In plain words: normally you must prove the other driver was negligent. But the law also gives a quicker, 'no-fault' option — a fixed amount for death or grievous injury that you can get without proving who was to blame.
What the no-fault route is
Under Section 164 of the Motor Vehicles Act, 1988 (as amended in 2019), the owner/insurer is liable to pay a fixed amount — a set sum in the case of death and a smaller set sum for grievous hurt — irrespective of whose fault the accident was. It replaced the earlier structured and no-fault provisions and gives families faster relief.
Why it matters
- Speed: you are not waiting to prove negligence before any money reaches the family.
- Certainty: the amount is fixed by the statute.
- No blame needed: even a single-vehicle or disputed-fault case can qualify.
How it fits with a full claim
The no-fault sum is not the ceiling. You can still pursue a larger fault-based claim under Section 166, where compensation is assessed on your actual loss using the multiplier method. In practice the no-fault amount provides early relief and is adjusted against the final award.
Interim relief during the case
Tribunals can also grant interim relief in appropriate cases so a family is not left without support while the claim is pending. Ask for it early, especially where medical bills are mounting.
How to claim
- File before the Claims Tribunal, producing the accident record and proof of death or grievous hurt.
- Opt for the no-fault/fixed route for quick relief where fault is unclear or disputed.
- Simultaneously build the fault-based claim for the larger, loss-based award.
Frequently asked questions
If I take no-fault money, do I lose the bigger claim? No — the no-fault amount is generally adjusted against, not instead of, the full compensation.
Does the victim's own negligence bar no-fault relief? The no-fault route is designed to pay regardless of fault, which is its whole point.
What counts as 'grievous hurt'? Serious injuries defined in law — fractures, loss of function, and similar — as opposed to simple hurt.
How Vakil Help Desk helps
Vakil Help Desk helps families get quick no-fault relief while building the full fault-based claim in parallel. If you need compensation fast after an accident, we can secure interim and no-fault relief and pursue the larger award.
This article is for general legal awareness, not individual legal advice. Compensation depends on the facts, the evidence and the law as applied by the Tribunal, and figures are revised over time. Please consult a lawyer before acting.