Delhi's roads see thousands of accidents every year, and behind each serious one is a family facing hospital bills, lost income and, too often, the loss of a breadwinner. The Motor Vehicles Act gives victims and families a right to compensation from the owner, driver and insurer of the vehicle, decided by the Motor Accidents Claims Tribunals in Delhi's district courts. This guide explains what to do immediately after an accident, cashless treatment for the first seven days, the police accident reports that now start most claims, how compensation is calculated for death and injury using the multiplier method, the fixed amounts available without proving fault and for hit-and-run cases, the time limit and the Supreme Court's 2025 order on delay, insurance company defences, appeals, Lok Adalat settlements, and the criminal case against the driver. Share your situation in the form and an enrolment-checked advocate can call you, at no charge to you.
If you or a family member is injured or killed in a road accident in Delhi, you can claim compensation from the vehicle\'s owner, driver and insurer before the Motor Accidents Claims Tribunal (MACT) of the area where the accident happened, where you live, or where the defendant lives, under section 166 of the Motor Vehicles Act, 1988. In Delhi, the police are expected to send an accident information report to the tribunal within 48 hours and a detailed accident report within about three months, which often starts the claim. Compensation is calculated on income, age, dependants and future prospects using the multiplier method laid down by the Supreme Court, plus fixed amounts for funeral, loss of estate and consortium; injury claims cover treatment, lost earnings, disability, pain and suffering. Fixed amounts are payable without proving fault (Rs 5 lakh for death and Rs 2.5 lakh for grievous hurt), and for hit-and-run cases (Rs 2 lakh and Rs 50,000). Victims get cashless treatment up to Rs 1.5 lakh for seven days. The statute says to file within six months, but in 2025 the Supreme Court directed tribunals not to reject claims merely for delay.
When a motor vehicle causes death or injury, the law gives the victim or the family a civil claim for compensation, separate from any criminal case against the driver. Because almost every vehicle on Delhi's roads must carry third-party insurance, the compensation is usually paid by the insurance company. Claims are decided by Motor Accidents Claims Tribunals (MACTs), specialised forums presided over by judicial officers, which in Delhi sit in each district court complex.
MACT proceedings are meant to be summary and beneficial. The tribunal can follow its own procedure, the strict rules of evidence are relaxed, and the aim is "just compensation" for the victim, not punishment of the driver. Over the years, the country's top courts, with the Delhi High Court leading on procedure, have built detailed formulas for calculating compensation, and Delhi in particular has pioneered procedures in which the police collect the documents and the insurer makes an offer early, so that many claims settle without a long trial.
| Situation | Claimant |
|---|---|
| Injury | The injured person (through a guardian if a minor) |
| Death | All legal representatives of the deceased: spouse, children, parents, and others dependent on the deceased |
| Damage to property | The owner of the damaged property |
| Any of the above | An authorised agent of the injured person or legal representatives |
The claim is made against the driver, the owner and the insurer of the offending vehicle. Where more than one vehicle is at fault, all their owners, drivers and insurers can be joined. The insurer's liability depends on the policy; for third-party risks, it is generally unlimited for death and bodily injury.
Section 134A of the Motor Vehicles Act protects people who help accident victims in good faith. They cannot be held liable for any injury or death resulting from their help, need not disclose their identity, and cannot be forced to be witnesses. Bystanders should not hesitate to take victims to hospital.
Under section 162 of the Motor Vehicles Act, the Central Government notified the Cashless Treatment of Road Accident Victims Scheme, 2025, effective from 5 May 2025. Any person who is a victim of a road accident involving a motor vehicle, on any road, is entitled to cashless treatment up to Rs 1.5 lakh per victim for a maximum of seven days from the date of the accident at designated hospitals. At non-designated hospitals, treatment is limited to stabilisation as per the scheme's guidelines. The National Health Authority implements the scheme in coordination with the police, hospitals and state agencies.
In practice, families should tell the hospital at admission that the patient is a road accident victim and ask whether the hospital is designated under the scheme. Keep the FIR or accident details handy, since the scheme works through the police and the hospital confirming the accident. Treatment beyond the cover or after seven days can still be claimed later as medical expenses in the MACT claim.
