For compensation after being injured, or after a death, in a road accident -- against the vehicle owner, driver, or their insurer, before the Motor Accident Claims Tribunal.
1. Register an FIR immediately.
At the police station with jurisdiction over the accident spot -- the FIR, the police's accident report, and the panchnama become the core evidence the Tribunal relies on.
2. If death or permanent disablement occurred, claim quick 'no-fault' compensation under s.164 first.
A fixed Rs.5,00,000 for death or Rs.2,50,000 for grievous hurt, claimable WITHOUT proving fault -- paid faster than a full claim, and adjusted against any later, larger award.
3. Identify the correct Tribunal.
You can file where the accident happened, where you live, or where the opposite party resides -- giving real flexibility. The petition names the vehicle owner, driver, and insurer.
4. File the full fault-based claim under s.166 within 6 months.
Since the 2019 Amendment's s.166(3) (in force from 1 April 2022), file within 6 months of the accident -- courts are genuinely divided on whether this can be condoned for delay, so treat 6 months as a hard limit, not a soft guideline.
5. Support the claim with income, age, and dependency evidence.
Compensation uses the 'multiplier method' -- (annual income minus personal-expense deduction) x an age-based multiplier, plus future-prospects and fixed conventional heads -- set out in Sarla Verma v. Delhi Transport Corp. (2009) and refined by the Constitution Bench in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680. Salary slips, ITRs, and age proof are essential.
6. Attend hearings -- evidence, cross-examination, arguments.
The Tribunal examines police and medical records and witnesses, and hears the insurer's defence, before passing a reasoned Award fixing compensation and liability.
7. Use e-filing where your district court has it enabled.
The national e-Filing portal (filing.ecourts.gov.in) supports online filing in many, but not all, district courts; track status afterward on services.ecourts.gov.in by CNR number.
8. Receive the Award.
It specifies the compensation, interest (usually from the petition date), and who must pay -- often the insurer -- disbursed through the Tribunal's registry.
9. Appeal to the High Court within 90 days if dissatisfied.
The party held liable to pay must generally first deposit Rs.25,000 or 50% of the award, whichever is less, as a precondition to appeal.
eCourts Services (Case Status): https://services.ecourts.gov.in/
Helpline: 15100
Handled by: Motor Accident Claims Tribunal (MACT), usually a District Judge-rank officer; appeals go to the High Court
Who can use this: The injured person, or -- in a fatality -- the legal representatives/dependants (spouse, children, parents).
This does not cover: Criminal prosecution of the driver (rash/negligent driving under BNS ss.106/281) -- a separate criminal case running independently of the compensation claim. General insurance-policy-validity disputes (outside an accident claim) go to consumer fora or civil courts. Workplace/employee accidents go through the separate Employees' Compensation Act, 1923.
Time limit: 6 months from the accident date to file the claim petition -- genuinely unsettled whether late filing can be condoned, so treat 6 months as the safe outer limit (Motor Vehicles Act, 1988, s.166(3), in force from 1 April 2022)
Cost: No court fee is charged for filing a claim petition before the Tribunal -- a recognised, near-universal exemption, though it doesn't automatically extend to a later appeal.
You'll need:- FIR number and police station
- Date, time, and exact location of the accident
- Registration number and insurer of the offending vehicle, if known
- Age and income of the victim
- Nature of injury or cause of death
Documents that help:- FIR copy and police accident report
- Postmortem report or medical records/disability certificate
- Driving licence and RC/insurance of the offending vehicle, if available
- Salary slips or ITR of the victim
- Death certificate/birth certificates of dependent children
- Photographs of the accident scene, if available
What happens after: The Tribunal's Award can be appealed to the High Court within 90 days, subject to the paying party depositing Rs.25,000 or 50% of the award (whichever is less) as a precondition.
These are the remedies Indian law provides for this kind of situation -- not a recommendation, and not every remedy will apply to your own facts.
No-fault compensation
Motor Accident Claims Tribunal
Section 164 of the Motor Vehicles Act, 1988 lets a claimant obtain a fixed Rs.5,00,000 (death) or Rs.2,50,000 (permanent disability) without proving anyone's fault -- paid faster than a full claim, and later adjusted against any larger award obtained under s.166.
Full/just compensation
Motor Accident Claims Tribunal
Section 166 lets a victim or their dependants claim full compensation based on fault, computed using the multiplier method refined in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 -- covering loss of income/dependency, medical expenses, and standardised conventional heads such as loss of consortium and funeral expenses.
Cashless treatment in the golden hour
Insurer, via the empanelled hospital
Section 162 of the Motor Vehicles Act, 1988 (as amended, operationalised by the Cashless Treatment of Road Accident Victims Scheme, 2025) entitles a road accident victim to cashless treatment up to a prescribed amount at a network hospital during the golden hour, regardless of fault -- a distinct, immediate medical-cost remedy separate from the later compensation claim.
Fixed compensation for a hit-and-run accident
Claims Tribunal, via the government-administered Solatium Scheme
Section 161 lets a victim (or dependants, in a fatality) of an accident caused by an unidentified vehicle claim a fixed, statutorily-set amount from the Solatium Fund -- a limited safety net where the at-fault vehicle or driver cannot be traced at all.
If the person riding the bike/driving the car died in the accident, who pays compensation -- their own insurance or the other vehicle's insurer?
It depends who caused the accident. If a third party's negligence caused it, the claim is against that vehicle's owner, paid by THEIR insurer under compulsory third-party liability cover (compulsory under s.146, MV Act). If the deceased was themselves at fault or it was a single-vehicle accident, a fault-based third-party claim generally isn't available -- compensation would then depend on the deceased's own personal accident cover, or the fixed no-fault compensation under s.164, payable regardless of fault.
Does it matter if the person who died didn't have a valid driving license?
Less than most people assume, for a THIRD PARTY's own claim. In National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297 -- reaffirmed in Shamanna v. Oriental Insurance Co., (2018) 9 SCC 650 -- the Supreme Court held the insurer must still first pay the innocent third-party claimant even where the driver had no valid licence, then separately recover that amount from the insured owner ('pay and recover'). It works differently for the deceased's OWN claim under their own policy, where an insurer can more readily contest on the ground the policyholder was driving without a valid licence.
Whose name does the vehicle need to be registered in for a claim to succeed -- does it matter if I was riding my brother's bike?
The claim is filed naming the vehicle's actual registered owner and their insurer, regardless of who was riding -- so your right to claim as a victim or dependant doesn't depend on the vehicle being in your own name. One nuance: if the deceased was NOT the registered owner and was using the vehicle without the owner's knowledge or consent, this can affect the OWNER's own liability exposure, since compulsory cover is tied to use by, or with the consent of, the insured owner.
Does the insurance company automatically know about the accident, or do I have to inform them myself?
No, the insurer does not automatically find out -- you or the vehicle owner must proactively inform them as soon as possible, since delayed intimation is commonly treated as grounds to question a claim. A police FIR also matters heavily, since insurers and courts rely on it during the compensation decision.
What if the vehicle didn't have valid insurance at all?
If the at-fault vehicle has no valid insurance, liability generally falls on its owner/driver personally, which can leave a victim struggling to recover. In a genuine hit-and-run where the vehicle can't be identified, a claimant can approach the government-administered hit-and-run compensation scheme for a fixed, statutorily-set amount -- a real but limited safety net, not full compensation.
Governing law: Motor Vehicles Act, 1988 (s.166), as amended in 2019
Source: Motor Vehicles Act, 1988, ss.161-164, 166; National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680; National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297.
Aadhrix does not decide which route applies to you. This describes the official process as published — consider an advocate for advice specific to your situation.