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Road Accident Compensation: MACT Claim, No-Fault and Hit-and-Run
If a motor vehicle injures or kills someone, the victim or the family can claim compensation before the Motor Accident Claims Tribunal, normally within 6 months of the accident (section 166). No-fault compensation of ₹5 lakh for a death and ₹2.5 lakh for grievous hurt is payable without proving anyone was at fault (section 164). If the vehicle drove away and is never traced, apply under the hit-and-run scheme: ₹2 lakh for a death, ₹50,000 for grievous hurt. Free hospital treatment under PM-RAHAT is separate.
- Where
- Motor Accident Claims Tribunal
- Time limit
- 6 months (section 166(3))
- No-fault
- ₹5 lakh death, ₹2.5 lakh grievous hurt
- Hit-and-run
- ₹2 lakh death, ₹50,000 grievous hurt
- Police report
- To the tribunal within 48 hours
On this page
Which route applies to you?
The vehicle is known
- The claim goes to the Motor Accident Claims Tribunal; the owner and the insurer of the vehicle are the parties who pay.
- Choose between no-fault compensation (fixed amount, no need to prove fault) and a full claim based on the driver's fault: see no-fault or fault-based.
- An uninsured vehicle: the claim is against the owner and driver.
The vehicle drove away and can't be traced
- A hit-and-run accident is one where the vehicle's identity can't be found despite reasonable efforts (section 145).
- Apply under the hit-and-run scheme to the Claims Enquiry Officer: see hit-and-run compensation.
- If the vehicle is traced later and you get tribunal compensation, the hit-and-run amount is paid back.
In both cases, treatment of up to ₹1.5 lakh for the first 7 days is cashless under PM-RAHAT, whether or not the vehicle was insured. See free treatment after an accident.
How does a Claims Tribunal (MACT) claim work?
The injured person can claim, or, after a death, the legal representatives (usually the family). Claim before the tribunal where the accident happened or where you live. If an injured person later dies, the right to claim passes to the legal representatives, whatever the cause of death (section 166(5)).
Since 1 April 2022 the police start the process. The tribunal treats the police's Detailed Accident Report as a claim petition (section 166(4)), so a claim can move even before you file anything. You can still file your own claim petition, ideally with a lawyer.
Victim or familyPolice, insurer, tribunalTime limit
- Police send the First Accident Report (Form I) to the tribunal and the insurer within 48 hours
- Within 10 days the police give the victim a form explaining their rights (Form II)
- The victim or family gives the police their details in Form VI within 60 days
- Police file the Detailed Accident Report with the tribunal within 90 days
- The insurer makes its offer in Form XI within 30 days of that report
- Do you accept the offer?No: the tribunal holds an inquiry and decides
- The tribunal passes a consent award; the insurer deposits it within 30 days
- Insurer's officer: the insurer names a designated officer within 10 days of getting the First Accident Report.
- Time to think: if you can't accept an offer straight away, the tribunal can give you up to 30 days to reply.
- Before payment: the tribunal records your PAN, Aadhaar, bank details, two photos and a specimen signature. It can release part of the award at once and keeps the rest in a fixed deposit released in instalments.
- Not paid? The tribunal can enforce its award like a civil court decree (section 169(4)). An award can be appealed (section 173); ask a lawyer about the court and the deadline.
Papers to keep for the claim
- FIR or accident report number, and the police station's name.
- The rights form (Form II) the police give you, and a copy of your Form VI.
- Hospital records, discharge summary, bills and receipts.
- For a death: the death certificate and post-mortem report.
- PAN, Aadhaar, bank passbook or cancelled cheque, and two photos of each claimant.
- Any offer letter or notice from the insurer or the tribunal.
No-fault or fault-based compensation: what is the difference?
| No-fault (section 164) | Fault-based claim (section 166) | |
|---|---|---|
| Do you prove the driver was at fault? | No | Yes, the tribunal decides |
| Amount | ₹5 lakh for a death, ₹2.5 lakh for grievous hurt | Decided by the tribunal for the actual loss |
| Who pays | The owner or the insurer | The owner or the insurer |
"Grievous hurt" has the meaning in the criminal law (section 320 of the Indian Penal Code). Amounts paid under any other law for the same accident are deducted from no-fault compensation. The older no-fault rule in section 140 was removed: Chapter X of the Act was omitted with effect from 1 April 2022.
What are the time limits?
The police, insurer and victim steps come from rule 150A and Appendix 13 of the Central Motor Vehicles Rules, in force since 1 April 2022.
| Step | Time limit |
|---|---|
| First Accident Report to the tribunal | 48 hours |
| Victims' rights form (Form II) to the victim | 10 days |
| Insurer names a designated officer | 10 days from the first report |
| Driver (Form III) and owner (Form IV) give details to the police | 30 days |
| Interim Accident Report to the tribunal | 50 days |
| Victim's details (Form VI) to the police | 60 days |
| Detailed Accident Report to the tribunal | 90 days |
| Insurer's offer (Form XI) | 30 days from the detailed report |
| Your own claim petition | 6 months from the accident (section 166(3)) |
How do you claim hit-and-run compensation?
The Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022 replaced the old Solatium Scheme from 1 April 2022, raising the amounts from ₹25,000 to ₹2 lakh for a death and from ₹12,500 to ₹50,000 for grievous hurt (section 161).