Delhi pioneered a procedure in which the police, not the victim, gather the documents needed to decide compensation. It grew out of directions by the Delhi High Court, notably in Rajesh Tyagi v. Jaibir Singh, which developed a claims tribunal agreed procedure, and was later adopted nationally by the Supreme Court in Bajaj Allianz General Insurance v. Union of India (16 March 2021), and then built into the Central Motor Vehicles Rules in 2022.
| Stage | What happens | Typical time |
|---|---|---|
| First Accident Report | Investigating officer informs the Claims Tribunal and the insurer about the accident | Within 48 hours |
| Interim reports | Further information is collected and shared | Within weeks |
| Detailed Accident Report (DAR) | Police collect and verify documents about the accident, the vehicle, the driver's licence, insurance, the victim's age, income, injuries and dependants, and file them with the tribunal and insurer | Within about three months |
| Insurer's response | The insurer nominates a designated officer, examines the report and may make an offer of compensation | After the DAR |
| Tribunal hearing | The tribunal treats the DAR as a claim, records the claimant's evidence and either approves a settlement or decides the claim | Months, depending on contest |
Section 166(4) of the Motor Vehicles Act says the tribunal shall treat the accident report forwarded by the police as an application for compensation. So even families who never file their own petition can see a claim begin. In practice, many families still engage an advocate to make sure the income, dependency and medical details in the DAR are complete and correct, because errors at this stage reduce compensation.
Under section 166(2), the claim can be filed before the tribunal having jurisdiction over the area where the accident occurred, or where the claimant resides or carries on business, or where the defendant resides. Claims tribunals in Delhi function inside the district court buildings at Tis Hazari, Saket, Karkardooma, Rohini, Dwarka and Patiala House. A family living in Bihar whose relative died in Delhi can file in Delhi or in their home district.
The 2019 amendment introduced section 166(3), saying no application shall be entertained unless made within six months of the accident. This caused hardship, since many families learn of their rights late. In ICICI Lombard General Insurance v. Ayiti Navaneetha (November 2025), as reported, the Supreme Court stayed the operation of that deadline and directed tribunals and High Courts not to reject claims of road accident victims merely on the ground of delay. Until the Court finally decides the issue, claims filed after six months should not be thrown out for delay alone, but filing as early as possible remains wise.
There is no court fee on MACT claims in most cases. Claims based on no-fault liability under section 164 can be decided quickly, and the claimant does not have to prove negligence for that fixed amount.
For fatal accidents, tribunals use the multiplier method developed in Sarla Verma v. Delhi Transport Corporation (2009), a case from Delhi, and refined by a Constitution Bench in National Insurance Co. v. Pranay Sethi (2017).
Start with the deceased's annual income, proved through salary slips, tax returns or other evidence. Where income cannot be proved, tribunals use minimum wages for the relevant category of worker under Delhi's notified rates, or a notional income suited to the person's education and work. For homemakers, the Supreme Court in Kirti v. Oriental Insurance (2021) emphasised that the value of their work must be fairly assessed with a notional income.
Under Pranay Sethi, an addition is made for future prospects:
| Age of deceased | Permanent job | Self-employed or fixed salary |
|---|---|---|
| Below 40 | 50 per cent | 40 per cent |
| 40 to 50 | 30 per cent | 25 per cent |
| 50 to 60 | 15 per cent | 10 per cent |
| Above 60 | Nil | Nil |
A part of the income would have been spent by the deceased on himself or herself, and is deducted. Under Sarla Verma, for a married person the deduction is one-third where there are two or three dependants, one-fourth for four to six dependants, and one-fifth for more than six; for a bachelor, normally one-half.
