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Accident & Compensation

MACT Practice in Delhi

How the Delhi Claims Tribunals compute compensation, fix liability and enforce awards

Motor Accident Claims Tribunals are specialised forums created under the Motor Vehicles Act, 1988. This page describes the chamber's tribunal-side practice — the benches, the method of computing awards and their enforcement. Victims seeking first-step guidance may begin with the motor accident claims page.

Where the Tribunals Sit

MACT benches, presided over by judicial officers of the Delhi Higher Judicial Service, function at the district court complexes of Delhi — including Tis Hazari, Karkardooma, Rohini, Dwarka, Saket and Patiala House. Jurisdiction generally follows the area of the accident or the claimant's residence, and appeals from awards lie to the High Court of Delhi.

How Compensation Is Computed

In death and injury cases the Tribunals follow the structured multiplier method developed in motor accident jurisprudence:

  • Income — the deceased's or injured person's established income, with a standardised addition for future prospects varying by age and the nature of employment; notional income is taken for non-earning victims.
  • Dependency — in death cases, a fraction of income is deducted for the deceased's personal expenses, the fraction depending on the number of dependants.
  • Multiplier — the resulting annual figure is multiplied by a factor fixed according to the age of the deceased, producing the loss-of-dependency amount.
  • Conventional and injury heads — fixed sums for loss of consortium, loss of estate and funeral expenses in death cases; medical expenses, attendant charges, loss of earning capacity against permanent disability, and pain and suffering in injury cases.

Liability of Driver, Owner and Insurer

The driver's negligence fixes liability; the owner is vicariously liable; and the insurer indemnifies within the policy. Where a policy defence such as an invalid licence succeeds, Tribunals frequently apply the pay-and-recover principle — the insurer pays the victim and recovers from the owner — so that the claimant is not left chasing an individual.

Execution of Awards

Awards are usually satisfied by insurers by deposit within the time fixed, with interest. Where the award is against an uninsured owner, execution proceedings — attachment of assets and other coercive steps — become necessary, and the chamber conducts these before the Tribunals.

Frequently Asked Questions

Which MACT will hear my claim in Delhi?

MACT benches function at the Delhi district court complexes, including Tis Hazari, Karkardooma, Rohini, Dwarka, Saket and Patiala House. The claim ordinarily goes to the Tribunal for the area where the accident occurred or where the claimant resides. In DAR matters, the police file the report before the jurisdictional Tribunal.

How is compensation for death calculated?

The Tribunal takes the deceased's established or notional income, adds a standardised component for future prospects, deducts a fraction for personal expenses based on the number of dependants, and multiplies the balance by a factor fixed by the deceased's age. Conventional sums for consortium, estate and funeral expenses are added, with interest.

Can the insurer refuse to pay citing the driver's licence?

The insurer may plead breach of policy conditions, such as an invalid licence or permit. Even where such a defence succeeds, Tribunals commonly direct the insurer to pay the award to the claimant first and recover the amount from the vehicle's owner, so the victim's compensation does not depend on the owner's solvency.

What happens after an award is passed?

Insurers ordinarily deposit the awarded amount with interest within the time fixed, and the Tribunal disburses it, often keeping part in fixed deposit for protected claimants. If the award is against an uninsured owner who does not pay, execution proceedings for attachment of property follow. Either side may appeal to the High Court of Delhi.