If you or a family member has been injured or killed in a road accident in India, you are entitled to compensation. The Motor Vehicles Act, 1988 sets up Motor Accident Claims Tribunals (MACT) specifically to handle these cases.
Who Can Claim Compensation?
- The injured person themselves
- Family members of a person who died in the accident
- A person whose vehicle or property was damaged
Against Whom Do You Claim?
Claims are filed against the vehicle owner, driver, and their insurance company. In India, third-party insurance is mandatory for all motor vehicles. Even if the vehicle was uninsured, you can claim from the Motor Accident Claims Fund or pursue the owner directly.
What Compensation Can You Get?
Courts award compensation for:
- Medical expenses (past and future)
- Loss of income during treatment
- Permanent disability or disfigurement
- Pain and suffering
- Loss of amenities of life
- In death cases: loss of dependency, funeral expenses, loss of consortium
How Is Compensation Calculated?
For death cases, courts use the “multiplier method” — the deceased’s annual income is multiplied by a factor based on age. A younger person with higher income results in higher compensation. The Supreme Court has laid down detailed guidelines in cases like Sarla Verma and National Insurance Company v. Pranay Sethi.
How to File a MACT Claim
- File an FIR immediately after the accident
- Get medical treatment and keep all bills and records
- Note down vehicle numbers, eyewitnesses, and take photographs
- File a claim petition before the MACT in the district where the accident occurred or where you reside
- Attach the FIR, medical records, insurance details, income proof, and death certificate (if applicable)
Time Limit
There is no strict limitation period for MACT claims, but it is advisable to file as early as possible while evidence is fresh. Courts generally allow claims filed within 6 months to 2 years.
Hit and Run Cases
If the vehicle that caused the accident fled and is untraceable, you can claim compensation from the Solatium Fund under the Motor Vehicles Act. The amounts are limited but provide some relief.
Get Legal Help
Insurance companies often undervalue claims. An experienced MACT advocate will ensure all heads of compensation are claimed and will negotiate or litigate to get you the best possible amount.