Can I make a claim related to motor accidents in a consumer forum? My father died in an accident due to reckless driving of the car. He hired that car to travel from our home to Chennai. When the vehicle reached XX the driver stopped the car at the restaurant and consumed liquor. My father objected to that behaviour but he has no other option except to travel in that car. He drove that car at a very high speed and recklessly. Due to which the vehicle met with an accident and my father died. In this situation I want to claim compensation from the travel agency because it is a deficiency in service. Can I file that case?
Asked from: Tamil Nadu
This dispute or cause of action falls outside the jurisdiction of the Consumer Forum. The Consumer Forum has jurisdiction to entertain disputes related to goods and services. It can admit complaints concerning defective goods sold to consumers or deficiencies in services provided to them.
According to Section 2(1)(f) of the Consumer Protection Act, a “defect” is defined as any fault, imperfection, or shortcoming in the quality, quantity, potency, purity, or standard expected to be maintained by or under any law by a trader in relation to goods. Section 2(1)(g) defines “deficiency” as any fault, imperfection, shortcoming, or inadequacy in the quality, nature, or manner of performance required to be maintained by or under any law or undertaken to be performed by a person. Furthermore, Section 2(1)(o) defines “service” as follows:
‘Service’ means any description of service made available to potential users, including the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement, or the purveying of news or other information. However, it does not include services rendered free of charge or under a contract of personal service.
In your case, the death was caused by injuries sustained by the deceased (your father) in an accident resulting from reckless driving. The accident was not caused by any defect in the car, nor was there a defect in the vehicle itself.
The death resulting from an accident does not fall under the categories of “defect in goods” or “deficiency in service” as defined under the Consumer Protection Act. Therefore, you cannot invoke its provisions in this matter.
The Consumer Protection Act, 1986, is a general law, whereas the Motor Vehicles Act, 1988, is a special law. Motor Accident Claims Tribunals have been established specifically to handle cases related to motor accidents. As per the principle that special law prevails over general law, Section 165 of the Motor Vehicles Act will apply in this case.
You should file a claim with the Motor Accident Claims Tribunal. The limitation period for filing such a claim is six months from the date of the accident. If the limitation period has expired, you may still file a claim by providing sufficient justification for the delay. The tribunal may condone the delay under Section 5 of the Limitation Act. For more legal help please visit Kanoon India.
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