Victims of road accidents — and the families of those who die in them — are entitled to compensation under the Motor Vehicles Act, 1988, as amended in 2019. The chamber of Advocate Manish Jha represents claimants before the Motor Accident Claims Tribunals in Delhi from FIR to final award and its execution.
The Two Statutory Routes
- Section 166 — the principal remedy: a claim for full compensation based on the negligence of the offending vehicle's driver, assessed on income, dependency, medical expenses and other recognised heads.
- Section 164 — a no-fault route under the amended Act providing fixed compensation for death or grievous hurt without the claimant having to prove negligence, useful where evidence of fault is thin or a faster resolution is preferred. A claimant elects one route; both cannot be pursued for the same accident.
The Detailed Accident Report (DAR) Procedure in Delhi
Delhi's Claims Tribunals follow a structured DAR procedure. The investigating officer of the police station concerned collects the accident evidence — mechanical inspection, driving licence, permit, fitness and insurance particulars of the vehicle, witness statements, and the victim's medical and income documents — and files a Detailed Accident Report before the Tribunal within prescribed timelines. The DAR is treated as the claim petition, the insurer is brought in at the outset, and the Tribunal explores settlement on the DAR itself. This substantially reduces the burden on victims, but the record must be verified: gaps in income proof or treatment documents directly depress the award.
Documents Claimants Should Preserve
- FIR and police papers relating to the accident
- Complete medical records, bills and disability certificate, if any
- Proof of income — salary slips, ITRs, bank statements or business records
- In death cases, proof of dependency and legal-heir documents
What Insurers Argue
Insurers commonly plead contributory negligence, absence of a valid driving licence or permit, use of the vehicle in breach of policy conditions, or exaggeration of income and injuries. Anticipating these defences at the evidence stage is a large part of effective claimant-side work.
For the tribunal-side view of this practice, see MACT practice in Delhi, and for insurer disputes generally, the insurance claims page.
Frequently Asked Questions
Who can file a motor accident claim?
The injured person may file, and in death cases the legal representatives of the deceased — spouse, children, parents and other dependants — may claim compensation. The claim is filed before the Motor Accident Claims Tribunal, and in Delhi the police-filed Detailed Accident Report itself is treated as the claim petition.
Is there a time limit for MACT claims?
The Motor Vehicles (Amendment) Act, 2019 introduced a six-month period for filing claims from the date of the accident. Claimants should therefore act promptly rather than wait for criminal proceedings to conclude. In Delhi, cooperation with the investigating officer preparing the DAR usually brings the claim before the Tribunal within this period.
What if the driver was not at fault or fault is unclear?
Section 164 of the amended Act provides fixed no-fault compensation for death or grievous hurt, without proof of negligence. Where evidence of fault exists, a Section 166 claim generally yields higher compensation because it is assessed on actual income, dependency and expenses. The choice between routes should be made on the strength of the evidence.
What if the offending vehicle was uninsured or fled?
A claim still lies against the owner and driver personally where the vehicle is uninsured. In genuine hit-and-run cases where the vehicle is untraced, a statutory scheme under the Motor Vehicles Act provides fixed solatium. Identifying the vehicle through police investigation remains the priority, since a Section 166 claim ordinarily secures better compensation.