Motor Accident Claims (MACT): Documents You Will Need

Compensation for death or injury in a motor accident is claimed before the Motor Accident Claims Tribunal (MACT) under the Motor Vehicles Act, 1988. Most claims fail or get delayed not on the law, but on missing paperwork. Here is what tribunals typically ask for.

Time limit and forum

The claim application should be filed within 6 months of the accident (Section 166(3)); delay can be condoned on sufficient cause. It may be filed before the Tribunal within whose jurisdiction the claimant resides, or where the accident occurred, or where the insurer carries on business (Section 166(2)).

The document checklist

1. FIR of the accident. 2. Medico-legal certificate, and in fatal cases the post-mortem report. 3. Medical records — hospital bills, discharge summary, prescriptions, and diagnostic reports. 4. Disability certificate for injury claims involving permanent disablement. 5. Income proof — salary slips, income-tax returns, or an employer certificate (for loss-of-income computation). 6. Age proof of the deceased or injured. 7. Vehicle documents — registration certificate and the insurance policy of the offending vehicle. 8. Driving licence details of the driver. 9. Photographs of the accident spot and vehicles, if available.

How compensation is assessed

Tribunals assess compensation under heads such as medical expenses, loss of income (present and future), pain and suffering, and — in fatal cases — loss of dependency and consortium, broadly following the principles in the Second Schedule to the Act. The insurer of the offending vehicle is ordinarily made a party to the proceedings.

General information, not legal advice

This article is general legal information about the law as it stands. It is not legal advice for any specific matter — every case turns on its own facts. For advice about your own situation, please consult an advocate.

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