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Road Accident Claim



Accidents are unfortunate incidents, occurrences of which cannot be obliterated completely, but can only be minimized by adopting most vigilant practices, safety precautions etc. Sometimes accidents do happen when responsibility and liability cannot be affixed on certain individuals or malfunctioning of certain machinery and the Law recognizes the Principle of ‘No faulty Liability’ for such unfortunate incidents.  In such cases, the loss of life and loss of dependency cost of the dependents of such victims cannot be written off merely on the pretext that negligence on the part of Department/Institutions or its agencies cannot be substantiated for want of stricter proofs.  Also being in the public domain and mandated by the Constitution to work for the larger interest of the society, it is expected from the Department/ Entities to pay a just compensation for any loss of life or a good life to victim’s dependents of such victims in addition to the existing provisions under various welfare legislations. The Department being model employer is required to undertake certain duties.

The Road accidents that happen in a day-to-day life, from a different angle and narrates How a victim can claim for Road Accident Compensation as per M.A.C.T. Guidelines.

What is the process that one should follow to get compensation after facing a road accident?

People were killed in road accidents every day, government data reveals. The hapless victims are left paralyzed on the street and after by the intricacies involved in legal machinery.

There are two facets in this circumstance-

  1. One is the commission of the criminal offense. 2. Second is the compensation claim.

What next after an Accident?

A case is registered by the local police on complaining or either they will take cognizance on their own. (Registration of F.I.R). For this-

Who Can Claim Compensation in Motor Accident Cases?

By the person who has sustained the injury/legal representatives /Property owner/ any agent duly authorized by the person injured.

Third Party Liability in Case of Accidents and Insurance Requirement

 The liability of the insurance company is not extended to a pillion rider or a co-passenger of the motor vehicle unless the requisite amount of premium is paid for covering this risk.

  • The legal obligation cannot be extended to an injury or death of the owner of the vehicle or the pillion rider. Further, the pillion rider on a two-wheeler cannot be treated as a third party when the accident has taken place owing to the rash and negligent riding of the scooter and not on the part of the driver of another vehicle.

Road Accident Compensation in Case Where Both Driver And the Victim Were Negligent: Would he be entitled to any road accident compensation?

1. Contributory negligence is when the claimant himself has been negligent and has contributed to the occurrence of the accident

2 Composite negligence means where the accident occurs due to the negligence of two or more persons but, not the victim.                                                                                       

  In such a case, each wrongdoer is jointly and severally liable to the injured for the payment of the entire damages and the injured person has the choice of proceeding against all or any of them.

  1. Method of Disbursement of compensation

The amount of compensation so awarded shall be deposited in a Nationalized Bank or if the branch of a Nationalized Bank is not in existence, shall be deposited in the branch of scheduled commercial bank, in the joint or single name of the victim/ dependent(s). Out  of  the amount so deposited,  75% (seventy five percent)  of  the  same shall be put in a fixed deposit for a minimum  period of one  year and  the  remaining 25% (twenty five percent) shall be available for utilization and initial expenses by the victim/dependent(s) as the case may be.

  1. In the case of a minor, 75% of the amount of compensation so awarded shall be deposited in the fixed deposit account and shall be drawn only on attainment of the age of majority, but not _before one year of the deposit. Provided that in exceptional cases, amounts may be withdrawn for educational or medical needs of the beneficiary at the discretion of the
  2. or medical needs of the beneficiary at the discretion of the
  • The interest on the sum shall be credited directly by the bank m the saving account of the victim/ dependent(s) on monthly


First Information Report

Photographs of the scene of the accident from all angles.

Statement of the witnesses recorded by the Police.

Scientific report, if the Victim was under the influence of any liquor/ drugs.

In case of Death

a)   Post Mortem Report

b)   Death Certificate

c)   Photograph and proof of the identity of the   Dead.

d)   Proof of legal representatives of the deceased.

e)     Photograph, specimen signatures attested by the bank and identity proof of the legal representatives of the deceased.

f)    Treatment of the deceased with name and address of the Hospital.

g)   Bank account No. of the legal representatives of the deceased.

In case of Injury


a)    MLC

b)    Multi angled photographs of the injured.

c)    Photograph, specimen signatures attested by the bank    and   Identify proof the Injured.

d)   Disability certificate

e)   Any other relevant information.

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