Victim or familyRevenue officers, insurance councilTime limit
- File an FIR at the police station for the accident
- Apply in Form I, with the refund undertaking (Form IV), to the Claims Enquiry Officer of the sub-division where it happened
- The Claims Enquiry Officer reports to the Claims Settlement Commissioner (the District Collector) within one month
- Report complete?No: further enquiry, report again within 15 days
- The Commissioner sanctions the claim, as far as possible within 15 days
- The General Insurance Council pays into the bank account within 15 days of sanction
- Who applies: the injured person, or the legal representatives after a death. The Claims Enquiry Officer decides who the rightful claimants are if there are several.
- Claims Enquiry Officer: the Sub-Divisional Officer, Tehsildar, or the officer in charge of the taluka, as the state decides.
- Form I asks for the police station, hospital details and bills, Aadhaar and a bank passbook copy. It can be filed electronically where the state allows. Ask the Claims Enquiry Officer's office for the current form.
- Payment can be extended by up to 30 more days, with reasons recorded.
- Hospital costs: under the 2022 text, a hospital's claim for cashless treatment under the section 162 scheme (now PM-RAHAT) is deducted and the balance paid. Ask the Claims Enquiry Officer how this applies to your claim.
- Refund: if you later get compensation for the same death or injury from the tribunal or under any other law, you repay the hit-and-run amount (section 163).
Apply as soon as you can after the FIR. Each district has a committee, chaired by the Collector, that reviews hit-and-run claims every quarter; complain to the Collector's office if a claim is stuck.
Where can you get free legal help?
The National Legal Services Authority and the state and district legal services authorities provide free legal services to the weaker sections of society. Call the NALSA helpline 15100 or apply for legal aid on nalsa.gov.in. The police also send a copy of the First Accident Report to the State Legal Services Authority.
What can go wrong, and how do you fix it?
| Your situation | What it usually means | What to do |
|---|---|---|
| No rights form or contact from the police | The investigating officer has not given you Form II | Ask the police station for it, and give your details in Form VI within 60 days. |
| Insurer's offer seems low | It is an offer, not a decision | You can refuse; the tribunal then decides. Take legal advice. |
| More than 6 months have passed | The Act's time limit | File anyway with a lawyer: see the Supreme Court case and the Jan Vishwas change above. |
| Insurer says the driver had no valid licence | A defence the law allows the insurer (section 150(2)) | The claim continues against the owner and driver. See licence and claims. |
| Award passed but not paid | The owner or insurer has not deposited | Ask the tribunal to enforce the award. |
| Hit-and-run claim stuck | Report or sanction delayed | Write to the Claims Settlement Commissioner (District Collector). |
| Hospital asked for money | Cashless treatment not applied | See PM-RAHAT treatment. |
Frequently asked questions
What is MACT?
The Motor Accident Claims Tribunal: a special court that decides compensation for people injured or killed in road accidents.
How much is no-fault compensation?
₹5 lakh for a death and ₹2.5 lakh for grievous hurt, without proving anyone was at fault (section 164).
Is section 140 still in force?
No. Chapter X, including section 140, was omitted from 1 April 2022. No-fault compensation is now under section 164.
How long do we have to claim?
The Act says 6 months from the accident. The limit is being challenged in the Supreme Court, and the Jan Vishwas Act 2026 allows up to 12 more months with sufficient cause from a notified date. File early.
Do we need a lawyer?
Not to start: the police report goes to the tribunal on its own. For a fault-based claim or an appeal, a lawyer helps. Free legal aid is available on 15100.
How much is hit-and-run compensation?
₹2 lakh for a death and ₹50,000 for grievous hurt, under the 2022 scheme.
Where do we apply for hit-and-run compensation?
To the Claims Enquiry Officer (SDM or Tehsildar) of the sub-division where the accident happened, in Form I.
Does PM-RAHAT reduce compensation?
PM-RAHAT pays the hospital for treatment. For hit-and-run claims, the 2022 scheme text deducts a hospital's cashless treatment claim under that scheme from the compensation; ask the Claims Enquiry Officer how it applies to you.
Sources
- Motor Vehicles (Amendment) Act, 2019 – Gazette text (Transport Department, Chhattisgarh): sections 145, 149, 150, 161, 163, 164, 166, 169; omission of Chapter X (accessed 26 Oct 2026)
- MoRTH S.O. 859(E), 25 Feb 2022: in force from 1 April 2022 (accessed 26 Oct 2026)
- India Code – Motor Vehicles Act, 1988: sections 140 (omitted), 166, 173 (accessed 26 Oct 2026)
- PIB – hit-and-run compensation scheme (27 Feb 2022) and Gazette G.S.R. 163(E): the 2022 scheme (accessed 26 Oct 2026)
- PIB – accident report and claims procedure (3 Mar 2022) and Gazette G.S.R. 164(E): rule 150A and Appendix 13 (accessed 26 Oct 2026)
- Supreme Court of India – Bhagirathi Dash v. Union of India, W.P.(C) 166/2024, order of 16 Dec 2025 (accessed 26 Oct 2026)
- PIB – Jan Vishwas (Amendment of Provisions) Bill, 2026: more time to claim compensation (4 Apr 2026) (accessed 26 Oct 2026)
- PIB – PM-RAHAT cashless treatment (2026) (accessed 26 Oct 2026)
- National Legal Services Authority: free legal services, helpline 15100 (accessed 26 Oct 2026)
Page history: 26 Oct 2026: first published.