In plain words: compensation is not only for people inside cars. A pedestrian, cyclist or pillion rider struck by a motor vehicle has the same right to claim — these are, in fact, the road's most vulnerable users.
Who can claim
Anyone injured by a motor vehicle can bring a MACT claim, including:
- Pedestrians knocked down while walking or crossing.
- Cyclists hit by a motor vehicle.
- Pillion riders on a two-wheeler involved in an accident.
- In fatal cases, the dependants of any of them.
The compensation is the same framework
The heads are the familiar ones — medical costs, loss of income and earning capacity, future treatment, pain and suffering, and, in death cases, loss of dependency and the conventional heads. A pedestrian or cyclist with no vehicle of their own is in no way a lesser claimant.
Handling the contributory-negligence argument
Insurers often argue the pedestrian 'crossed carelessly', the cyclist 'was in the wrong lane', or the pillion rider 'wore no helmet'. These can lead to a reduction for contributory negligence — but only if proved, and only to the extent it actually contributed. A vulnerable user is not automatically at fault for being on the road.
Evidence that helps
- The FIR and site plan showing the point of impact.
- Eyewitnesses, and CCTV or dashcam footage.
- Medical records establishing the injuries.
Frequently asked questions
I was crossing the road — was it my fault? Not automatically — the driver's duty of care to pedestrians is high; any contributory negligence must be proved.
Can a cyclist claim against a car? Yes — a cyclist injured by a motor vehicle can claim.
No helmet as a pillion — do I lose out? At most a proportionate reduction, only to the extent it worsened the injury.
How Vakil Help Desk helps
Vakil Help Desk pursues claims for pedestrians, cyclists and pillion riders with the same rigour as any other — and resists unfair blame. If a vehicle has injured you or a loved one on foot or on two wheels, we can help you claim.
This article is for general legal awareness, not individual legal advice. Compensation and tax outcomes depend on the facts, the evidence and the law as applied to your case, and figures and positions are revised over time. Please consult a lawyer before acting.