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HomePractice AreasMotor Accident Claims
Specialized MACT Practice

Accident Claims &
Compensation.

Secure maximum compensation for road accident victims. We fight insurance companies to get what you rightfully deserve under the Motor Vehicles Act.

THE PROCESS

Timeline of a Claim

From filing the FIR to receiving the award amount, we guide you through every legal step.

STEP 01

FIR & Medical

Registration of FIR (Sec 154 CrPC) and collecting medico-legal reports (MLC) from the hospital.

STEP 02

Claim Petition

Filing claim petition in MACT jurisdiction with all supporting evidence.

STEP 03

Evidence

Proving driver negligence and victim income through cross-examination of witnesses.

STEP 04

Compensation

Pronouncement of Award and execution for recovery from Insurance Co.

Legal Authority

Strategic Advocacy for
Accident Victims

We provide specialized representation for victims and their families, ensuring that insurance companies pay the full compensation entitlement under the Motor Vehicles Act.

Medical Support

Assistance in documenting injuries and procuring medical certificates.

Police Liaison

Ensuring proper FIR registration and charge-sheet filing by police.

Qualified Evaluation

Calculating future income loss and medical expenses accurately.

Liability Challenge

Disproving "Contributory Negligence" claims by insurance lawyers.

Settlement Negotiation

Negotiating with insurance companies for higher settlement offers.

Know The Law

Victim's Rights
MV Act 1988

The Motor Vehicles Act guarantees vital rights to accident victims. We ensure you exercise every legal provision to secure your future.

Right to Medical Care
Fair Compensation
No-Fault Liability
Right to Appeal

Claim Filing

Filing comprehensive claim petitions in MACT with all necessary proofs of income and age.

MACT Litigation

Representing clients in Tribunal hearings and cross-examining adverse witnesses.

Hit & Run

Securing compensation from the Solatium Fund for victims of unknown vehicles.

Interim Relief

Applying for immediate interim compensation under "No Fault Liability" (Sec 140).

Types of Motor Accident Claims

We provide comprehensive legal representation for all categories of road accident compensation claims.

Fatal Accident Claims

Full compensation support for legal heirs throughout the death claim process.

Injury & Disability

Maximizing claims for fractures, permanent disability, and future loss of income.

Hit & Run Cases

Securing Solatium Fund compensation when the offending vehicle is untraced.

Uninsured Vehicles

Recovering compensation from the vehicle owner when no valid insurance exists.

Third-Party Claims

Claims against the insurance company of the at-fault driver for damages.

Passenger & Pedestrian

Representation for innocent bystanders and passengers injured in road mishaps.

Claim Defense

Insurance Denial & Low Offers

Insurance companies often reject claims on flimsy grounds or offer peanuts. We fight back to get you what is fair.

Claim Rejection

  • Valid License Disputes (Light vs Commercial)
  • Alleged Permit Violations
  • Delay in FIR Registration

Low Settlement Offers

  • Undercalculating Future Income Loss
  • ignoring Medical Bills & Diet Charges
  • Reducing Compensation for 'Age' factor

Applicable MACT Laws

Navigating specific provisions of the Motor Vehicles Act and IPC. We leverage these laws to maximize your claim.

Applicable Statutory Framework

Motor Vehicles Act, 1988

  • Sec 166: Filing of Claim Petition
  • Sec 140: No-Fault Liability
  • Sec 163A: Structured Formula
  • Sec 168: Award of Compensation
  • Sec 170: ImpInsurer

Statutory Rules

Central & State Motor Vehicles Rules governing the procedural aspects of filing, evidence, and tribunal timelines.

Judicial Guidelines

Adherence to Supreme Court Precedents (e.g., Sarla Verma, Pranay Sethi) for accurate calculation of loss of income.

Maximize Claims

Heads of Compensation

Compensation is not just for medical bills. The law provides for various "Heads of Claim" to ensure complete restitution.

Loss of Dependency

The primary claim in death cases. Calculated based on the deceased's income, age (Multiplier), and number of dependents.

Medical Expenses

Reimbursement of all actual medical costs incurred, including hospital bills, surgeries, medicines, and diagnostic tests.

Disability & Future Loss

Compensation for permanent disability affecting earning capacity and loss of future career prospects.

Pain & Suffering

Monetary solatium for the physical trauma, mental agony, and shock suffered due to the accident.

Loss of Consortium

Compensation for loss of spousal companionship (Spousal Consortium) or parental care (Parental Consortium).

Attendant & Diet

Costs for special nutrient rich diet during recovery and charges for attendant/nurse care.

Eligible Claimants

Who Can File A Claim?

The Motor Vehicles Act allows specific individuals to file for compensation depending on the nature of the accident.

Injured Victim

Bodily Injury

Legal Heirs

In case of Death

Dependents

Family Members

Vehicle Owner

For Damage (OD)

Guardian

For Minors

Legal Forum

Jurisdiction & Tribunals

01

MACT Tribunal

District Judge Court for initial filing and trial.

02

High Court

Appellate authority for enhancement appeals (Sec 173).

03

Supreme Court

Final apex forum for substantial questions of law.

04

Lok Adalat

For amicable, binding settlement of pending claims.

Document Checklist

To ensure a swift claim process, please gather the following documents immediately after the accident.

FIR & GD Entry

Copy of First Information Report from Police.

Medical Reports

Discharge summary, bills, and prescriptions.

Essential Documents List

  • Copy of Driving License (victim & driver)
  • Insurance Policy of Offending Vehicle
  • Disability Certificate (Injury Cases)
  • Post-Mortem Report (Death Claims)
  • Income Proof / Salary Slips

Motor Accident Claims – Mistakes to Avoid

Failure to lodge an FIR within 30 days

Not registering an FIR within 30 days of the accident can seriously weaken the claim.

Delay beyond 180 days

The claim application must be filed within 180 days; delay may create legal complications.

Not preserving medical records

Absence of medical bills, treatment records, and Medico-Legal Case (MLC) documents can adversely affect compensation.

Failure to collect accident evidence

Not gathering photographs, vehicle details, or witness information at the time of accident is a common mistake.

Not informing insurer in time

Delay in notifying the insurance company may lead to rejection of the claim under policy conditions.

Settling without legal advice

Entering into a settlement without consulting a legal professional often results in inadequate compensation.

Frequently Asked Questions

How long does an accident claim take?

MACT cases can take 1-3 years for a final award. However, we strive to secure 'Interim Relief' (immediate partial compensation) within the first few months while the main case proceeds.

Can I file a claim if the driver ran away?

Yes. This falls under 'Hit & Run' cases. The government provides fixed compensation from the Solatium Fund for such victims, even if the vehicle is untraced.

What is 'No Fault' Liability?

Under Section 140 of the MV Act, victims are entitled to immediate interim compensation without needing to prove anyone's negligence. We file for this immediately.

Can I claim if I was a passenger?

Absolutely. Passengers in a private car, bus, or taxi are 'Third Parties' and have a full right to claim compensation from the insurance company of the offending vehicle.

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