles From right To start vehicles on To give VIP Salute To manage Vehicles on T-Point T-Point