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If you or a loved one were involved in a road crash that resulted in death, injury, or disablement, you are eligible to receive compensations from the Motor Accidents Claims Tribunal (MACT). Established under the Motor Vehicles Act of 1988, MACT is a civil court that gives victims an opportunity to be heard. If the accident also involved a hit-and-run, you may be eligible for further compensation from a program known as the Solatium Scheme.
The tool below helps you estimate the amount of money you may be eligible to receive from MACT or the Solatium Scheme, depending on the damage done. Before reading about the procedures below, click the button to read more about the types of claims you may be eligible for.
Step by step guide
What is it?
Under Section 140 of the Motor Vehicle Act, a victim’s family members can claim for compensation from the owner of the offending vehicle without having to provide strict evidence that the accident was indeed due to that vehicle’s mistake.
How much can I get?
A quick-fix payment (immediate relief) of Rs. 25,000/- in the case of permanent disablement.
What is it?
This claim is similar to the No Fault Liability claim but rather than providing a fixed payment of Rs. 25,000, the amount of compensation is determined by a formula set in the Motor Vehicles Act which is based on age and income. The compensation awardable under this part is quite substantial when compared to the compensation awarded under No Fault Liability. As above, you do not have to provide evidence of the offending vehicle’s mistake when applying for this claim.
The compensation seeks to cover the loss in income suffered because of the injury which includes a definition of disability as found in Schedule I of the Workmen's Compensation Act, 1923.
How much can I get?
The amount of compensation is determined by a schedule set in the Motor Vehicles Act, but claimants will receive no less than Rs. 50,000/-.
For example, a person aged 25 years and with an annual income of Rs. 12,000/- was assessed at 60% permanent disability by the doctor due to the amputation of his hand in a road crash. The MACT calculated his loss of future earnings capacity as 70%. The compensation that is payable as per the schedule would work out to Rs. 1,42,800/-.
What is it?
This claim is for those who would like to apply for additional compensation because the victims have sufficient evidence of the offending vehicle’s mistake (which is not required in the first two options). Use this claim when you want to apply for additional compensation because you have evidence of the offending vehicle owner’s mistake.
How much can I get?
After a more detailed investigation in which victims must provide proof of the offending vehicle’s wrongdoing, the Tribunal will determine the compensation amount based on the circumstances of the case.
For each of the options above to be accepted, it is essential to produce various medical documents/papers/bills and disability certificates in order to prove the injury/disability. Injury/Disability will be determined by the Doctor who is treating the victim.
Generally, compensation is awarded to cover:
In the event of an accident that leads to serious injury or disability, the very first step is to immediately assess the injuries or damage suffered by you or any other passenger in the vehicle. This will help determine the importance of calling for an Ambulance Service at the scene of the accident.
What is a First Information Report (FIR)?
A First Information Report (FIR) is the first essential document needed to pursue a motor accident claim in the case of injury or disability. It should be registered with the local police in the area where the incident took place and can be registered at the scene of the accident or at the hospital.
Download FIR Format
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 information is required for an FIR?
What is the expected outcome/result of an FIR?
The Station House Officer (SHO) of the police station where accident 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 should be sent to the concerned Insurance Company. Additionally, the AIR can serve as an application for compensation (in place of a claim application) to a tribunal.
The police should collect all documents from the vehicle owners involved in the accident, including insurance policies, vehicle registration books, fitness certificates, permits, etc. They will also notify the first date of a hearing to the victim or his/her family.
Claimants are required to produce documents relating to:
Claimants should also prepare the following important hospital-related documents:
For all types of claims, the injured/physically disabled must also provide evidence of the following:
Comprehensive List of Documents Needed to File a Claim:
Whenever a Tribunal is required to fix the amount of compensation in cases of accident, it often involves some guesswork, some hypothetical considerations and some amount of sympathy. SaveLIFE has built a form that will help estimate this amount. Click on the button below to avail this tool.
As indicated earlier in Step 1: Filing 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:
I) Under Section 166 (1) - Application made by the victim/injured 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 - Required Documents).
Download application form
If a claimant files the petition before the receipt of the AIR by the Tribunal, then the AIR may be tagged to the claim petition.
II) Under Section 166 (4)
A Tribunal can convert the AIR into a claim petition itself without waiting for the filing of a claim application by the injured.
The AIR will be listed as a miscellaneous petition. 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.
The Tribunal decides the loss in earning capacity and appropriate compensation amount based on the evidence submitted. Before framing issues, the Petitioner should produce disability certificates, original bills of medicines and documents relating to the accident first.
Especially where damages sought are high, doctors must be examined. They must prove the percentage of disability (whether the disability is in relation to entire body or in relation to a particular limb). Where certificate given by doctor is not contested, it may be marked by consent, dispensing with oral evidence.