The annual loss of dependency is multiplied by a figure based on the age of the deceased, from 18 for ages 15 to 25, falling by steps to 5 for ages above 65, under the Sarla Verma table.
| Age | Multiplier |
|---|---|
| Up to 25 | 18 |
| 26 to 30 | 17 |
| 31 to 35 | 16 |
| 36 to 40 | 15 |
| 41 to 45 | 14 |
| 46 to 50 | 13 |
| 51 to 55 | 11 |
| 56 to 60 | 9 |
| 61 to 65 | 7 |
| Above 65 | 5 |
Pranay Sethi fixed loss of estate at Rs 15,000, funeral expenses at Rs 15,000 and loss of consortium at Rs 40,000, to be increased by 10 per cent every three years. In Magma General Insurance v. Nanu Ram (2018), the Court held that consortium includes spousal, parental and filial consortium, so each eligible spouse, child and parent may receive it. With the periodic increases since 2017, tribunals now award higher figures than the original amounts.
Take a 38-year-old delivery executive earning Rs 20,000 a month, self-employed, leaving a wife and two children. Annual income Rs 2,40,000; add 40 per cent future prospects, giving Rs 3,36,000; deduct one-third for personal expenses, leaving Rs 2,24,000; multiply by 15, giving Rs 33,60,000 for loss of dependency. Add loss of estate, funeral expenses and consortium for the wife and each child at current enhanced rates, and interest from the date of the claim. This is only an illustration of the method; actual awards depend on proof and the tribunal's findings.
Injury claims are assessed under two broad groups of heads, as the Supreme Court explained in Raj Kumar v. Ajay Kumar (2011).
Permanent disability is usually proved by a disability certificate from a medical board of a government hospital, and the doctor may be examined. Tribunals distinguish between physical disability (as a percentage of the body) and functional disability (its effect on earning). For example, the loss of a finger may be a small physical disability for an office worker but a large functional disability for a tailor. Courts have repeatedly held that the functional effect on earning capacity is what matters for loss of future earnings.
For children and students who were not earning, tribunals assess notional income, often by reference to minimum wages or the likely career, and the Supreme Court has disapproved of unrealistically low notional figures for children in several decisions.
After the 2019 amendment, section 164 makes the owner and insurer liable to pay fixed compensation of Rs 5 lakh for death and Rs 2.5 lakh for grievous hurt, without the claimant having to plead or prove negligence. This amount is adjusted against any larger compensation later awarded on proof of fault under section 166. A claimant can choose to pursue the fixed claim, which is quicker, or the fault-based claim, which can yield more; if compensation is claimed under section 164, the claimant cannot also pursue a section 166 claim for the same accident beyond what the law allows, so the choice should be made with advice.
Where the vehicle cannot be traced, the victim or family can claim from the Motor Vehicle Accident Fund under section 161: Rs 2 lakh for death and Rs 50,000 for grievous hurt, through the claims enquiry officer and settlement commissioner designated under the scheme. If the vehicle is later traced, a regular claim may be possible, with adjustment of the amount received.
If the vehicle was uninsured, the owner and driver are personally liable. Tribunals can attach the vehicle and other property of the owner to recover the award. The Motor Vehicle Accident Fund also covers some cases of uninsured vehicles under the scheme.
Insurers commonly contest claims on grounds set out in section 150 (formerly section 149) of the Motor Vehicles Act:
They also dispute negligence, income, dependency, age, disability percentages and medical bills.
Even where the insurer proves a breach of policy conditions, courts often direct it to pay the third-party victim first and recover the amount from the owner later, following National Insurance Co. v. Swaran Singh (2004) and later decisions. This protects victims from being left without compensation because of the owner's fault.
If the victim was also negligent, for example riding without a helmet or on the wrong side, compensation may be reduced in proportion to the victim's share of fault (contributory negligence). If two vehicles together caused the accident to a third person, both are jointly liable (composite negligence), and the victim can recover the whole amount from either.
The tribunal passes an award specifying the compensation, the persons liable and the share of each claimant. Interest is usually awarded from the date of filing the claim until payment, at a rate fixed by the tribunal. The insurer is directed to deposit the amount within a fixed time.
