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Disclaimer: Our website contains general legal information. The legal information is not advice and should not be treated as such.


What are the Kinds of Compensation Claims Available (Options):

1. No Fault Liability - A quick-fix payment (immediate relief) of Rs. 50,000/-.
In this type of claim, the family members of the deceased (without negligence on his part) are not required to prove how the accident was a result of the mistake/wrongful act/neglect/default of the vehicle owner. [Under Section 140 Motor Vehicles Act];
Click here to download the application form

2. Structured Formula - The amount of compensation shall not be less than Rs. 50,000/-. While determining compensation under this formula, the question of negligence of the victim is of no relevance.[Under Section 163A Motor Vehicles Act]
It is another quick-fix payment (immediate relief) that must be taken from the formula and figures based on the age/income that are provided in the Second Schedule of the Motor Vehicles Act. The compensation awardable under this part is quite substantial when compared to the compensation awarded under Section 140 (found above).

For example: A person aged 25 years and with an annual income of Rs. 12,000/- died in a road accident. The compensation that is payable to his/her heirs as per the schedule would work out to Rs. 1,36,000/-.

However, conflicting decisions have caused confusion over interpreting this schedule as a ready reckoner. This causes difficulty and hardship when one has to rely on the Tribunal to calculate the figure.

3. Fault Liability - Here also there is a formula used by the Tribunal (along with the judge's discretion based on the circumstances of the case) to calculate the compensation.
An application under this section is for the purpose of claiming an additional amount of compensation, in addition to a No-Fault claim [Under Section 166 of the Motor Vehicles Act].

A more detailed investigation (with evidence) is required under this option in order to prove and establish the cause of the accident being a result of the mistake/wrongful act/neglect/default of the vehicle owner/driver.
Proving the mistake or fault of the vehicle-driver is the only way to claim compensation under this section.
Click here to download the application form

Note: The above 3 options are available under MACT

Hit-and-Run - Solatium Application - Such an application must be made in the prescribed form only when a person who caused the accident which led to the death could not be identified (as he drove away soon after the incident).
The solatium scheme provides Rs. 25,000/- upon an application to the Claim Enquiry Officer at the Taluka level.
Click here to download the application form


Scene of the Accident - Filing of the FIR

In the event of death of an accident victim, the very first step for the family of the deceased to claim compensation for the loss suffered, is to register a First Information Report (FIR) with the Police.

What is a First Information Report (FIR)?

It is the information relating to the commission of a cognizable offence lodged with the local/jurisdictional police station -the local area where the incident took place.
Click here to view a copy-format of an FIR

It is the first essential document needed to pursue a motor accident claim in the case of death or disability.

Who can lodge an FIR?

Any person who is a victim or is a witness of an offence or has knowledge about the commission of an offense can register an FIR. The person making the complaint/FIR is also required to receive a copy of the FIR from the police station.

What are the essentials of an FIR?

Any person who is a victim or is a witness of an offence or has knowledge about the commission of an offense can register an FIR. The person making the complaint/FIR is also required to receive a copy of the FIR from the police station.

  1. The information that is required to be conveyed (State the nature and cause of the offense - Accident/Rash & Negligent Driving/Hit-and-Run/Death) Some Sections of the Indian Penal Code that the case can be registered under:
    - Section 279 - Rash Driving or Riding on a Public Way
    - Section 304-A - Causing Death by Negligence
  2. Who committed the crime, and in what capacity - Name, license and registration of accused. Was he driving on the wrong side of the road/drunk-driving/turning at red light/etc
  3. Against whom was the crime committed - either against the victim/claimant.
  4. When did the incident take place (Time of Occurrence)
  5. Where did the incident take place (Exact place/location of occurrence)
  6. Any eye-witnesses at the scene of the accident
  7. The loss suffered - death
  8. Evidence against the accused - vehicle type - license & registration, any other kind of identification against the accused.

**What is the expected outcome/result of an FIR?
The SHO of the police station concerned within whose jurisdiction the accident has occurred, is required by law to submit an Accident Information Report (AIR) to the Claims Tribunal (MACT) within 30 days of the recording of the FIR.

