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Traffic Laws

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I was injured in a road accident. How do I get compensation?

Simple answer

Claim at the Motor Accident Claims Tribunal (MACT) against the vehicle's owner and insurer. For death or grievous hurt, fixed no-fault compensation (₹5 lakh or ₹2.5 lakh) is also possible. If the vehicle is never traced, a government scheme pays ₹2 lakh for death or ₹50,000 for grievous hurt.

Real-life examples

A speeding car hit Gurpreet's scooter in Ludhiana and broke her leg. She got cashless treatment, made sure an FIR was filed, and claimed her medical costs and lost income at the MACT from the car owner's insurer.

Fatima's husband was killed at night by a truck that was never found. Since this was a hit-and-run, she applied for the ₹2 lakh compensation to the Claims Enquiry Officer of the sub-division where the accident happened.

What should you do?

  1. 1Call 112 or 108 and get to a hospital fast. Under the PM-RAHAT scheme, victims get cashless treatment up to ₹1.5 lakh for up to 7 days at designated hospitals.
  2. 2Make sure police register an FIR, and take a free copy. Note the vehicle number and witnesses.
  3. 3Keep all medical bills, reports, the discharge summary and proof of income.
  4. 4File a claim at the MACT where the accident happened, where you live or work, or where the other side lives. File as early as you can.
  5. 5Hit-and-run? Apply to the Claims Enquiry Officer (usually the SDM or Tehsildar) of the area where it happened.
  6. 6Can't afford a lawyer? Call NALSA at 15100 for free legal aid.

Exceptions & limits

  • If you accept the fixed no-fault compensation, your MACT claim for a bigger amount ends. Talk to a lawyer before choosing.
  • The law sets a 6-month limit to file a claim, but the Supreme Court put it on hold in November 2025 while it hears a challenge. Still, file early.

Official legal reference

  • Motor Vehicles Act, 1988 — Section 166

    How and where to file a compensation claim before the Claims Tribunal; sub-section (3) sets a 6-month limit.

  • Motor Vehicles Act, 1988 — Section 164

    Owner or insurer pays ₹5 lakh for death or ₹2.5 lakh for grievous hurt, without the claimant proving negligence.

  • Motor Vehicles Act, 1988 — Section 161

    Hit-and-run: ₹2 lakh for death and ₹50,000 for grievous hurt, paid under a central government scheme.

  • Motor Vehicles Act, 1988 — Section 162

    Cashless treatment for road accident victims, including in the golden hour; now run as PM-RAHAT (up to ₹1.5 lakh for 7 days).

Where to get help

Emergency (ERSS)

Police, fire or ambulance in an emergency, anywhere in India.

Ambulance

Emergency ambulance (available in most states).

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Source & status

Applies to
All of India
Law in force since
1 Apr 2022
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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