Motor Vehicle Accident Claims

The Motor Vehicles Act, 1988 provides a legal framework for victims of road accidents to claim compensation for death, bodily injury, or property damage.

Where to file the claim?

Claim applications are filed before the Motor Accident Claims Tribunal (MACT) having jurisdiction over the area where the accident occurred or where the claimant resides.

Who can file for compensation?

• The person who sustained the injury.
• The owner of the damaged property.
• Legal representatives/heirs of the deceased (in case of death).
• A duly authorized agent of the injured person.

Types of Compensation

The Tribunal considers various factors to determine the amount:

• Pecuniary Damages: Loss of earnings, medical expenses, and future loss of income.
• Non-Pecuniary Damages: Pain and suffering, loss of amenities of life, and loss of consortium (in case of spouse death).
• Multiplier Method: Used to calculate future income loss based on age and income.

No-Fault Liability

Under Section 140 (now Section 164 in the 2019 Amendment), the claimant can get immediate compensation without having to prove the negligence of the other driver in case of death or permanent disablement.

Hit and Run Cases

In cases where the vehicle cannot be identified, the government provides compensation through the Solatium Fund. The 2019 amendment has significantly increased this amount.