An Advance copy must be sent to the concerned Insurance Company as well by the SHO.

Tribunals can also convert the AIR - as a claim petition. In Jai Prakash v. National Insurance Company Ltd. [(2010) 2 SCC 607], the Supreme Court directed the Registrar General of Each High Court to instruct all MACT's in the state to register the AIR as an application for compensation under Section 166(4) and deal with them without waiting for the filing of claim applications by the injured/or family of deceased.

Detailed directions have been issued by the Court to the MACT's in recording, registering, and deciding on claims based on the AIR.

Click here to proceed to the directions


Essential Documents Needed - After FIR is Filed

All documents required for claims must be properly documented and maintained safely.

Duties of Police, Claimants & Hospital-related Documents:

I. Duty of the Police

The police shall:
  • Collect all the documents from the vehicle owners, which include, insurance policies, vehicle registration books, fitness certificates, permits, etc [see Point No. 13 below].
  • Collect and furnish the additional particulars regarding age, income and dependants of the victim of the road accident.
  • - Notify the first date of hearing to the victim or the family of the victim and the driver, owner and the insurer. If so directed, the police may secure their presence on the first date of hearing.
  • Submit an Accident Information Report (AIR) along with attested copies of the FIR, site plan, photograph, registration cover, driving license, permit and fitness certificates and MLC / post-mortem reports to the Claims Tribunal (MACT) within 30 days of the FIR and a copy sent to the insurance company.
    [Note: The AIR can be used by the Tribunal to itself launch a compensation claim on behalf of the claimant.]

II. Claimants are required to produce documents relating to:

  • Their relation to the deceased - a marriage certificate, a birth certificate of the child/children, proof of being the father or the mother.
  • Proof of age of the deceased
  • Income proof
  • Proof of residence - in order to decide the jurisdiction for the lodging of the MACT claim.

III. Other important hospital-related documents that are needed by the claimant when he prepares for a claim application under these sections

  • MLC - Medico-legal Case report - the attending doctor prepares a report describing the wounds/injuries for submission to the nearest police station. This report serves as evidence to fix the responsibility regarding the cause of death.
  • Post-mortem Report - Within the first 24 hours of being admitted, the hospital has to issue a post mortem.
    The coroner will issue a Cause of Death certificate which needs to be provided to the police in order to obtain a No Objection Certificate (NOC).
  • Cremation Certificate - from the municipal authorities in cases of death.
  • Forensic Examination report - if identification of the deceased is needed to be carried out
  • Medical Bills and other hospital expenses.

In the case of a No Fault Liability (under Section 140), under the Structured Formula (under Section 163 A) & Fault Liability (under Section 166)

The family of the deceased must provide evidence of the following:
  • Accident by the offending vehicle;
  • Offending vehicle being insured
  • Death
Comprehensive List of Documents Needed to File a Claim:
  1. Newspaper report on the accident [if available] - For an independent record of the events
  2. Certified copy of the complaint made to the Police - A part of the Police record
  3. Certified copy of the pre-death and post-death Panchanama before the Police - A part of the Police record
  4. First information report (FIR) No. registered with Police
  5. Correspondence of the police station with the medical authorities and the medical authorities with the police authorities
  6. Medical admission and treatment documents [all the documents from admission till discharge]
  7. Post-mortem report
  8. Report for the cause of death
  9. Forensic examination report
  10. Release of dead body by the Police and the medical authorities and no objection reports [NOC] from Police
  11. Cremation certificate from the municipal authorities
  12. Death certificate from the municipal/ panchayat body in respect of the deceased in multiple original copies (10 copies)
  13. Certified copies of vehicle documents to be obtained from the Police and other documents that are necessary for claims:
    1. Registration certificates of the vehicle (s) concerned
    2. Fitness certificate (s) of the vehicle (s) concerned
    3. Permit (s) of the vehicle (s) concerned
    4. Certificate of taxes paid with respect to the vehicle(s)
    5. Driving license (s) of the driver (s) concerned
    6. Insurance policy (ies) of the vehicles concerned
    7. If travelling by a public vehicle e.g. bus, the list of passengers certified by the bus operator and certified by RTO
    8. Proof of travel in the form of bus tickets, payments made (like bank debit papers)
    9. In case the accident vehicle carries hazardous goods, a copy of the insurance policy under the Public Liability Insurance Act
    10. If the accident vehicle is a bus, the certificate from the State Transport Authority for operating the bus
  14. Supporting documents required for making the claim petition:
    1. Education qualification certificates of the deceased
    2. Employment letters in respect of the deceased
    3. Salary certificate of the deceased.
    4. Income tax return copies for the last three years in respect of the deceased
    5. Age proof of the deceased in the form of birth certificate or any other legitimate certificate that could be used against the proof of date of birth (like school leaving certificate, certificate from panchayat, etc)
    6. Identity proof the deceased in the form of Aadhar card, voter card, PAN card, ration card, driving license etc.
    7. The deceased relationship documents vis-a-vis the claimants like birth certificate whether the name of the father and mother is mentioned, marriage certificate where the name of the wife and husband is given, birth certificate of the son (s) and or daughter (s) is available in which the name of the deceased is mentioned as a parent.
    8. Certified copy of Aadhar card, voter card, PAN card, ration card, electricity bill, etc. for the purpose of residential proof of the claimants
    9. i) It is preferable if the birth certificates of all the persons related to the claim i.e. the deceased, the claimants and dependants are kept ready.
    10. It is preferable if the birth certificates of all the persons related to the claim i.e. the deceased, the claimants and dependants are kept ready.