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.
Award of Compensation:
Upon receipt of an application for compensation (either filed by the claimant/applicant or initiated by the MACT), the Tribunal shall:
Note: These guidelines are not to be followed rigidly and the Tribunals, and in appropriate cases, can order the release of compensation depending upon the claimants’ circumstances.
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. Where close family members are involved, the Tribunal 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 along with the photograph of the claimant, to whom the amount is released, is placed on the court file.
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]
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 crash. 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.
What is an FIR?
A First Information Report (FIR) is the first essential document needed to pursue a motor accident claim in the case of death. It should be submitted to the local/jurisdictional police station in the area where the incident took place.
Download FIR Format
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 information is required for 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 is the expected outcome/result of an FIR?
The Station House Officer (SHO) of the police station where accident 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 should be sent to the concerned Insurance Company. Additionally, the AIR can serve as an application for compensation (in place of a claim application) to a tribunal.
The police should collect all documents from the vehicle owners involved in the accident, including insurance policies, vehicle registration books, fitness certificates, permits, etc. They will also notify the first date of a hearing to the victim or his/her family.
Claimants are required to produce documents relating to:
For all types of claims, the family of the deceased must also provide evidence of the following:
Comprehensive List of Documents Needed to File a Claim:
Whenever a Tribunal is required to fix the amount of compensation in cases of accident, it often involves some guesswork, some hypothetical considerations and some amount of sympathy. SaveLIFE has built a form that will help estimate this amount. Click on the button below to avail this tool.
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:
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.
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.
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:
Compensation awarded to the claimants should not be released immediately. General guidelines laid down by the Supreme Court in General Manager, Kerala State Road Transport Corporation, Trivandrum vs Susamma Thomas:
A Hit & Run or a Blind case is an accident that arises out of the use of a motor vehicle where the identity of the person and vehicle responsible for the accident could not be determined. This is because such a driver immediately leaves the scene of the accident without being seen by any witness or being questioned by the Police in order to avoid any punishment.
There is a separate application process for compensation claims under the Solatium Scheme. This Scheme was established by Section 163 of the Motor Vehicles Act, which empowers the Central Government to pay compensation to victims specifically of hit-and-run cases.
In a Hit & Run accident that results in permanent injury or disability, the Solatium Scheme provides Rs. 12,500/- upon an application to the Claim Enquiry Officer at the Taluka level.
What is a First Information Report (FIR)?
A First Information Report (FIR) is the first essential document needed to pursue a motor accident claim in the case of injury or disability. It should be submitted to the local/jurisdictional police station in the area where the incident took place.
Download FIR Format
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 information is required for an FIR?
Comprehensive List of Documents needed to submit a Solatium Application:
Victims or their legal representative must make a representation for compensation claim through an application to the Claim Enquiry Officer.
Download application form
An application in the prescribed form is available free of cost in the Office of the Sub-Divisional Officer, Tehsildar or any other Officer-in charge of a Revenue Sub-Division or a Taluka of the revenue district of the State where the accident happened. Such an officer is designated as the Claim Enquiry Officer. Some of the particulars and information needed to be filled in the application form:
A Hit & Run or a Blind case is an accident that arises out of the use of a motor vehicle where the identity of the person and vehicle responsible for the accident could not be determined. This is because such a driver immediately leaves the scene of the accident without being seen by any witness or being questioned by the Police in order to avoid any punishment.
There is a separate application process for compensation claims under the Solatium Scheme. This Scheme is established under Section 163 of the Motor Vehicles Act, which empowers the Central Government to pay compensation to victims specifically of hit-and-run cases.
What is a First Information Report (FIR)?
A First Information Report (FIR) is the first essential document needed to pursue a motor accident claim in the case of death or disability. It should be submitted to the local/jurisdictional police station in the area where the incident took place.
Download FIR Format
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 information is required for an FIR?
The Claim Enquiry Officer conducts a speedy, complete inquiry of the case (on the basis of the FIR and the medical report).
Award of Solatium: The Claim Enquiry Officer submits post-mortem report or injury certificate to the Settlement Commissioner, who at the district level may be the District Magistrate/District collector or Deputy Commissioner who shall make the award of Solatium.
Deposit/Payment: The Settlement commissioner processes the claim and sanctions payment within 15 days of receipt of report from Claim Enquiry Officer, and intimates the concerned insurance provider.
Use this form to estimate compensation based on the Structured Formula, and Fault Liability calculations. Learn more about each of these categories using the "steps to claim compensation" above.
Calculation using Structured Formula
Compensation Available
Calculation using Fault Liability
Compensation Payable