The word advocate is derived from the Latin word advocatus which means “one who pleads the cause of another”. In legal context, an advocate is a lawyer who specializes in courtroom advocacy or trial advocacy.
An accident claim lawyer is a type of lawyer that specializes in representing people who have been injured as a result of a car accident, slip and fall, product liability, etc.
Century Law Firm has vast experience in handling Accident Claim Cases and Motor Accident Claim Cases (MACT Matters). So, Consult us for better results.
Reviewed and updated by Century Law Firm, Delhi – October 2026. Statutory references are to the Acts as in force on that date.
Motor accident claims in India: how compensation is decided
The legal routes
- Section 166, Motor Vehicles Act, 1988 – fault-based claim. Filed before the Motor Accident Claims Tribunal (MACT) by the injured person or the legal representatives of the deceased against the driver, owner and insurer. Since 1 April 2022 the claim must be filed within six months of the accident (Section 166(3), reinstated by the 2019 amendment), though tribunals may condone delay for sufficient cause.
- Section 164 – no-fault compensation. Fixed sums of ₹5 lakh for death and ₹2.5 lakh for grievous hurt, payable without proof of negligence (replacing the old Sections 140 and 163A). A claimant who accepts it cannot also pursue a Section 166 claim.
- Hit-and-run cases. The Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022 pays ₹2 lakh for death and ₹50,000 for grievous hurt from a central fund administered through the District Collector and the General Insurance Council.
- Criminal case. The driver is separately prosecuted under Section 106(1) BNS (death by negligence, formerly 304A IPC), Section 281 (rash driving, formerly 279) and Sections 125(a)/(b) (formerly 337/338), and under Sections 184 and 185 of the MV Act. The criminal record and charge-sheet are the backbone of the civil claim.
How the amount is computed
- Multiplier method (Sarla Verma v. DTC, 2009): annual income, less personal expenses (one-third for a married person with 2–3 dependants, one-half for a bachelor, one-fourth for 4–6 dependants), multiplied by a factor fixed by the deceased’s age (18 at age 15–25, down to 5 above 65).
- Future prospects (National Insurance Co. v. Pranay Sethi, 2017, Constitution Bench): add 50 per cent of income for a permanent employee below 40, 30 per cent for 40–50 and 15 per cent for 50–60; for the self-employed or on fixed salary, 40, 25 and 10 per cent.
- Conventional heads (Pranay Sethi, with Magma General Insurance v. Nanu Ram, 2018): loss of estate ₹15,000, funeral expenses ₹15,000 and loss of consortium ₹40,000 to each dependant (spousal, parental and filial), increased by 10 per cent every three years.
- Notional income for homemakers, children and those without proof of income is fixed by the tribunal with reference to the minimum wage and the Supreme Court’s guidance in Kirti v. Oriental Insurance (2021).
- Injury cases: medical expenses, loss of earnings during treatment, loss of future earning capacity based on the percentage of permanent disability (Raj Kumar v. Ajay Kumar, 2011), attendant charges, pain and suffering, and loss of amenities.
- Interest is usually awarded at 7.5–9 per cent from the date of filing; insurers may defend on the merits only under Section 149/170 and otherwise “pay and recover” from the owner where the driver had no valid licence or the policy was breached.
The Delhi procedure
Delhi’s tribunals follow the Claims Tribunal Agreed Procedure developed in Rajesh Tyagi v. Jaibir Singh (Delhi High Court), now adopted nationally through the Central Motor Vehicles (Fifth Amendment) Rules, 2022: the investigating officer files a First Accident Report within 48 hours, an Interim Accident Report within 50 days and a Detailed Accident Report (DAR) within 90 days, with the driving licence, registration, insurance, medical and income documents; the DAR is treated as the claim petition, the insurer must make an offer within 30 days, and the tribunal records a settlement or proceeds to a short trial. Awards are paid by bank transfer with a portion often kept in fixed deposits for dependants.
Related reading: Motor Accident Claims Tribunals (MACT), Section 304A IPC – death by negligence, Bombay High Court on rash and negligent driving, and legal maxims such as volenti non fit injuria and res ipsa loquitur that arise in accident claims.
Frequently asked questions
Six months from the date of the accident under Section 166(3) of the Motor Vehicles Act, in force from 1 April 2022. Tribunals can condone delay for sufficient cause, but claimants should file promptly.
There is no fixed figure in a fault-based claim: the tribunal applies the multiplier method of Sarla Verma and Pranay Sethi to the deceased’s income, adds future prospects and conventional heads, and awards interest. The no-fault alternative under Section 164 is a fixed ₹5 lakh for death and ₹2.5 lakh for grievous hurt.
If the vehicle was insured, the insurer usually pays the victim and recovers from the owner where the policy was breached (pay-and-recover). If the vehicle was uninsured, the owner and driver are personally liable; in hit-and-run cases the 2022 Scheme pays ₹2 lakh for death and ₹50,000 for grievous hurt.