How to Calculate the Compensation Payable

Whenever a Tribunal is required to fix the amount of compensation in cases of accident, it often involves some guess work, some hypothetical considerations and some amount of sympathy.

Note: There cannot always be any rigid or mathematical precision in the matter of determination of compensation. The Tribunal has the power to award compensation above the amount claimed, so as to award compensation which is just.

Select Claim Type: Death  Click here to learn more
Injury  Click here to learn more
Solatium  Click here to learn more

Process of Filing an Application in the MACT

As indicated earlier in Step I - Scene of the Accident - Filing of the FIR, the Accident Information Report (AIR) must be submitted by the SHO of the police station concerned to the Claims Tribunal (MACT) within 30 days of the recording of the FIR.

There are two ways a claim application for compensation can be filed with the MACT:

  • An application for compensation made by persons/victims/family of deceased (claimants) [under Section 166 (1)]; or
  • By treating any report of the accident - the Accident Information Report (AIR), which is forwarded to the Tribunal [under Section 158 (6)] as an application for compensation. [under Section 166 (4)].

I) Under Section 166 (1) - Application made by the victim/family of deceased to MACT:

A Claim Application must be filed/registered by the victim/claimant with all the prescribed documents/forms/reports (as mentioned in Step 2 - Documents needed).

Click here for a format application form for compensation either under Section 166/Section 140 in MACT

Procedure - Where a claimant files the petition even before the receipt of the AIR by the Tribunal, then the AIR may be tagged to the claim petition.

II) Under Section 166 (4)

It is also to be noted that a Tribunal can convert the AIR into a claim petition itself without waiting for the filing of a claim application by the injured or family of the deceased.

Procedure - They shall be listed as miscellaneous petitions. A date shall be fixed by the Tribunal for preliminary hearing so as to enable the police to notify such date to the victim and the owner, driver and insurer of the vehicle involved in the accident. Once the claimant appears, the miscellaneous application shall be converted into a claim petition.

List of MACT Addresses


District Wise MACT Courts Contact Details



Contact Details




356, 3rd Floor, Tis Hazari Court, Delhi

Ct. Rohit, 9971721835


5, Karkardooma Court, Delhi


205, 2nd Floor, Sector-10, Dwarka, Delhi.

Ct. Kamal,9810840686, Ct. Tahir Hussain,9911140140


4, Annexee Patiala House Court, Tilak Marg, New Delhi



202, 2nd Floor, Tis Hazari Court, Delhi



48, Karkardooma Court, Delhi

HC Narender, 9818037469


210, Rohini Court, Delhi


211, Rohini Court, New Delhi


HC DevDutt, 9818350295


15, Patiala House Court, Tilak Marg, New Delhi



4-A, Patiala House, Tilak Marg, New Delhi


205, 2nd Floor, Sec-10, Dwarka, New Delhi.

