MACT Lawyers in Delhi | Motor Accident Claims Tribunal & Compensation
Our Expertise
- Motor Accident Compensation Claims
- Third-Party Insurance Claims
- Hit-and-Run Case Claims
- Death Compensation for Dependents
- Injury & Disability Claims
What is MACT?
Motor Accidents Claims Tribunal (MACT) is a specialized court created under the Motor Vehicles Act, 1988 to handle compensation claims arising from motor vehicle accidents. It provides a faster remedy compared to civil courts for accident victims and their families.
| Aspect | Details |
|---|---|
| Established Under | Motor Vehicles Act, 1988 |
| Purpose | Compensation for accident victims |
| Types of Claims | Death, Injury, Property Damage |
| Defendants | Driver, Owner, Insurance Company |
| Appeal Forum | High Court (within 90 days) |
| Limitation | No strict time limit (but delay needs explanation) |
Types of MACT Claims
| Claim Type | Who Can Claim | Compensation Includes |
|---|---|---|
| Death Claim | Legal heirs/dependents | Loss of income, funeral expenses, consortium |
| Injury Claim | Injured person | Medical expenses, lost wages, pain & suffering |
| Disability Claim | Injured person | Future loss of earnings, treatment costs |
| Property Damage | Property owner | Repair/replacement costs |
Who Can File MACT Claim?
Under Section 166 of Motor Vehicles Act, 1988:
| Claimant | Scenario |
|---|---|
| Injured Person | If survived the accident |
| Property Owner | For vehicle/property damage |
| Legal Heirs | In case of death (spouse, children, parents) |
| Legal Representatives | On behalf of injured/deceased |
| Authorized Agent | Lawfully appointed agent |
Our MACT Services
Claim Filing Services
| Service | Description |
|---|---|
| Case Assessment | Evaluate claim strength and compensation estimate |
| Documentation | Gather all required documents |
| Petition Drafting | Prepare comprehensive claim petition |
| Filing | Submit before appropriate MACT |
Litigation Services
| Service | Description |
|---|---|
| Tribunal Representation | Appear before MACT |
| Evidence Presentation | Present medical, income, and other evidence |
| Cross-Examination | Challenge insurance company witnesses |
| Arguments | Legal submissions for maximum compensation |
Post-Award Services
| Service | Description |
|---|---|
| Award Execution | Ensure payment of compensation |
| Appeal (if needed) | Challenge inadequate awards in High Court |
| Settlement Negotiation | Negotiate with insurance companies |
Compensation Calculation
Death Cases
| Component | Calculation Basis |
|---|---|
| Loss of Dependency | Annual income × Multiplier (based on age) |
| Loss of Consortium | Rs. 40,000 - Rs. 1,00,000 |
| Loss of Love & Affection | For each dependent |
| Funeral Expenses | Actual or standard amount |
| Medical Expenses | Pre-death treatment costs |
| Loss of Estate | Standard amount |
Injury Cases
| Component | Description |
|---|---|
| Medical Expenses | All treatment costs (past & future) |
| Loss of Income | During treatment period |
| Future Loss of Earnings | Based on disability percentage |
| Pain & Suffering | Court’s discretion |
| Disfigurement | If applicable |
| Attendant Charges | If required for care |
Multiplier Method (Supreme Court Guidelines)
| Age of Deceased | Multiplier |
|---|---|
| Up to 15 years | 15 |
| 16-20 years | 16 |
| 21-25 years | 17 |
| 26-30 years | 18 |
| 31-35 years | 17 |
| 36-40 years | 16 |
| 41-45 years | 15 |
| 46-50 years | 13 |
| 51-55 years | 11 |
| 56-60 years | 8 |
| 61-65 years | 5 |
| Above 65 years | 5 |
Third-Party Insurance Claims
Under the Motor Vehicles Act, third-party insurance is mandatory for all vehicles. The owner is liable for any harm caused to third parties.
| Aspect | Coverage |
|---|---|
| Bodily Injury | Medical expenses, lost wages, disability |
| Death | Compensation to dependents |
| Property Damage | Vehicle and property repair costs |
| Legal Liability | Defense costs |
Making a Third-Party Claim
| Step | Action |
|---|---|
| 1 | Report accident to police immediately |
| 2 | Get details of offending vehicle (registration, insurance) |
| 3 | Collect medical records and bills |
| 4 | File claim petition in MACT |
| 5 | Pursue compensation from insurer |
Hit-and-Run Cases
When the offending vehicle cannot be identified, victims can claim from the Solatium Fund managed by General Insurance Companies.