For large awards, especially to widows, minors and elderly claimants, Delhi tribunals often direct that part of the money be kept in fixed deposits or annuity deposits with banks, with monthly payments to the claimant, rather than released at once. This practice, developed in Delhi under the Motor Accident Claims Annuity Deposit scheme and similar arrangements, protects families from losing compensation to pressure or poor investments. Minors' shares are usually kept until majority.
An appeal against an award lies to the Delhi High Court under section 173 within 90 days. An owner or insurer appealing must deposit Rs 25,000 or 50 per cent of the award, whichever is less, under the amended provision. Claimants can also appeal for enhancement. The High Court's MACT appeals are a significant part of its work, and it often corrects calculation errors.
Many MACT claims in Delhi settle through mediation, the claims tribunal's own settlement process after the DAR, or Lok Adalats, where insurers bring offers on pending claims. A Lok Adalat settlement is final and binding, and no appeal lies. Families should compare any offer against what the tribunal would likely award, with an advocate's help, before accepting. Our page on the National Lok Adalat in Delhi explains how these sittings work.
Alongside the compensation claim, the driver may be prosecuted. Under the Bharatiya Nyaya Sanhita, 2023, causing death by a rash or negligent act is punishable under section 106(1) with up to five years and fine. Section 106(2), which provides higher punishment for a driver who causes death by rash and negligent driving and escapes without reporting, led to protests by transporters in January 2024, after which the government announced that it would be applied only after consultation; check its current status. Rash driving and causing hurt or grievous hurt by negligence are also offences.
The criminal case and the MACT claim are independent: the tribunal decides negligence on a balance of probabilities and does not wait for the criminal trial, and an acquittal does not automatically defeat a compensation claim. The FIR and charge sheet, however, are useful evidence before the tribunal. If you are the driver and fear arrest, see our guide on anticipatory bail in Delhi.
Each story below is invented from common patterns, to show how claims play out.
A 38-year-old self-employed delivery executive dies after a truck hits his motorcycle. The FIR is registered and the police file the first accident report with the North West district tribunal at Rohini within two days. His widow gives the investigating officer his Aadhaar, bank statements showing average earnings, and the children's birth certificates. The DAR is filed within three months; the insurer's designated officer makes an offer based on minimum wages. Her advocate shows higher actual earnings through bank records, and the tribunal awards compensation using a 40 per cent future prospects addition, a one-third deduction and a multiplier of 15, plus consortium for the widow and both children. Part of the award is placed in annuity deposits.
A 20-year-old student suffers a leg fracture with 30 per cent permanent physical disability after a car hits her at a crossing. She claims medical expenses, attendant charges, loss of studies, future earning capacity on a notional income, pain and suffering and loss of amenities. The insurer argues contributory negligence because she was crossing away from the zebra line; the tribunal reduces compensation modestly for her share of fault but awards the rest.
A 55-year-old pedestrian is killed by an untraced vehicle at night. His family claims Rs 2 lakh from the Motor Vehicle Accident Fund under section 161 through the designated claims officer, while the police continue searching. Months later, CCTV leads to the car; the family files a regular claim, with the hit-and-run amount to be adjusted.
An elderly man is injured by a two-wheeler whose insurance had lapsed. The tribunal holds the owner and rider liable and orders attachment of the vehicle and the owner's bank account to recover the award. The family also receives cashless treatment for the first week under the 2025 scheme.
A good accident claims advocate can make a large difference to the amount awarded, mostly by proving income, dependency and disability properly. Qualities worth looking for:
Describe the accident in the form on this page and Delhi advocates with verified enrolment who handle accident claims can call you. Being connected is free; fees are settled directly with the advocate you choose. Mara Vakil's paid document services include legal heir certificates and succession certificates, which families sometimes need for releasing compensation or other assets of the deceased. You can also read about getting an FIR registered or browse lawyers in Delhi.