Ajay, 9891465575


110, Tis Hazari Court, Delhi


Address: 9, Hazarimal Somani Marg, Opp. Capital Cinema, C.S.T., V.T., Mumbai - 400 001Telephone: + (91)-22-22075752

Legal Services Authorities:

National Legal Services Authority (NALSA): It provides free legal services to the weaker sections of society.

Address: Member Secretary,
12/11, Jam Nagar House, Shahjahann Road,
New Delhi-110011
Phone No. 23382778

State Legal Service Authorities: It provides free legal services to people in the states.

Legal Services Authority


Phone No./Toll Free No.




Delhi State Legal Service Authority, Central Office, Pre-Fab Building, Patiala House Court,
New Delhi-110001

Toll Free No. 12525

Telephone : 23384781 ;



Click here


105, High Court (PWD) Building, Fort, Mumbai 400 032.

Telephone: 022-2269 1395/ 2269 1358

Click here


Member Secretary,
Office of the Kerala State Legal Services Authority,
Niyama Sahaya Bhavan,
High Court Compound
Ernakulam , Kochi - 682 031

Click here

Uttar Pradesh

Third Floor, JawaharBhawan Annexe, Lucknow - 226001, UP - India

Toll Free Helpline - 1800-419-0234

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Tamil Nadu

North Fort Road, High Court Buildings, Chennai - 600 104

Telephone : 044 - 25342834 / 044 - 25345767

Helpline Phone - 044 -25342441 (From 10 am to 6 pm on all working days)

Click here


NyayaDegula Building, 1st Floor, H.Siddaiah Road, Bangalore-560027

Telephone : 22111714, 22111716

Toll Free No.: 1800 - 425 -90900

Click here

Madhya Pradhesh

574, South Civil Lines, Jabalpur

Telephone : 0761-2678352 ;0761-2624131

Click here

Andhra Pradesh

1st Floor, NyayaSevaSadan, City Civil Court Buidlings, Purani Haveli, Hyderabad - 500002

Click here


IInd Floor, New Block of Old District Court Complex, Sector-17,


Telephone: 0172-2770055 ;

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2nd Floor, Old Courts Complex,

Near Bus Stand and Parade Ground, Sector 17,


Telefax: 0172-4652568

Toll Free: 1968,

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Rajasthan High Court Building - Bhagwandas Rd, Ashok Nagar, Jaipur, Rajasthan 302015

Telephone : +91-141-2227481

Click here

West Bengal

City Civil Court Building 1st Floor.
2 & 3, KironSankar Roy Road, Kolkata - 700 001.

Telephone : - 91 - 33 - 2248-3892/4234.

Toll Free Helpline: 18003456040

Click here


Budh Marg, Opp. Museum, Patna-800001.

Telephone : 0612-2230943,2200366

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Junior Judges Building, New Secretariat Complex, Khatla, Aizawl

Telephone : 0389 - 2336621/2336619

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East Bank of MelarmathDighi, Agartala - 799 001

Telephone : 0381 - 232 -2481

Click here

Court Procedure in Compensation Claim Cases

Process to receive compensation at MACT

Practice & Procedure:

In Claim Cases, it is difficult to get witnesses, much less eye-witnesses, thus extremely strict proof of facts in accordance with provisions of Indian Evidence Act may not be adhered to religiously.

Documents are required to be proved. Courts/Tribunals should not admit into evidence photocopies of documents.

Supreme Court Directions for MACT: - Jai Prakash vs. National Insurance Company

  • enquire and satisfy itself that the AIR relates to a real accident and is not the result of any collusion and fabrication of an accident (by any "police officer-advocate-doctor" nexus);
  • by a summary enquiry - identify the dependent family members/legal heirs. The jurisdictional police shall also enquire and submit the names of the dependent legal heirs;
  • categorize the claim cases registered, into those where the insurer disputes (opposes) liability and those where the insurer does not dispute (oppose) the liability;
  • attempt to determine the compensation amount by a summary enquiry or refer the matter to the Lok Adalat for settlement under the policy (when the insurer does not dispute the liability), in order to dispose of the claim petition itself, within a time-frame not exceeding 6 months from the date of registration of the claim petition;
  • require the insurance companies to deposit the amount determined with the MACT within 30 days of determination. The Tribunals should ensure that the compensation amount is kept in a fixed deposit and disbursed as per the directions (found below - in the Deposit of Compensation section); and
  • be assisted by the insurers to verify the correctness in regard to the accident, injuries, age, income and dependants of the deceased victim and in determining the quantum of compensation.

