In a road accident? You may be owed compensation — here's how it works.
An accident is frightening enough without the paperwork that follows. Whether you were injured, lost someone, or are just fighting an insurance company or a challan — the law gives you clear routes, and most of them are cheaper than you think.
Ask her about this — freeWhat the law actually says
- The Motor Accidents Claims Tribunal (MACT) awards compensation for injury or death in a road accident. You can file where the accident happened or where you live.
- There is a fixed no-fault route: for death the compensation is ₹5 lakh, for grievous hurt ₹2.5 lakh — without having to prove whose fault it was. But it is a choice, not a head start: once you accept that money your tribunal claim ends, and a tribunal can award a great deal more.
- Even in a hit-and-run where the vehicle was never traced, a government fund pays ₹2 lakh for death and ₹50,000 for grievous injury.
- You must file within six months of the accident. After that the tribunal cannot take up the claim at all, and the law gives it no power to excuse a late one.
- The vehicle's third-party insurance must cover victims. And if your own insurer wrongly rejects a claim, the Insurance Ombudsman hears complaints for free.
What to do
- 1
Report it — start with the FIR
Get the accident recorded at the police station, or make sure the police at the scene record it. The FIR, the vehicle number and the witness details are what your claim will stand on.
- 2
Keep every medical paper and bill
Hospital records, prescriptions, bills, and — for lost earnings — salary slips. Compensation is calculated from exactly these documents, so nothing is too small to keep.
- 3
Inform the insurance company quickly
For your own vehicle's damage, intimate your insurer within the time in your policy (often just a few days). For injury claims, the other vehicle's third-party insurer is the one who pays.
- 4
File the MACT claim within six months
File where you live or where the accident happened. If you qualify for legal aid, your District Legal Services Authority can prepare and file it for you at no cost — women and children, SC/ST, people with disabilities, people in custody and anyone under their state's income limit all qualify.
- 5
For a challan, handle it online
Check and pay traffic challans at echallan.parivahan.gov.in. If you believe it's wrong, you can contest it — many are handled by virtual courts entirely online. No lawyer needed.
Your rights, at a glance
MACT compensation (injury / death)
- How long it takes
- File within 6 months; awards take months to a few years
- Where to go
- Motor Accidents Claims Tribunal — where you live or where it happened
- Rough cost
- Nominal filing fee; free via legal aid if you qualify
Fixed no-fault compensation
- How long it takes
- Faster — no fault to prove
- Where to go
- Same tribunal, but taking it ends your full claim (₹5L death / ₹2.5L grievous hurt)
- Rough cost
- Same
Hit-and-run fund
- How long it takes
- Apply after the police confirm the vehicle is untraced
- Where to go
- Claims Enquiry Officer (via the District Magistrate's office)
- Rough cost
- Free (₹2L death / ₹50k injury)
Rejected insurance claim
- How long it takes
- Ombudsman decides in ~3 months
- Where to go
- Insurance Ombudsman / Bima Bharosa portal
- Rough cost
- Free
Contest a traffic challan
- How long it takes
- Online, usually weeks
- Where to go
- echallan.parivahan.gov.in / virtual court
- Rough cost
- Free to contest
Common questions in this area
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When you need a real lawyer
For an injury or death claim before the MACT, get a lawyer — insurers routinely offer far less than a tribunal would award, and a lawyer who handles accident claims will know what your case is really worth. If you qualify for legal aid, your DLSA can take it up at no cost to you. For a wrongly rejected insurance claim, the Ombudsman route is free and you can do it yourself — Miss Lucy Pro can draft the complaint letter properly. A traffic challan you can almost always handle on your own, online.
Injured in an accident? If you qualify for legal aid, NALSA can file your MACT claimThis is guidance, not a lawyer. Miss Lucy Lite helps you understand your rights and your next step in plain English. It is in no way a replacement for proper legal advice — when your situation needs a real document or a fight in court, she'll tell you plainly that it's time to see a lawyer.