Most of the difference between a modest award and a fair one comes down to evidence. Tribunals can only award what is proved, and insurers contest every figure that is not supported.
| Type of work | Best evidence |
|---|---|
| Salaried employee | Salary certificate, slips, Form 16, bank credits, appointment letter; the employer's witness if needed |
| Government employee | Pay slip, service book entries, and proof of increments and retirement age for future prospects |
| Self-employed or shopkeeper | Income tax returns for recent years, GST returns, bank statements, shop registration, account books |
| Gig and delivery worker | Platform payout statements, bank credits, app screenshots, ID with the platform |
| Daily wage worker | Employer or contractor's statement, co-workers' evidence; otherwise minimum wages apply |
| Homemaker | Evidence of household role and family size, to support a fair notional income |
| Student | Education records and career prospects, for notional income |
School certificates and birth certificates are the most reliable age proofs; Aadhaar may be accepted but its date of birth is sometimes disputed. Dependency is shown through family documents, ration cards, and evidence that the deceased supported the claimants.
Keep every bill, prescription and receipt, including pharmacy and physiotherapy bills. For disability, obtain a certificate from a medical board and be ready to examine the doctor. For future treatment, a doctor's estimate helps.
Claims against DTC and cluster buses, trucks, tempos, taxis and app-based cabs follow the same principles. Owners of commercial vehicles are often companies or contractors, and the insurer's liability may depend on permit conditions. Government-owned vehicles are the responsibility of the department or corporation as owner.
Because a claim can be filed where the claimant lives, a Delhi family can file in Delhi even if the accident happened on a highway in another state, which saves travel and makes it easier to attend hearings.
Children, students, homemakers and elderly parents who were not earning are still compensated, using notional income and conventional heads. Tribunals have increasingly recognised that the value of a homemaker's work and a child's future cannot be treated as negligible.
Where the deceased had a spouse, children and parents, the tribunal apportions the compensation among them, usually giving larger shares to those most dependent. Disputes between a widow and in-laws, or between children of different marriages, are decided by the tribunal on the evidence of dependency.
A driver injured through his own negligence cannot claim third-party compensation against his own vehicle's insurer, but may be covered by a personal accident cover in the policy. An employee driver injured in the course of employment may also have a claim under employees' compensation law.
Employees travelling in goods vehicles in the course of work, such as loaders, are generally covered under the statutory policy for employees, subject to its terms.
| Stage | When |
|---|---|
| Accident, FIR and first accident report to tribunal and insurer | Day 0 to 2 |
| Cashless treatment period | First seven days |
| Family gives documents to the investigating officer | First few weeks |
| Detailed Accident Report filed | Around three months |
| Insurer's response and possible offer | Weeks after the DAR |
| Settlement before the tribunal, or evidence if contested | Months |
| Award | Often within a year in uncontested matters; longer if contested |
| Deposit by insurer and release or deposit of amounts | Within the time the award fixes |
| Appeal, if any | Within 90 days of the award |
Every motor vehicle used in a public place must have at least third-party insurance. For an owner, this is not only a legal requirement but a financial shield: without it, an accident can lead to an award running into tens of lakhs against you personally.
Do not ignore the tribunal's notice. File a written statement, give your insurer the notice and documents, and be ready to show that the vehicle was insured, the driver was licensed, and the use was within the policy. If the insurer seeks to recover from you on a policy breach, you can contest that too. An ex parte award against an owner can be enforced against personal assets.
To show how different heads add up, here is an illustrative breakdown for a 30-year-old salaried employee earning Rs 30,000 a month who suffers a leg injury with 20 per cent functional disability and is off work for four months. The figures are only examples of the method, not predictions.
