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🚗 Motor Accident · Motor Vehicles Act 1988

How Do I File a Motor Accident Compensation Claim (MACT)?

Nyaya Saathi Legal Guides · Motor Vehicles Act, 1988 (Amended 2019) — Sections 140, 163-A, 166
You can claim compensation before the Motor Accident Claims Tribunal (MACT) without a lawyer. File an FIR immediately, get a Medico-Legal Certificate, and apply for no-fault interim compensation under Section 140 while your full claim — calculated using the Sarla Verma formula — proceeds through the Tribunal.

Step 1: File the FIR immediately

File an FIR at the nearest police station within 24 hours of the accident and get a copy. If injured, go to a government hospital first — they'll prepare a Medico-Legal Certificate (MLC), which is essential for your claim.

Step 2: Get no-fault interim compensation

Apply under Section 140 (no-fault liability) to the MACT immediately — you don't need to prove the other driver was at fault. You'll get ₹50,000 for permanent disability or ₹25,000 for grievous hurt, deducted later from your final award.

Step 3: Calculate your compensation

The Sarla Verma formula generally applies: monthly income plus future prospects (50% addition if under 40, 30% for ages 40-50), minus personal expenses (1/3 for a single dependent, 1/4 for two or more dependents). Multiply the resulting annual dependency loss by the MACT multiplier for your age, then add medical expenses and compensation for pain and suffering.

Step 4: File the claim petition

File a written petition under Section 166 at the MACT in the district where the accident occurred, or where you live. Name the vehicle owner, driver, and insurance company as respondents. You can appear in person — no lawyer required.

Step 5: Track and enforce the award

After the hearing, the MACT passes an award, and the insurer must pay within 30 days. If they don't, you can file an execution petition before the same MACT — the award is enforceable like a court decree.

Documents you'll need

Get a lawyer if the insurer disputes liability, or if the claim involves permanent disability above 50% — those situations tend to be contested more heavily. Note also that third-party insurance is mandatory, and the insurer must compensate even if their own insured driver is at fault.

Frequently asked questions

Do I need a lawyer to file a motor accident claim?
No — you can appear before the MACT in person.
What is no-fault liability in a motor accident claim?
Under Section 140, you can claim interim compensation without proving the other driver's fault.
How is motor accident compensation calculated?
Typically via the Sarla Verma formula — income, future prospects, personal expenses, and the MACT age multiplier.
Where do I file a MACT claim petition?
In the Tribunal where the accident occurred or where you live, under Section 166.
What is the minimum compensation for a hit-and-run accident?
₹2 lakh for death, ₹50,000 for grievous injury, from the Solatium Fund.

Sources checked

  1. Legal Vidhiya — Liabilities Under the Motor Vehicles Act, 1988
  2. Bhatt & Joshi Associates — Section 166 of the Motor Vehicles Act
  3. Sarla Verma v. DTC, (2009) 6 SCC 121; National Insurance Co. v. Pranay Sethi, (2017) 16 SCC 680 — on the multiplier formula
Need to calculate your claim? Nyaya Saathi runs the Sarla Verma calculation and drafts your MACT claim petition from your details.
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