| Aspect | Details |
|---|---|
| Claim Authority | Claims Enquiry Officer (CEO) |
| Where to Apply | Sub-Division/Taluka of accident location |
| Fund Source | Contributions from insurance companies |
| Compensation | Fixed amounts as per government notification |
Hit-and-Run Compensation
| Category | Amount |
|---|---|
| Death | Rs. 50,000 (or as notified) |
| Grievous Injury | Rs. 25,000 (or as notified) |
MACT Claim Process
| Step | Stage | Timeline |
|---|---|---|
| 1 | FIR/Police Report | Immediate |
| 2 | Medical Treatment & Records | Ongoing |
| 3 | Claim Petition Filing | After treatment stabilizes |
| 4 | Summons to Defendants | 1-2 months |
| 5 | Written Statement by Insurer | 30-90 days |
| 6 | Evidence & Documents | 3-6 months |
| 7 | Arguments | After evidence |
| 8 | Award/Judgment | Varies (1-3 years typically) |
| 9 | Appeal (if any) | Within 90 days |
Documents Required for MACT Claim
Death Cases
| Document | Purpose |
|---|---|
| FIR Copy | Prove accident occurred |
| Post Mortem Report | Cause of death |
| Death Certificate | Proof of death |
| Identity Proof (deceased) | Establish identity |
| Age Proof (deceased) | For multiplier calculation |
| Income Proof | Salary slips, ITR, certificates |
| Relationship Proof | To establish dependency |
| Legal Heir Certificate | Right to claim |
| Medical Bills | Pre-death treatment expenses |
Injury Cases
| Document | Purpose |
|---|---|
| FIR Copy | Prove accident occurred |
| MLC (Medico-Legal Case) | Initial medical examination |
| All Medical Records | Treatment history |
| Discharge Summary | Hospital treatment details |
| Medical Bills & Receipts | Claim reimbursement |
| Disability Certificate | Permanent disability proof |
| Income Proof | For loss of income calculation |
| Photographs | Show injuries/condition |
Liability in MACT Cases
| Party | Liability |
|---|---|
| Vehicle Owner | Vicarious liability for driver’s negligence |
| Driver | Direct liability for negligent driving |
| Insurance Company | Liability under insurance policy |
| Employer | If driver was on duty |
Defenses Available to Insurance Company
| Defense | When Applicable |
|---|---|
| Policy Violation | Drunk driving, unlicensed driver |
| Invalid License | Driver without valid DL |
| Policy Expiry | Insurance not valid at accident time |
| Breach of Conditions | Policy terms violated |
Note: Even if insurer proves defense, they must pay victim first and recover from owner later (Section 149)
Frequently Asked Questions
Q: What is the time limit for filing MACT claim?
A: There is no strict limitation period for MACT claims. However, unusual delay may require explanation to the Tribunal. It’s advisable to file as soon as possible while evidence is fresh.
Q: Can I claim compensation if the accident was partly my fault?
A: Yes, under the principle of contributory negligence, compensation may be reduced proportionally based on your share of fault, but you can still claim.
Q: How long does it take to get compensation?
A: MACT cases typically take 1-3 years. However, interim compensation can be sought for urgent needs. Settlement with insurance companies may provide faster resolution.
Q: What if the vehicle was uninsured?
A: You can still claim from the vehicle owner directly. For hit-and-run or uninsured vehicles, you may claim from the Solatium Fund through the Claims Enquiry Officer.
Q: Can I appeal against MACT award?
A: Yes, appeals can be filed in the High Court within 90 days of the MACT award. The High Court may extend this period if sufficient cause is shown.
Q: What is interim compensation?
A: Interim compensation is advance payment ordered by MACT during pendency of the case for urgent medical treatment or financial needs. This is later adjusted in the final award.
Why Choose Us for MACT Cases?
| Benefit | Description |
|---|---|
| MACT Experience | Extensive experience in accident claims |
| Maximum Compensation | Fight for highest possible award |
| Documentation Help | Assist with all paperwork |
| Insurance Negotiation | Experienced dealing with insurers |
| Court Representation | Strong advocacy in Tribunal |
| No Win, No Fee | Contingency fee options available |
Our Approach
| Step | What We Do |
|---|---|
| 1 | Free Consultation - Assess your case |
| 2 | Documentation - Collect all evidence |
| 3 | Claim Calculation - Estimate fair compensation |
| 4 | Filing - Submit comprehensive petition |
| 5 | Prosecution - Present strongest case |
| 6 | Recovery - Ensure you receive compensation |
Related Services
Contact Us
Our experienced MACT lawyers in Delhi can help you with:
- Accident Compensation: Maximum claims for victims
- Death Claims: For families of deceased victims
- Injury Claims: Medical expenses and lost income
- Insurance Disputes: Fight unfair claim denials
- Hit-and-Run: Solatium Fund claims
Been in an Accident? Don’t let insurance companies deny or reduce your rightful compensation. Contact us for expert MACT representation and get the settlement you deserve.
Disclaimer: Compensation amounts vary based on individual circumstances, evidence, and court discretion. This information is for general guidance only. Consult our lawyers for advice specific to your accident claim.