IndiaI'm a pedestrian hit by a car. What are my rights?
As a pedestrian hit by a car in India, you have the right to claim compensation for injury, disability, or death under the Motor Vehicles Act, and can file a claim before the Motor Accident Claims Tribunal within 6 months of the accident.
What the Law Says
The Motor Vehicles Act, 1988 governs compensation for road accident victims in India, including pedestrians. It establishes strict liability on vehicle owners and mandates compensation regardless of fault in many cases.
Under Section 163A of the Motor Vehicles Act, 1988, a pedestrian injured — or the legal heirs in case of death — can claim compensation based on a structured formula considering age, income, and dependency. This is a 'no-fault liability' provision, meaning compensation is payable even if the driver wasn’t negligent.
Section 166 allows filing a claim petition before the Motor Accident Claims Tribunal (MACT) for damages due to injury, permanent disablement, or death. The claim must be filed within 6 months of the accident, though late filings may be accepted with sufficient cause.
The tribunal may award interim compensation up to ₹50 lakh under Rule 232 of the Motor Vehicles Rules, 1989 (as amended), especially in cases of grievous injury or financial hardship.
Statutory TextWhere any person is injured or dies as a result of an accident arising out of the use of a motor vehicle, the owner of the vehicle shall be liable to pay compensation…
— Motor Vehicles Act, 1988, s. 163A — Compensation in certain cases of accidents without proof of negligence
Statutory TextAn application for compensation… may be made… to the Claims Tribunal having jurisdiction… within six months from the date of the accident.
— Motor Vehicles Act, 1988, s. 166(1) — Application for compensation
What Courts Have Said
Indian courts have consistently upheld the rights of vulnerable road users like pedestrians, interpreting the Motor Vehicles Act in their favour.
The Court held that pedestrians are 'innocent victims' and tribunals must adopt a liberal approach while assessing compensation, especially where income proof is lacking.
The Court ruled that delay in filing a claim beyond 6 months does not automatically bar relief if the petitioner shows sufficient cause and no prejudice to the opposite party.
What to Do
Immediately seek medical help and preserve all treatment records, FIR copy, and witness contact details.
File a claim petition before the local Motor Accident Claims Tribunal within 6 months using Form MACT-1 (available online or at the tribunal office).
Attach evidence: medical reports, police FIR, income proof (if employed), disability certificate (if applicable), and identity/address proof.
Apply for interim compensation (up to ₹50 lakh) if facing urgent financial hardship — the tribunal must decide within 30 days.
Engage a lawyer familiar with MACT procedures; representation is optional but recommended for complex injuries or disputes.
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.