MOTOR ACCIDENT CASES AS CRIME & ALTERNATE DISPUTE RESOLUTION SYSTEM AS SOLUTION IN COVID PANDEMIC PERIOD

Abstract

An alternative dispute resolution method is a suitable and expeditious method of resolving motor accident cases involving compoundable & non-compoundable offenses, which helps the injured in a quicker, cheaper, and acceptable method. This Research Paper explores the possibilities to bridge the gap in law, making it easier for the insurers and insured to reach an agreement faster, cheaper, and which empowers the victims.

The Research Methodology used for this study is descriptive with analytical tools,based on the case laws,case studies,existing legislations,gazette & government orders studies.

The use of civil and criminal law procedures in Indian jurisprudence, in particular in the Motor Accident Claims Tribunal (MACT), are not consistently followed. The compliance with the law covered under the Motor Vehicle Act is also not enforced. According to various judgments of the Hon’ble Supreme Court and High Court, such as Sarla Verma v. D.T.C, Mr. Krishna Murty v. The New India Assurance Co. Ltd. (2019), to the recommendations and initiative in Munshilal Yadav v. Samit Yadav (2021), compensation should be made via virtual mode, in compliance with safety protocols, considering the Covid-19 pandemic. In this paper, we discuss how to resolve compensation disputes through alternative dispute resolution techniques that are extensive in the coliseum of motor insurance disputes.