How to File a Motor Accident (MACT) Compensation Claim in Delhi

A road accident can leave a victim with lasting injury, or a family without its earning member. The Motor Accidents Claims Tribunal (MACT) exists to award fair compensation in such cases. This guide explains who can claim, the time limit, the documents you need, and how compensation is worked out.

If you would like us to handle your claim end to end, our motor accident claim lawyers can act for you.

What is a MACT claim?

MACT is a special tribunal set up under the Motor Vehicles Act, 1988 (as amended by the Motor Vehicles (Amendment) Act, 2019) to decide compensation for death, injury or property damage caused by a motor vehicle. It is a civil remedy — it runs separately from, and in addition to, any criminal case (such as one for rash and negligent driving) arising from the same accident.

There are two main routes:

Route	Section	Nature
Fault-based claim	Section 166	Full, “just” compensation where negligence of the driver/owner is shown
No-fault / structured claim	Section 164	A fixed sum without proving fault — Rs 5,00,000 for death and Rs 2,50,000 for grievous injury (introduced by the 2019 Act, replacing the old Section 163A)

Who can file a claim?

• The injured person themselves.
• In the event of death, the legal representatives or dependants of the deceased (spouse, children, parents).
• The owner of damaged property.

Time limit — this changed in 2019

This is the single most important deadline to know. Between 1994 and 2019 there was no limitation period for MACT claims. The Motor Vehicles (Amendment) Act, 2019 reinstated a six-month limit under Section 166(3): an application should ordinarily be filed within six months of the accident. Do not delay — speak to a lawyer as soon as you are able.

Where to file

The claim is filed before the Tribunal that has jurisdiction over:

• the place where the accident occurred, or
• the place where the claimant resides or carries on business, or
• the place where the defendant (owner/insurer) resides.

In Delhi, MACT benches sit in the district courts.

Documents required

• Copy of the FIR and the police charge sheet / mechanical inspection report
• Vehicle and insurance particulars of the offending vehicle
• For injury: medical records, bills, and a disability certificate from a government hospital
• For death: post-mortem report and death certificate
• Proof of income of the injured/deceased (salary slips, ITR, business records)
• Identity and address proof of the claimants and proof of relationship to the deceased
• Photographs of the accident site/vehicle, where available

How compensation is calculated

For death claims, the courts follow the framework laid down by the Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi (2017) and Sarla Verma v. DTC (2009):

1. Loss of dependency = (Annual income + future prospects − personal/living expenses) × multiplier.
2. Future prospects are added to income — broadly 40% where the deceased was under 40 in stable employment, 25% for ages 40–50, and 10–15% for 50–60 (with adjusted figures for the self-employed).
3. Personal expenses of the deceased are deducted (commonly 1/3, 1/4 or 1/5 depending on the number of dependants — Sarla Verma).
4. The multiplier is chosen from the age-based table in Sarla Verma (highest for the young, reducing with age).
5. To this are added the conventional heads fixed in Pranay Sethi — loss of estate, funeral expenses, and loss of consortium.

For injury claims, compensation covers medical expenses (past and future), loss of earning during treatment, loss of future earning capacity due to disability, and an amount for pain and suffering.

Hit-and-run cases

Where the offending vehicle cannot be traced, compensation is paid from a Government scheme. Under the 2022 hit-and-run compensation scheme, the amounts are Rs 2,00,000 for death and Rs 50,000 for grievous hurt.

The process in brief

1. File the claim petition before the appropriate Tribunal within the limitation period.
2. The Tribunal issues notice to the driver, owner and insurer.
3. Evidence is led on how the accident happened, negligence, and the quantum of loss.
4. The Tribunal passes an award; the insurer generally pays first and may recover from the owner in limited situations (“pay and recover”).
5. Interest is usually awarded from the date of the petition.

Disclaimer: This is general information, not legal advice. Compensation depends on the specific facts of each case. Please consult our lawyers for advice on your situation.