In plain words: after a road accident you do not have to chase the driver or the insurer on your own. A special Motor Accidents Claims Tribunal (MACT) exists to award you compensation — and, since 2019, there is no strict time limit to file.
Who can claim
An injured victim can claim for themselves. In a fatal accident, the legal heirs and dependants (spouse, children, parents) can claim. Claims are made under the Motor Vehicles Act, 1988 (as amended in 2019).
Two routes to compensation
- Fault-based claim (Section 166): you prove the accident was caused by the other vehicle's negligence, and the Tribunal awards compensation assessed on your actual loss — usually the larger award.
- Fixed compensation (Section 164): a no-fault, structured payout — a fixed sum for death or grievous hurt — without having to prove negligence, giving quicker relief.
Where and when to file
File before the Claims Tribunal having jurisdiction where the accident occurred, or where the claimant resides or carries on business, or where the respondent resides. The 2019 amendment removed the earlier six-month limitation, so a claim can be filed without that strict deadline — but file promptly, as evidence fades.
What you can recover
Compensation is assessed under recognised heads:
- Medical expenses — hospital, treatment, medicines, future care.
- Loss of income — during treatment, and loss of future earning capacity.
- Future prospects — an uplift recognising likely career growth.
- Pain and suffering, loss of amenities, disfigurement.
- In death cases: loss of dependency, loss of consortium, loss of estate and funeral expenses.
Documents you will need
The FIR and accident details, the injured person's medical records or the post-mortem report, proof of income (salary slips, ITR, or occupation evidence), identity and relationship proof for heirs, and vehicle/insurance details.
Hit-and-run or uninsured vehicle
Even where the offending vehicle is untraced or uninsured, compensation schemes and the insurer of record may still provide relief — do not assume you have no remedy.
Frequently asked questions
Who pays — the driver or the insurer? Usually the vehicle's insurer satisfies the award, which is why insurers are made parties.
What if the victim was partly at fault? Compensation may be reduced for contributory negligence, but rarely denied entirely.
How long does a claim take? It varies, but interim relief is possible, and settlements can shorten it.
How Vakil Help Desk helps
Vakil Help Desk builds and runs MACT claims — gathering the FIR and medical records, computing full compensation including future prospects and consortium, and pursuing the insurer before the Tribunal. If a road accident has hurt you or taken a loved one, we can help you claim what you are owed.
This article is for general legal awareness, not individual legal advice. The right course depends on your facts and documents, and the law can change. Please consult a lawyer before acting.