Understanding claims for accident
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.
In cases of death or injury
Victims and families involved in accidents resulting in death or injury can file an application to the Motor Accidents Claims Tribunal to claim compensation.After any accident ending in death or injury, you are entitled to file for compensation under different schemes depending on the nature of your accident. Read below to learn more about how to file.
What is the Motor Accidents Claims Tribunal (MACT)?
The purpose of MACT is to settle claims for compensation of victims of motor vehicle accidents. It is Established under the Motor Vehicles Act (MV hereinafter), and is like a Civil Court (with the same powers of a civil court).
The MACT treats such an application by giving the parties an opportunity of being heard and holding an inquiry in to the claim. It makes an award deciding the amount of compensation to be paid to victim/claimant and the amount to be paid by the insurer. The victim must make an application to the MACT in a particular form and carry the essential documents for proof and verification purposes.
Who all can file a claim for compensation?
This scheme is not applicable for hit and run cases.
• Physical Injury/Disablement – A person who has been injured in accidents on the road can themselves file for compensation or file their claims through an advocate as well.
• Death – The legal heirs (click here to know who is a legal heir) of people who have died in accidents can file compensation claims directly or through their advocate.
An accident victim below 18 can file for compensation through an advocate only.
Which particular MACT should I file my application in?
• The MACT in the jurisdiction where the accident took place (local limits – the defined area within a state);
• The MACT within the local limits (of whose jurisdiction) where the claimant resides or carries business; or
• The MACT within the local limits (of whose jurisdiction) the accused (defendant) resides.
In cases of hit and run accidents
If your accident involved a hit and run, you are eligible to apply for additional compensation under the Solatium Scheme. Below is the application for compensation which must be made to the Claim Enquiry Officer at the Taluka level in the form.
Who all can file a claim for compensation?
• Physical Injury due to hit and run – A person who has been injured in accidents on the road can themselves file for compensation or file their claims through an advocate as well.
• Death due to hit and run – The legal heirs (click here to know who is a legal heir) of people who have died in accidents can file compensation claims directly or through their advocate.
Documents needed to file a claim application for compensation in all cases
1. Copy of the FIR registered in connection with the accident.
2. Copy of Panchnama (which is the list of damages that have been drawn by police in the presence of witnesses).
3. Copy of the MLC/Post Mortem Report/Death Report as the case may be.
4. Identification Proof (documents) of the claimant and of the deceased in a death case.
5. Original Bills of Expenses – Incurred on the treatment, along with the treatment record.
6. Documents of the Educational Qualifications of the deceased, if any.
7. Disability Certificate, if already obtained, in cases of physical injury/disablement.
8. Proof of income of the deceased/injured
9. Proof of Age (documents) of the victim.
10. Cover note of the Third Party Insurance Policy, if any.
11. Affidavit – detailing the relationship of claimant with the deceased.
12. RTO Certificate (with Name, Address of Owner and Insurance particulars of the vehicles involved in the accident.)
13. Passport-Size Photograph.
14. Court-Fee Stamp (Rs. 10 for a claim less than Rs. 5000; 1/4th percent of the claim – if between Rs 5000 – Rs. 50000; 1/2 percent of the claim – if between Rs 50000 – Rs 100000; and 1% of the claim to a maximum of Rs 15000 – if more than Rs. 100000)