| Head | How it is worked out |
|---|---|
| Medical expenses | Actual bills proved, say hospital, surgery, medicines and physiotherapy |
| Loss of earnings during treatment | Four months' salary, if not paid by the employer |
| Attendant charges | A reasonable amount for the period someone had to care for the injured |
| Conveyance and special diet | Reasonable amounts based on evidence and the period of treatment |
| Loss of future earning capacity | Annual income, plus future prospects, multiplied by the functional disability percentage and the age multiplier (17 for age 30) |
| Pain and suffering | A lump sum based on the nature of injuries and treatment |
| Loss of amenities | A lump sum for reduced ability to enjoy normal activities |
| Future medical expenses | Based on medical evidence, such as a second surgery to remove implants |
| Interest | From the date of the claim until payment |
Families often worry that life insurance, provident fund or employer benefits will be deducted from the MACT award. The Supreme Court has held in several decisions, starting with Helen C. Rebello v. Maharashtra State Road Transport Corporation (1998), that amounts like life insurance proceeds, which the family receives because of the deceased's own contributions or contracts, are not to be deducted from compensation. Similar reasoning has been applied to provident fund, gratuity and some pension benefits. However, where an employer pays compensation for the same loss, or where the law specifically requires adjustment, deduction may arise. Medical reimbursement already received from an insurer or employer may also be relevant to the medical expenses head. An advocate can explain how this applies to your benefits.
Similarly, the amount received under the cashless treatment scheme or no-fault compensation is adjusted in the final award so that the same loss is not paid twice.
| Term | Meaning |
|---|---|
| Claimant | The injured person or the legal representatives of the deceased who seek compensation |
| Tortfeasor | The person whose wrongful act caused the accident, usually the driver, with the owner vicariously liable |
| Third party | Anyone other than the insured and the insurer, such as a pedestrian or occupant of another vehicle |
| Multiplier | The age-based figure by which annual loss of dependency or earnings is multiplied |
| Dependency | The financial support the claimants have lost because of the death |
| Consortium | Compensation for loss of companionship, love and care, payable to spouse, children and parents |
| Loss of estate | A conventional amount for the loss to the deceased's estate |
| Functional disability | The extent to which an injury reduces a person's capacity to earn in their own work |
| Contributory negligence | Fault on the part of the victim that contributed to the accident or injuries |
| Composite negligence | Combined fault of two or more drivers causing injury to a third person |
| Pay and recover | An order requiring the insurer to pay the victim and recover from the owner |
| DAR | Detailed Accident Report filed by police with the tribunal and insurer |
| Annuity deposit | A bank deposit from which the claimant receives monthly payments out of the award |
A Motor Accidents Claims Tribunal, which decides compensation claims for death, injury or property damage caused by motor vehicles.
In the district court complexes at Tis Hazari, Saket, Karkardooma, Rohini, Dwarka and Patiala House.
The injured person, the legal representatives of a deceased victim, the owner of damaged property, or their authorised agent.
The driver, owner and insurer of the offending vehicle.
Where the accident happened, where you live or carry on business, or where the defendant lives.
Yes, if the accident happened in Delhi or the defendant lives here; they can also file at home.
The law says six months, but in 2025 the Supreme Court stayed that and told tribunals not to reject claims merely for delay.
Generally no court fee is payable on MACT claims.
The tribunal treats the police report as a claim under section 166(4), but you should still participate and check details.
A Detailed Accident Report filed by police with the tribunal and insurer, with verified documents about the accident and victim.
Within 48 hours to the tribunal and the insurer.
Generally within about three months, under the procedure the Supreme Court approved in 2021.
Age and income proof, dependants' details, medical records, post-mortem report and death certificate, and bank details.
Treatment up to Rs 1.5 lakh for seven days at designated hospitals under the 2025 scheme.
It took effect on 5 May 2025.
Every hospital must give emergency care; full cashless treatment is at designated hospitals.
No. Section 134A protects people who help accident victims in good faith.
By income, future prospects, deduction for personal expenses and an age-based multiplier, plus conventional heads.
A 2009 Supreme Court decision from Delhi laying down the multiplier table and deduction rules.
A 2017 Constitution Bench decision on future prospects and fixed conventional amounts.
50 per cent for permanent jobs and 40 per cent for self-employed or fixed-salary persons.
16 under the Sarla Verma table.
One-third for two or three dependants, one-fourth for four to six, one-fifth above six, and usually half for bachelors.
Compensation for loss of companionship; spouses, children and parents can each receive it after Magma v. Nanu Ram (2018).
Yes. Pranay Sethi provided a 10 per cent increase every three years.
Tribunals use minimum wages or a notional income suited to the person's work and education.
