Motor Accident Claim (MACT): Compensation, 6-Month Limit and Hit-and-Run Relief

If you or a family member is injured or killed in a road accident, you can claim compensation by filing a claim petition before the Motor Accidents Claims Tribunal (MACT) under section 166 of the Motor Vehicles Act, 1988. Since 1 April 2022, the petition must be filed within six months of the accident (s.166(3)). In hit-and-run cases, a fixed compensation of ₹2 lakh for death and ₹50,000 for grievous hurt is paid under section 161. Victims are also entitled to cashless treatment of up to ₹1.5 lakh for the first 7 days after the accident (the 2025 cashless scheme, and the PM RAHAT scheme launched in February 2026), and anyone who helps a victim is protected as a Good Samaritan under section 134A.

Step-by-step: from the accident to the claim

1. Get medical help first. Call 112. Take the victim to the nearest hospital. Under the cashless scheme, a designated hospital must give treatment up to ₹1.5 lakh for the first 7 days; a non-designated hospital must at least stabilise the patient.
2. Make sure an FIR is registered. The police must register an FIR for an accident involving injury or death. Get a copy. Note the vehicle number, driver details and insurer if known.
3. Police reports to the Tribunal. In Gohar Mohammed v. U.P. State Road Transport Corporation (2022), the Supreme Court directed the investigating officer to send the First Accident Report to the Claims Tribunal within 48 hours and to compile the Detailed Accident Report within 90 days. The Central Motor Vehicles Rules (rule 150A, inserted in 2022) lay down this procedure. Section 166(4) lets the Tribunal treat the accident report forwarded to it as a claim application, but file your own petition in time rather than rely on that.
4. File the claim petition within six months. File before the MACT having jurisdiction where the accident occurred, where you reside or carry on business, or where the defendant resides. Name the owner, driver and insurer.
5. Prove your loss. Medical bills, discharge summary, disability certificate, salary slips or ITRs, age proof, and for death cases, the post-mortem report and proof of dependants.
6. Settlement or award. Insurers often offer settlement based on the DAR. You can accept or contest before the Tribunal or a Lok Adalat.

The insurance company’s role

Third-party insurance is compulsory for every motor vehicle. Once the offending vehicle is identified and insured, the insurer usually pays the award. It can raise only limited defences, such as breach of specified policy conditions (for example, an unlicensed driver) or non-receipt of premium. In many such cases, tribunals still direct the insurer to pay the victim first and recover from the owner later.

If the vehicle is uninsured, the owner and driver are liable, and the Motor Vehicle Accident Fund under section 164B may also come into play.

How compensation is calculated (in outline)

Compensation in death cases follows a structured method laid down by the Supreme Court in Sarla Verma v. DTC (2009) and refined in National Insurance Co. v. Pranay Sethi (2017):

1. Income: the deceased’s monthly income, after tax.
2. Future prospects: added to income by age and job type. For a permanent job: 50% if below 40, 30% from 40 to 50, 15% from 50 to 60. For self-employed or fixed salary: 40%, 25% and 10% for the same age bands.
3. Deduction for personal expenses: a fraction of income, depending on the number of dependants and whether the deceased was married (Sarla Verma guidance).
4. Multiplier: chosen from the Sarla Verma table by the deceased’s age. Annual dependency loss × multiplier = loss of dependency.
5. Conventional heads: loss of estate ₹15,000, loss of consortium ₹40,000, funeral expenses ₹15,000 (as fixed in 2017), enhanced by 10% every three years.

Injury cases include medical expenses, loss of earnings during treatment, future loss of earning capacity based on functional disability, pain and suffering, and attendant charges.

Hit and run, and no-fault claims

In a hit-and-run case, where the vehicle cannot be traced, compensation is paid under section 161 and the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022: ₹2 lakh for death and ₹50,000 for grievous hurt. In S. Rajaseekaran v. Union of India (2024), the Supreme Court directed that police inform victims about the scheme and send the accident report to the Claims Enquiry Officer within a month; if no claim follows, the District Legal Services Authority should help.

Under section 164, a claimant can take fixed compensation of ₹5 lakh for death and ₹2.5 lakh for grievous hurt without proving fault. But accepting it ends the regular claim under section 166, so compare carefully before choosing.

Good Samaritans

Section 134A protects any person who, in good faith, voluntarily and without expecting reward, gives emergency help at the scene or takes the victim to hospital. Such a person is not liable for any civil or criminal action for injury or death of the victim caused by their negligence while helping. The Central Government has made rules on how Good Samaritans may be questioned and on keeping their personal details confidential.

Example: On the Lucknow to Kanpur highway, a truck hits Ramesh’s motorcycle. Pooja, driving behind, takes him to a hospital. She is protected by section 134A for helping. Ramesh gets cashless treatment for the first week, his family checks the FIR and insurer, and they file a MACT claim in the fourth month, well within six months.

Frequently asked questions

What is the time limit to file a MACT claim?

Six months from the date of the accident, under section 166(3), for accidents on or after 1 April 2022.

Can I claim if the vehicle fled?

Yes. Hit-and-run compensation of ₹2 lakh for death and ₹50,000 for grievous hurt is payable under section 161.

Do I need a lawyer for MACT?

It helps, because calculation and evidence matter. Free legal aid is available through NALSA (15100).

Will the hospital ask me to pay before treating an accident victim?

Under the cashless scheme, eligible victims get treatment up to ₹1.5 lakh for 7 days at designated hospitals, and other hospitals must stabilise the patient.

Can a passer-by who helped get into legal trouble?

Section 134A and the rules made under it protect Good Samaritans and regulate how they are examined. Helping a victim does not make you liable for the accident.

Quick quiz

Learn your rights on the road and in insurance claims in Certificate Course in Everyday Law for Every Indian.

Sources

• Motor Vehicles Act, 1988 (as amended in 2019), sections 134A, 161, 164, 164B and 166
• Central Motor Vehicles Rules, 1989, rule 150A (inserted 2022)
• Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022
• Cashless Treatment of Road Accident Victims Scheme, 2025 (MoRTH) and PM RAHAT scheme, 2026
• Sarla Verma v. Delhi Transport Corporation, Supreme Court, 2009
• National Insurance Co. Ltd. v. Pranay Sethi, Supreme Court, 2017
• Gohar Mohammed v. U.P. State Road Transport Corporation, Supreme Court, 2022
• S. Rajaseekaran v. Union of India, Supreme Court, 2024

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.