Motor Accident Claim in India: MACT Tribunal Process
By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Legal Awareness
Road accidents cause thousands of injuries and deaths across Andhra Pradesh every year. If you or a family member has been injured or killed in a road accident — you have the right to claim compensation from the Motor Accident Claims Tribunal (MACT). Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam assists accident victims and families in claiming maximum compensation from MACT.
What is MACT?
The Motor Accidents Claims Tribunal is a quasi-judicial body established under the Motor Vehicles Act, 1988 to provide fast and affordable compensation for road accident victims. MACT handles claims from accident victims or their families against: the vehicle owner, the driver, and the insurance company of the vehicle.
Who Can File MACT Claim?
The injured person themselves, legal heirs in case of death (spouse, children, parents), any person who suffered loss due to the accident including property damage, and even pedestrians and cyclists injured by motor vehicles.
Compensation Available Under MACT
For Injury: Medical expenses, loss of income during recovery, pain and suffering, future medical expenses, and loss of future earning capacity if permanently disabled.
For Death: Loss of dependency (calculated based on deceased’s income and age), funeral expenses, loss of consortium (for spouse), and loss of estate. Courts use structured formulas under the Supreme Court’s guidelines in National Insurance Co. v. Pranay Sethi (2017) for calculating death compensation.
Hit and Run Cases: Even if the vehicle is unidentified — claim compensation from the Solatium Fund under the Motor Vehicles Act. Contact us for assistance.
How to File MACT Claim — Step by Step
Step 1 — File FIR: If not already done file FIR at the nearest police station immediately after the accident. Guide: How to File FIR India.
Step 2 — Collect Documents: Police FIR and accident report, medical records and bills, disability certificate if applicable, death certificate and post-mortem report in death cases, vehicle insurance details, driving licence and RC of offending vehicle, and income proof of victim.
Step 3 — File MACT Petition: File before the MACT having jurisdiction typically where the accident occurred or where the claimant resides. File within 6 months of the accident (though courts can condone delay for good cause).
Step 4 — Interim Compensation: Under Section 166(6) Motor Vehicles Act MACT can award interim compensation of Rs 25,000 for grievous hurt and Rs 5 lakh for death within 30 days of filing. This helps families cover immediate expenses.
Step 5 — Final Award: After hearing both sides, MACT passes its award. Insurance company must pay within 30 days of award. If not paid — file execution petition.
Frequently Asked Questions
Q: What if the vehicle has no insurance?
Claim directly against the vehicle owner. If the vehicle is uninsured owner is personally liable. For hit and run — claim from Solatium Fund.
Q: Is there a time limit for MACT claim?
Yes — file within 6 months of the accident. Courts can condone delay but always file as soon as possible. Contact us immediately after any road accident.
Q: Can MACT award be appealed?
Yes — both claimant (if award is inadequate) and insurer (if liability is disputed) can appeal MACT award before the High Court of Andhra Pradesh. Read: Best Lawyers in Vizag | Free legal aid: NALSA — nalsa.gov.in.
Also read: Police Arrest Rights India | Insurance Claim Rejected India | External: Motor Vehicles Act — indiacode.nic.in
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