Act fast
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?
- 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.
- 2Make sure police register an FIR, and take a free copy. Note the vehicle number and witnesses.
- 3Keep all medical bills, reports, the discharge summary and proof of income.
- 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.
- 5Hit-and-run? Apply to the Claims Enquiry Officer (usually the SDM or Tehsildar) of the area where it happened.
- 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
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.