Yes. Courts assess a fair notional income for homemakers, as emphasised in Kirti v. Oriental Insurance (2021).
Medical and related expenses, lost earnings, loss of future earning capacity, and non-pecuniary heads like pain and suffering.
The effect of a physical disability on the person's ability to earn in their own work.
Usually a medical board of a government hospital.
Yes, using notional income based on likely career or minimum wages.
Yes. Tribunals award attendant charges even where family members provided care.
Fixed compensation of Rs 5 lakh for death and Rs 2.5 lakh for grievous hurt under section 164, without proving negligence.
Rs 2 lakh for death and Rs 50,000 for grievous hurt from the Motor Vehicle Accident Fund under section 161.
The owner and driver are personally liable, and their property can be attached; the Accident Fund covers some cases.
It can raise policy defences like no licence or permit violation, but courts often order pay and recover.
The insurer pays the victim first and recovers from the owner, as in Swaran Singh (2004).
Compensation may be reduced for contributory negligence.
Both are jointly liable, and the victim can recover the whole amount from either.
It may be considered contributory negligence if it contributed to the injuries.
Yes, usually from the date of filing the claim until payment.
Large awards, especially to minors and widows, are often partly kept in fixed or annuity deposits.
A Delhi practice under which part of the compensation is kept with banks and paid monthly to protect claimants.
Settled cases can be quick after the DAR; contested cases may take a year or more.
Yes, through the tribunal's settlement process, mediation or Lok Adalat.
Yes. It is binding and no appeal lies.
To the Delhi High Court under section 173 within 90 days.
Yes, Rs 25,000 or 50 per cent of the award, whichever is less.
Yes, by filing an appeal for enhancement.
They are independent; the tribunal decides negligence on probabilities and does not wait for the trial.
Up to five years and fine under section 106(1) BNS.
A provision for higher punishment for hit-and-run drivers who escape; its application was put on hold after January 2024 protests, so check the current position.
Possibly, depending on the offence and facts.
Not mandatory, but a lawyer helps prove income, dependency and disability, which strongly affects the amount.
Fee arrangements must comply with Bar Council rules and should be clear and in writing.
Compare it with the likely award, with advice; first offers are often lower.
Their share is usually deposited until majority, with interest paid for their welfare.
Yes, as legal representatives and dependants.
If they were dependent on the deceased or are legal representatives, they may claim.
Yes, as a legal representative, though dependency is assessed on facts.
The claim is against the corporation as owner, which is liable like any owner.
The government department is liable as owner.
Yes, property damage claims can be made, subject to policy and limits.
Yes, if covered, against the insurer of the vehicle at fault, subject to policy terms.
Yes, against the vehicle's owner and insurer and others at fault.
File where the accident happened, where you live, or where the defendant lives.
Yes. The owner is liable, and the guardian may face penalties under the amended Act.
Yes, the owner remains liable; the insurer may pay and recover.
An officer handling hit-and-run claims under the Motor Vehicle Accident Fund scheme.
No-fault compensation under section 164 can be awarded quickly; tribunals may also expedite payment.
A fund created by the 2019 amendment for hit-and-run compensation, treatment and other purposes.
Correct age, income, dependants, injuries and vehicle details; errors reduce compensation.
Yes. You can file affidavits and documents and examine witnesses.
No. MACT procedure is summary and beneficial, though evidence must be credible.
The registered owner on the date of the accident is generally liable, subject to facts.
Yes. Insurers verify claims and may use investigators, but cannot delay payment unreasonably after an award.
Compensation is generally not treated as income, but interest on it may be taxable; take tax advice.
MACT claims require a motor vehicle; other remedies may apply against authorities.
Yes. If not paid, the tribunal can recover it as arrears of land revenue and attach property.
No. The platform charges only for documents it prepares.
No. An independent advocate you choose files and argues it.
The tribunal at the Rohini court complex, or where the claimant or defendant lives.
The tribunal at the Saket court complex, subject to the same choices.
The tribunal at Karkardooma.
The tribunal at Tis Hazari.
