IndiaI was injured in a road accident. How do I file a MACT claim?
You can file a Motor Accident Claims Tribunal (MACT) claim by submitting an application to the local MACT within 6 months of the accident, naming the driver, owner, and insurer as respondents.
What the Law Says
The Motor Vehicles Act, 1988 provides the legal framework for claiming compensation for injuries or death arising from road accidents through the Motor Accident Claims Tribunal (MACT). Section 166 is the key provision enabling any person affected — including the injured, legal heirs, or dependants — to file a claim.
Under Section 166 of the Motor Vehicles Act, 1988, a claim petition can be filed before the MACT having jurisdiction over the area where the accident occurred, where the respondent resides, or where the claimant resides.
The claim must be filed within 6 months of the accident. However, the Tribunal may accept a delayed application if sufficient cause for the delay is shown.
The claimant must name all relevant parties: the driver, vehicle owner, and insurance company. The insurer is statutorily liable up to the policy limit, even if the driver was negligent or unlicensed.
For hit-and-run cases, the Solatium Scheme (under Section 161) provides immediate compensation: ₹50,000 for death and ₹25,000 for grievous injury — payable by the State Transport Authority without proof of fault.
Statutory TextAny person who has sustained damage or loss due to a motor vehicle accident may make a claim for compensation… before the Claims Tribunal.
— Motor Vehicles Act, 1988, s. 166 — Application for compensation
Statutory TextThe Claims Tribunal shall, as far as practicable, dispose of the application within twelve months from the date of its filing.
— Motor Vehicles Act, 1988, s. 166(4) — Time limit for disposal
What Courts Have Said
Indian courts have consistently upheld the accessibility and compensatory purpose of MACT proceedings, interpreting procedural requirements liberally to ensure justice for victims.
The Court held that technical defects like minor inaccuracies in names or addresses should not defeat a genuine claim, especially where the insurer is clearly identifiable.
Emphasised that the MACT is a statutory tribunal created for speedy redressal; strict rules of evidence do not apply, and claimants need not prove negligence if insurance is established.
What to Do
Gather evidence: FIR copy, medical records, discharge summary, disability certificate (if any), income proof, and vehicle insurance details.
Draft and file Form 'A' (claim petition) under Section 166 before the local MACT — include all respondents and pray for just compensation.
Serve notice on all respondents (especially insurer) within 30 days of filing, as required under Rule 27 of the Motor Accident Claims Tribunal Rules, 2008.
Attend hearings, submit evidence, and respond to counter-affidavits; request interim compensation if financial hardship is proven.
If dissatisfied with the award, appeal to the High Court within 90 days under Section 173 of the Motor Vehicles Act, 1988.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.