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Compensation Under Motor Vehicle (Amendment) Act, 2019 – A Critical Analysis




Prachi Rashmi, Assistant Professor, Lloyd Law College, Greater Noida


ABSTRACT


Road accidents have severe far-reaching consequences, often resulting in loss of life or debilitating injuries. The impact extends beyond the victims, imposing emotional, financial, and social hardships on their families. Despite the alarming frequency of such incidents compensation awarded under the Motor Vehicle (Amendment) Act, 2019 often remains inadequate and inconsistent, leaving victims and their families struggling to recover.


This paper critically examines whether the existing legal framework effectively addresses both the economic and non-economic losses suffered by the accident victims. It explores key challenges, including inconsistencies in compensation across states, delays in legal proceedings, and difficulties in assessing non-monetary damages such as emotional suffering and lack of companionship. The study further evaluated the need for a standardized approach to compensation determination and potential reforms to enhance the fairness and efficiency of the system.


By analyzing judicial precedents, legislative provisions, and tribunal practices, this paper highlights the gaps in the current framework and proposes measures for a more equitable and timely compensation mechanism. Ensuring consistency, transparency and prompt relief in accident claims is crucial for delivering justice to victims and their families.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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