The tribunal at the Dwarka court complex.
Salary certificates, slips, Form 16 and bank credits, with the employer's evidence if disputed.
Platform payout statements, bank credits and app records.
It may be accepted, but school or birth certificates are more reliable when age is disputed.
No. Section 164 compensation does not require proof of negligence.
A police sketch of the accident scene and vehicle positions, useful evidence of how it happened.
A police-arranged inspection of the vehicles after the accident, noting damage and defects.
Yes. Compensation is assessed on notional income and conventional heads.
Yes, with notional income where appropriate and conventional heads.
The tribunal apportions it according to dependency, often giving more to the spouse and minor children.
Not as a third party; a personal accident cover in the policy may apply.
Employees travelling in the course of work are generally covered under the statutory policy, subject to its terms.
Yes, in Delhi, where they reside, or where the accident happened or the defendant lives.
There are rules on choosing between remedies; take advice on which is better in your case.
They can, along with supporting bank records and other proof.
Yes, as part of medical expenses.
Yes. Every motor vehicle used in a public place must have at least third-party insurance.
You can be personally liable for the full award and face penalties under the Motor Vehicles Act.
No. Personal accident cover and other policies deal with your own injuries.
A compulsory personal accident cover for the owner-driver, subject to exceptions, paying for death or disability.
Yes. Commercial use without suitable cover may breach the policy.
Inform the insurer, file a written statement and produce insurance, registration and licence documents.
Yes, if a policy breach is proved and the court orders pay and recover.
Yes, for non-prosecution, though restoration may be sought; keep attending through your advocate.
Only as the tribunal's order permits; early withdrawal usually needs the tribunal's approval.
Age decides the multiplier and future prospects, which significantly affect the amount.
Be careful; take advice before signing anything, as it may affect your claim.
Within the time fixed in the award, often a few weeks; delay attracts interest and recovery action.
Generally no. The Supreme Court held in Helen C. Rebello (1998) that life insurance proceeds are not deductible.
Courts have generally held they are not deducted, as they arise from the deceased's service.
It may be relevant to the medical expenses head, depending on the facts and the law.
It is adjusted so the same expense is not compensated twice.
A medico-legal case record prepared at the hospital, noting injuries and the accident history.
17 under the Sarla Verma table, applied to loss of future earning capacity.
Yes, with medical evidence of the need and likely cost.
Yes, reasonable conveyance expenses can be claimed with evidence.
Only where a permanent effect remains; temporary injuries are compensated through other heads.
Loss of earnings is claimable only to the extent income was actually lost.
The person whose wrongful act caused the accident, usually the driver.
Yes. The owner is vicariously liable for the driver's negligence in the course of use of the vehicle.
Anyone other than the insured and the insurer, such as a pedestrian.
The financial support the family has lost because of the death.
Yes. Pedestrians are third parties and can claim against the vehicle's owner, driver and insurer.
Yes, as third parties if hit by a motor vehicle.
A MACT claim needs a motor vehicle's involvement; claims against civic bodies may be possible separately.
Yes, if it was due to the negligent driving or operation of the bus.
Yes. E-rickshaws are motor vehicles that must be registered and insured.
Yes, tractors are motor vehicles, subject to the facts of use and insurance.
Yes, if the vehicle was in use and caused the injury; public place requirements and facts matter.
Yes, under the same law, through a representative if needed.
The uniform procedure allows claims and documents to be sent electronically to the tribunal and insurer, alongside formal filing.
Rarely; it relies on police reports, site plans and evidence.
Statutory arrangements and the owner's liability remain; take advice in such rare cases.
Courts usually order a lump sum, sometimes with part in deposits paying monthly.
An application for restoration can be made with sufficient cause.
No. The ordinary MACT hears claims, though government vehicles raise ownership issues.
This page gives general information based on the sources listed, as checked on 18 October 2026. Compensation depends on evidence and the tribunal's findings; confirm with an advocate before acting. Mara Vakil is a technology platform, not a law firm, and does not give legal advice. Read our disclaimer.
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