MACT claim petition
Injured, or lost a family member, in a road accident? Who can claim before the Motor Accidents Claims Tribunal, where, the six-month limit, the papers, and what an advocate does.
- ✓If a motor vehicle accident caused an injury or a death, the injured person or the family of the person who died can claim compensation before the Motor Accidents Claims Tribunal (Section 166, Motor Vehicles Act).
- ✓The claim must be made within six months of the accident. The tribunal can accept it up to twelve months after that, but only if you show a sufficient reason for the delay.
- ✓The tribunal hears the insurer, the owner and the driver, decides what compensation is just, and says who must pay it (Section 168).
What this is
An MACT claim is a claim for money compensation after a road accident involving a motor vehicle. It is decided by the Motor Accidents Claims Tribunal (MACT) — a special tribunal that each state sets up for the areas it names, under Section 165 of the Motor Vehicles Act, 1988. Its members are serving or former judges, or people qualified to be judges.
The tribunal hears claims for:
- death caused by the accident,
- bodily injury, and
- damage to the property of a third party, such as your vehicle when someone else's vehicle hit it.
The claim is made by a written claim petition. The people on the other side are the driver, the owner of the vehicle and its insurer — the insurance company that covered it. In the award, the tribunal says how much each of them must pay (Section 168).
When it applies
Who can claim (Section 166(1)):
- the person who was injured;
- the owner of the property that was damaged;
- if someone died, all or any of their legal representatives — the family members the law recognises as entitled to claim for them. If not all of them join, the claim is made for the benefit of all, and those who did not join are named as respondents;
- an agent duly authorised by the injured person or the legal representatives.
Where (Section 166(2)). At your choice, the tribunal for the area where:
- the accident happened, or
- you live or carry on business, or
- the person you are claiming against lives.
The time limit (Section 166(3)). The claim must be made within six months of the accident. The tribunal can accept a claim made within a further twelve months only if it is satisfied that you were prevented by sufficient cause from filing in time. Treat six months as the real limit.
The steps and the timeline
Day 0 — the accident. Get medical treatment first. The driver of the vehicle must take reasonable steps to get the injured person medical help, and report the accident at the nearest police station within 24 hours if no police officer is present (Section 134). Make sure the police have recorded the accident and note the FIR number — the police's first written record of the case.
The first weeks — collect the papers. Keep every hospital record, bill, prescription and discharge summary. Note the vehicle's registration number, and if you can, the driver's name and the insurance details. In a death, get the post-mortem report and death certificate.
Within three months — the police report. The police must prepare an accident information report and send it to the tribunal within three months (Section 159). The tribunal treats that report as a claim for compensation (Section 166(4)). Ask your advocate to check whether a claim has been registered from it and whether its details are complete.
Within six months — the claim petition. Your advocate files the claim petition before the tribunal you choose, with the documents below. Do not wait for the police report or for the insurer if the six months are running out.
The insurer's offer. When the insurer learns of the accident, it must name an officer to settle the claim, who can make you an offer before the tribunal (Section 149). If you accept, the tribunal records the settlement and the insurer must pay within 30 days. If you reject it, the tribunal fixes a date to hear the claim. Take advice before answering; an accepted offer settles the claim.
The fixed-sum route — think before you take it. Section 164 makes the owner or insurer pay a fixed sum — five lakh rupees for a death, two and a half lakh rupees for grievous hurt — without your having to prove anyone was at fault. But if you accept compensation under Section 164 through the insurer's settlement procedure, your claim petition lapses (Section 166). The full claim can be worth more or less than the fixed sum depending on the facts. Decide this with your advocate.
The hearings. The tribunal gives notice to the insurer, hears all sides, and holds an inquiry (Section 168). It can follow a summary procedure and has the powers of a civil court to take evidence on oath, summon witnesses and order documents to be produced (Section 169). You, the doctors and other witnesses may be examined, and the insurer can cross-examine.
The award. The tribunal decides the compensation that appears to it to be just, and says who must pay it — the insurer, the owner, the driver, or any of them (Section 168). In doing so it looks at the evidence of the injuries or death, medical costs, the injured or deceased person's income and age, and who depended on them. The method is for the tribunal and your advocate; this guide does not estimate amounts.
- Copies of the award must reach the parties within 15 days of the award.
- Whoever must pay has to deposit the full amount within 30 days of the award being announced, as the tribunal directs.
- If they do not, the tribunal can enforce the award like a civil court decree (Section 169).
How long it takes. Section 168 asks the tribunal to try to decide a claim within twelve months of receiving it, and to record its reasons if it cannot. That is an aim the law sets, not a deadline.
