Timeline of a Claim
From filing the FIR to receiving the award amount, we guide you through every legal step.
FIR & Medical
Registration of FIR (Sec 154 CrPC) and collecting medico-legal reports (MLC) from the hospital.
Claim Petition
Filing claim petition in MACT jurisdiction with all supporting evidence.
Evidence
Proving driver negligence and victim income through cross-examination of witnesses.
Compensation
Pronouncement of Award and execution for recovery from Insurance Co.
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.
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.
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.
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.
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.
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
Jurisdiction & Tribunals
MACT Tribunal
District Judge Court for initial filing and trial.
High Court
Appellate authority for enhancement appeals (Sec 173).
Supreme Court
Final apex forum for substantial questions of law.
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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