How to File a Motor Accident Claim (MACT) in India (2026)
How to file a motor accident compensation claim before the MACT in 2026: who can claim, the time limit, which tribunal has jurisdiction, the documents you need, the claim petition, interim relief, and how a pending matter is tracked.
How-To Guide · Motor Accident Claims
A motor accident claim is the way a victim, or the family of a person killed, gets compensation when a vehicle causes death or injury. You file it before a Motor Accident Claims Tribunal, called the MACT, under Section 166 of the Motor Vehicles Act, 1988. You do not have to prove a crime, and in most cases the insurer of the offending vehicle pays. This guide explains who can claim, the time limit, which tribunal to approach, the documents you need, how the claim petition is built, and how to follow the matter once it is filed. Last verified October 2026.
- Where: the Motor Accident Claims Tribunal (MACT) under Section 166 of the Motor Vehicles Act, 1988.
- Time limit: six months from the accident under Section 166(3), live from 1 April 2022 and currently under challenge, so file early.
- Jurisdiction: where the accident happened, where you live or work, or where the opposite party lives.
- Who pays: usually the insurer of the offending vehicle, since third-party insurance is compulsory.
01What a motor accident claim is
When a motor vehicle causes death or bodily injury, or damages property, the person who suffers can ask for money called compensation. The claim is decided by a special forum, the Motor Accident Claims Tribunal (MACT), set up under Section 165 of the Motor Vehicles Act, 1988. Each district usually has a tribunal, often a senior civil judge or district judge who also sits as the MACT.
This is not a criminal case. The criminal case against the driver runs separately. The MACT only decides compensation. In most matters the insurance company of the offending vehicle is the one that actually pays, because third-party insurance is compulsory for every vehicle on the road.
02Who can file a claim
The right to claim depends on what happened in the accident:
- Injury cases: the injured person files the claim.
- Death cases: the legal representatives and dependants file the claim. This usually means the spouse, children and parents, and sometimes other dependants.
- Property damage: the owner of the damaged property can claim.
A claim can be filed against the driver, the registered owner of the vehicle, and the insurer together. You do not have to choose; you name all of them as opposite parties and let the tribunal decide who is liable.
03Time limit to file a MACT claim
From 1 April 2022, Section 166(3) of the Motor Vehicles Act says a claim should be filed within six months from the date of the accident. This six-month limit was removed by an older amendment and was brought back by the 2019 amendment.
File early, but delay is not always fatal
The six-month rule is being challenged in court, and tribunals and High Courts have been told not to throw out claims only because of delay while the issue is being decided. Still, the safe course is to file as soon as you can, because memories fade and evidence is lost with time.
If you are late, explain the delay honestly in the petition and ask the tribunal to condone it for sufficient cause.
04Which tribunal has jurisdiction
Under Section 166(2), you can file the claim before the tribunal in any one of these places, whichever suits you:
- the area where the accident took place;
- the area where you, the claimant, live or carry on business; or
- the area where the opposite party, such as the owner of the vehicle, lives.
This choice is helpful. If the accident happened far from home, you can usually file where you live instead of travelling back and forth to a distant district for every hearing.
05Two routes: Section 166 and Section 164
There are two ways to claim, and you should understand both before you file.
| Route | What it is | When to use it |
|---|---|---|
| Section 166 (fault claim) | A full claim where the tribunal works out the real compensation based on income, age and loss | Most cases, where you want the actual, often higher, amount |
| Section 164 (fixed sum) | A fixed amount for death or permanent disability, paid without proving fault | When you want a quicker, certain amount, or fault is hard to prove |
Under Section 164, a fixed sum is payable for death or permanent disablement without having to prove negligence. Under Section 166 the tribunal looks at the facts and usually awards more where the loss is large. You generally choose one route. To understand how the final figure is worked out, see how MACT compensation is calculated.
06Documents you need
Gather these before you draft the petition. Missing papers are the most common reason claims drag on.
- Accident proof: FIR, the police accident report, and the charge sheet if one is filed. The police also prepare a Detailed Accident Report (DAR) and send it to the tribunal.
- Identity and relationship proof: Aadhaar or other ID, and in a death case, documents showing you are a legal heir or dependant.
- Medical records: hospital papers, bills, disability certificate, and the post-mortem report in a death case.
- Income proof: salary slips, income tax returns, or other proof of what the injured or deceased person earned.
- Vehicle details: registration number, and the insurance policy details of the offending vehicle if you can get them.
07The claim petition and interim relief
The claim is made in a petition that sets out how the accident happened, who was at fault, the loss suffered, and the amount claimed. You name the driver, the owner and the insurer as opposite parties. A lawyer usually drafts it, but the tribunal follows a simple, less formal procedure than a regular court.
If you need urgent money for treatment or to run the house, you can ask for interim or on-account compensation while the case goes on. Many tribunals now also encourage a quick settlement with the insurer, especially in clear cases, so that money reaches the family faster.
Once filed, the matter moves through notice to the parties, evidence, and arguments, ending in an award. To keep hearings and case management organised, many claimants and advocates use motor accident claims case management. If the award is too low or wrongly rejected, you can challenge it; see how to appeal a MACT award in the High Court.
08Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A motor accident claim runs for months or years, through notice, evidence, insurer defence and the final award, and it is easy to lose track of the next date. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, so you can follow a MACT matter by party or vehicle number and get the next hearing date without scanning cause lists by hand. You can also search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how tribunals and High Courts have fixed compensation in similar accidents, with results in under 5 seconds. Claw does not use your case documents to train its AI models.
Create a FREE Claw account to track your MACT claim by party name and follow every hearing, and use case search across Indian courts to find awards in similar cases.
09Sources and further reading
- India Code (Motor Vehicles Act, 1988, bare text): indiacode.nic.in
- Ministry of Road Transport and Highways: morth.nic.in
- eCourts (case status of district courts and tribunals): ecourts.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Time limits and procedure can change, so check the current law and take advice from an advocate before you act.
10Frequently asked questions
How do I file a MACT claim in India?
File a claim petition before the Motor Accident Claims Tribunal under Section 166 of the Motor Vehicles Act, 1988. Name the driver, owner and insurer as opposite parties, attach the FIR, medical and income proof, and ask for compensation. You can file where the accident happened, where you live or work, or where the opposite party lives.
What is the time limit to file a motor accident claim?
From 1 April 2022, Section 166(3) says a claim should be filed within six months of the accident. This rule is under challenge in court, and tribunals have been told not to reject claims only for delay while the issue is decided. The safe course is to file as early as possible and explain any delay.
Who can claim motor accident compensation?
In an injury case, the injured person claims. In a death case, the legal heirs and dependants, such as the spouse, children and parents, claim. The owner of damaged property can claim for the damage.
Do I need to prove who was at fault?
Under Section 166 the tribunal looks at fault to fix the amount, but you do not run a criminal case; the insurer usually pays. Under Section 164 you can get a fixed sum for death or permanent disability without proving fault.
Which tribunal do I file in?
Under Section 166(2) you can choose the tribunal where the accident took place, where you live or carry on business, or where the opposite party lives, whichever is convenient.
Can I get money before the case ends?
Yes. You can ask the tribunal for interim or on-account compensation for urgent needs such as treatment, and many tribunals also encourage an early settlement with the insurer in clear cases.