Easy ways to Claim Compensation for Damage to Life/Physical Body due to Road Accident
Disclaimer: Our website contains general legal information. The legal information is not advice and should not be treated as such.
What is the Motor Accidents Claims Tribunal (MACT)? The purpose of MACT is to settle claims for compensation of victims of motor vehicle accidents.
It is Established under the Motor Vehicles Act (MV hereinafter), and is like a Civil Court (with the same powers of a civil court).
Role & Function - The MACT treats such an application by giving the parties an opportunity of being heard and holding an inquiry in to the claim. It makes an award deciding the amount of compensation to be paid to victim/claimant and the amount to be paid by the insurer.
A victim/claimant can claim compensation in respect of an accident of 3 types:
The victim must make an application to the MACT in a particular form (click here for the prescribed form) and carry the essential documents for proof and verification purposes.
A separate scheme called the Solatium Scheme deals with compensation in such cases. Here the application for compensation must be made to a different authority - the Claim Enquiry Officer at the Taluka level in the prescribed form.]
Note: - A Hit-and-Run accident - where the driver of a vehicle quickly leaves the scene of an accident after being responsible, and the identity of the person and the vehicle responsible can not be determined.
Who all can file a claim for compensation?
Physical Injury/Disablement - A person who has been injured in accidents on the road - can themselves file for compensation or file their claims through an advocate as well.
Death - The legal heirs (click here to know who is a legal heir) of people who have died in accidents can file compensation claims directly or through their advocate.
Below 18 Years of Age - Minor - An accident victim below 18 can file for compensation through an advocate only.
Which particular MACT should I file my application in?
Except for Hit and Runs Cases - claims can be made at the option of the claimant either at:
- The MACT in the jurisdiction where the accident took place (local limits - the defined area within a state);
- The MACT within the local limits (of whose jurisdiction) where the claimant resides or carries business; or
- The MACT within the local limits (of whose jurisdiction) the accused (defendant) resides.
The Essential Documents Needed to File a Claim Application for Compensation in any of the 3 types of Claims:
- Copy of the FIR registered in connection with the accident. (click here to go to Step I - Filing of FIR) [This step is the same for every type of accident and injury caused]
- Copy of Panchnama (which is the list of damages that have been drawn by police in the presence of witnesses).
- Copy of the MLC/Post Mortem Report/Death Report as the case may be.
- Identification Proof (documents) of the claimant and of the deceased in a death case.
- Original Bills of Expenses - Incurred on the treatment, along with the treatment record.
- Documents of the Educational Qualifications of the deceased, if any.
- Disability Certificate, if already obtained, in cases of physical injury/disablement.
- Proof of income of the deceased/injured
- Proof of Age (documents) of the victim.
- Cover note of the Third Party Insurance Policy, if any.
- Affidavit - detailing the relationship of claimant with the deceased.
- RTO Certificate (with Name, Address of Owner and Insurance particulars of the vehicles involved in the accident.)
- Passport-Size Photograph.
- Court-Fee Stamp (Rs. 10 for a claim less than Rs. 5000; 1/4th percent of the claim - if between Rs 5000 - Rs. 50000; 1/2 percent of the claim - if between Rs 50000 - Rs 100000; and 1% of the claim to a maximum of Rs 15000 - if more than Rs. 100000)