The Right of Accident Victims under The Motor vehicles Act,1988: An Critical study

Abstract

Road traffic accidents constitute one of the most serious public safety challenges in contemporary India. The Motor Vehicles Act, 1988 was enacted with the objective of regulating motor vehicles and establishing an effective framework for compensation and victim protection. This study examines the rights available to accident victims under the Motor Vehicles Act, 1988 and evaluates the effectiveness of the statutory mechanisms designed to secure those rights. Particular attention is given to the right to compensation, no-fault liability, insurance protection, medical assistance, and remedies available through Motor Accident Claims Tribunals (MACTs). The study further analyses the impact of the Motor Vehicles (Amendment) Act, 2019 in strengthening victim-oriented provisions. The research adopts a doctrinal methodology based on the examination of statutory provisions, judicial decisions, government reports, and academic literature. The study finds that although the legal framework has significantly enhanced the protection available to accident victims, practical challenges such as procedural delays, inadequate awareness, and difficulties in the enforcement of compensation awards continue to affect the realization of victims' rights. The paper concludes that continuous legal reform and efficient implementation mechanisms are necessary to ensure meaningful access to justice and adequate compensation for accident victims.

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