Appeal. Anyone unhappy with the award can appeal to the High Court within 90 days (Section 173). No appeal lies where the amount in dispute is less than one lakh rupees.
Documents needed
- The FIR and, if available, the police's accident information report and site plan.
- Medical records: hospital admission and discharge papers, treatment records, bills, receipts for medicines and travel, and any disability certificate.
- In a death: the post-mortem report, the death certificate, and proof of who the legal representatives are and how they are related.
- Proof of age of the injured or deceased person.
- Proof of income: salary slips, an employer's certificate, income tax returns, or business records.
- Vehicle details: the registration number, and if you have them, the insurance policy, the owner's name and the driver's licence details.
- Property damage claims: repair estimates, bills and photographs.
- Identity and address proof of each claimant, and bank account details.
Give your advocate copies first; keep the originals until they ask for them.
What it costs
- Court fee. Set by each state, and it varies. Your advocate will tell you what applies at your tribunal.
- The advocate's fee. It varies with the city, the tribunal and the case. The advocate quotes their own fee for your matter before you pay anything.
What the advocate does
- Works out who should be claimants and who should be named on the other side, including the insurer.
- Chooses the tribunal and keeps the claim inside the six-month limit.
- Checks the police records and whether a claim has already been registered from the police report.
- Advises on any settlement offer from the insurer, and on the fixed-sum route under Section 164, before you accept anything.
- Drafts and files the claim petition with the medical, income and dependency evidence.
- Examines your witnesses, cross-examines the insurer's witnesses, and argues the claim.
- Follows up the deposit of the award and its release to you, and advises on an appeal.
An independent advocate from our panel can take it on. They review your papers and quote their fee before you pay. eMunshi is a technology platform, not a law firm; the advocate you choose represents you.
Is there a document to send first?
No. There is no notice you need to send before an MACT claim. The claim petition itself is the first step, and it is filed by an advocate. If you want to understand your options before you instruct one, a 30-minute call with an independent advocate starts at ₹999.
Mistakes that cost people their claim
- Waiting past six months, expecting the police report or the insurer to do it all.
- Accepting a quick offer without knowing what the claim could be worth, or that accepting the Section 164 fixed sum ends the claim petition.
- Throwing away bills and records. Medical costs that cannot be shown are hard to recover.
- No proof of income. Gather whatever shows what the person earned.
- Leaving out a legal representative in a death claim. Every one of them must be a party, as a claimant or a respondent.
Questions people ask
How long do I have to file an MACT claim?
Six months from the date of the accident (Section 166(3)). The tribunal can accept a claim filed within a further twelve months if it is satisfied that you were prevented by sufficient cause from filing in time. Do not count on the extension.
Where do I file?
At your choice: the tribunal for the area where the accident happened, the tribunal for the area where you live or carry on business, or the tribunal for the area where the person you claim against lives (Section 166(2)).
The police already sent a report to the tribunal. Do I still need to file?
The police must send an accident information report to the tribunal within three months (Section 159), and the tribunal treats that report as a claim (Section 166(4)). An advocate will check whether a claim has been registered from it, whether its details are complete, and whether you should file your own petition — and will keep track of the six-month limit either way.
The insurer has offered a settlement. Should I take it?
Under Section 149, the insurer can make a settlement offer before the tribunal. If you accept, the tribunal records it, the claim is treated as settled, and the insurer must pay within 30 days. If you reject it, the tribunal hears the claim. Have an advocate look at the offer before you answer; once accepted, it settles the claim.
What if the vehicle that hit us was never found?
That is a hit-and-run accident. Section 161 provides a fixed sum for a death or grievous hurt, paid under a Central Government scheme — at least two lakh rupees for a death and fifty thousand rupees for grievous hurt, or a higher amount if the government prescribes one. If you later receive compensation for the same accident under the Act or any other law, an amount equal to the hit-and-run payment is refunded out of it (Section 163).
The injured person was at work when the accident happened. Can they claim under both laws?
No. Where a death or injury gives rise to a claim under the Motor Vehicles Act and also under the Employees' Compensation Act, the person can claim under either, but not both (Section 167). An advocate can tell you which is better for your case.
What happens if the injured person dies while the claim is pending?
The right to claim compensation for the injury survives to their legal representatives, whether or not the death was caused by the injury (Section 166(5)).
Can the award be appealed?
Yes. Anyone unhappy with the award can appeal to the High Court within 90 days (Section 173). The person who has to pay must first deposit twenty-five thousand rupees or half the amount awarded, whichever is less. No appeal lies if the amount in dispute is less than one lakh rupees.
Limitation periods cheat-sheetReferenceUpdated 26 October 2026 · Awaiting review by a panel advocate · General information, not legal advice for your specific matter.