Award of Compensation:

The Tribunal is required to follow such summary procedure as it thinks fit.

Upon receipt of an application for compensation (either filed by the claimant/applicant or initiated by the MACT), the Tribunal shall:

  • give notice to the insurer under section 149(2) of the Act;
  • give an opportunity of being heard to the parties to the claim petition as also the insurer;
  • hold an inquiry into the claim; and
  • make an award determining the amount of compensation which appears to be just. [Section 168].

The award of the Tribunal should specify the person/s to whom compensation should be paid. The Tribunal should deliver copies of the award to the parties concerned within 15 days from the date of the award.

It should also specify the amount which shall be paid by the insurer/owner/driver of the vehicle involved in the accident or by all or any of them. [Section 168]

Deposit of Compensation: Conditions

Usually, compensation awarded to the claimants should not be released to them immediately.

General guidelines laid down by the Supreme Court in General Manager, Kerala State Road Transport Corporation, Trivandrum vs Susamma Thomas:

  1. In the case of Minors - the Claims Tribunal should order the amount of compensation awarded to be invested in long term fixed deposits at least till the age of the minor reaches majority.
    The expenses incurred by the guardian or next friend may however be allowed to be withdrawn;
    [Interest should, however, be paid on monthly or quarterly basis to the claimants to meet their day to day expenses.]
  2. In the case of illiterate claimants - the Claims Tribunal should follow the procedure set out in (i) above.
    But, a written request can be submitted to the Tribunal to consider a lump sum payment for effecting purchases of any movable or immovable property, such as, agricultural implements, rickshaw etc., in order to earn a living.
  3. In the case of semi-literate persons - the Claims Tribunal should ordinarily resort to the procedure set out at (i).
    It can otherwise be satisfied with a written request for the whole or part of the amount in order to earn his livelihood, in which case the Tribunal will ensure that the amount is invested for the purpose for which it is demanded and paid;
  4. In the case of literate persons - the Claims Tribunal may follow the procedure indicated in (i) above.
    It can also order the release of the amount - having regard to the age, fiscal background and strata of society to which the claimant belongs.
  5. In the case of widows - the Claims Tribunal should follow the procedure set out in (i) above;
  6. In all cases in which Investment in long term fixed deposits is made it should be on condition that the Bank - will not permit any loan or advance on the fixed deposit and interest on the amount invested is paid monthly directly to the claimant or his guardian, as the case may be;
  7. In all cases Tribunal should grant to the claimants liberty to apply for withdrawal of amount in case of an emergency. To meet with such a contingency, if the amount awarded is substantial, the Claims Tribunal may invest it in more than one Fixed Deposit so that if need be one such F.D.R. can be liquidated."

Note: These guidelines are not to be followed rigidly and the Tribunals, in appropriate cases, can order the release of compensation depending upon the claimants circumstances.

For Example - In A.V. Padma vs. R. Venugopal [2012 (3) SCC 378], the Supreme Court held that the Tribunals can order the release of compensation amount especially when the claimants are very old and need the money or when the claimants are educated and well versed in managing their lives and finances.

Important: While releasing the money, the Tribunals and Courts should be careful that the amount actually released reaches the claimants and is not taken away by some other person.

  • the Tribunals as well as the Courts should insist that the amount should be transferred directly to the bank accounts of the claimants (preferably the personal account of the claimant himself).
  • Where close family members are involved, the Tribunal in its discretion may direct that the amount be deposited in joint account of the claimants.
  • While releasing the amounts, the Tribunals and Courts should insist that the copy of the first page of the pass book alongwith the photograph of the claimant, to whom the amount is released, is placed on the court file.


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