IndiaI was injured as a passenger. Can I claim from the vehicle owner?
Yes, as an injured passenger in India, you can claim compensation from the vehicle owner (and driver) under the Motor Vehicles Act, especially if the accident was due to their negligence or breach of duty.
What the Law Says
Indian law holds vehicle owners strictly liable for injuries caused to passengers during accidents arising from the use of their vehicle — especially when negligence or breach of duty is involved. The Motor Vehicles Act, 1988 is the primary statute governing such claims.
Under Section 165 of the Motor Vehicles Act, 1988, the Claims Tribunal has jurisdiction to adjudicate claims for compensation arising out of accidents involving motor vehicles — including those where the claimant is a passenger.
Section 140 introduces 'no-fault liability', meaning the owner must pay compensation even without proof of negligence — but only in cases of death or permanent disablement resulting from a motor accident. This applies regardless of who was driving.
For hit-and-run cases, Section 161 provides for compensation up to ₹2.5 lakh to victims (including passengers) from the Solatium Fund, payable within 30 days of application — no proof of fault required.
Statutory TextThe Claims Tribunal shall have jurisdiction to entertain and dispose of any application for compensation made under Section 163A or Section 165.
— Motor Vehicles Act, 1988, s. 165 — Jurisdiction of Claims Tribunal
Statutory TextWhere, in any accident, the death of, or permanent disablement of, any person has resulted from the use of a motor vehicle, the owner of the vehicle shall be liable to pay compensation...
— Motor Vehicles Act, 1988, s. 140 — Liability in certain cases without proof of negligence
Statutory TextThe scheme shall provide for payment of solatium to victims of hit-and-run motor accidents... not exceeding two and a half lakh rupees...
— Motor Vehicles Act, 1988, s. 161 — Scheme for payment of solatium
What Courts Have Said
Indian courts have consistently upheld the liability of vehicle owners towards passengers — particularly emphasizing strict liability and the protective intent of the Motor Vehicles Act.
The Supreme Court held that the owner’s liability under Section 140 is strict and absolute — no inquiry into fault or negligence is needed when death or permanent disablement occurs; this protection extends to bona fide passengers.
The Court ruled that a passenger travelling free of charge (gratuitous passenger) is still entitled to compensation — the owner’s duty of care does not vanish merely because no fare was paid.
What to Do
Immediately register an FIR with local police detailing the accident and your injuries.
File an application before the Motor Accident Claims Tribunal (MACT) under Section 165 within 6 months (extendable for sufficient cause).
Attach medical reports, FIR copy, vehicle RC, insurance details, and witness statements.
If it’s a hit-and-run, apply to the District Collector under Section 161 within 30 days for solatium (up to ₹2.5 lakh).
Engage a lawyer familiar with MACT procedures — tribunals often award higher compensation with legal representation.
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.