Practice area

Motor Accident Claims (MACT)

Compensation claims before the Motor Accident Claims Tribunal for death and injury, hit-and-run claims, insurance disputes and appeals.

Motor Vehicles Act 1988 (as amended 2019) · BNS s. 106

Overview

After a road accident, families face medical costs and loss of income at the same time as police formalities. The firm represents claimants before the Motor Accident Claims Tribunal and in insurance disputes, and represents vehicle owners where liability is contested.

Statutory framework

Motor Vehicles Act, 1988 — Section 166 (compensation claims), Section 164 (fixed compensation for death or grievous hurt without proof of fault), Section 161 (hit-and-run compensation) and Section 173 (appeal to the High Court).
The 2019 amendment introduced a time limit of six months from the accident for filing claims; legal advice should be taken early.
Section 106, BNS 2023 — causing death by negligence.

Common situations

Death of an earning member of the family.
Permanent disability or serious injury.
Hit-and-run accidents where the vehicle is not traced.
Insurer denying liability over licence, permit or policy conditions.
Appeals seeking higher compensation.

How the process usually runs

Collect the FIR and the police accident report.
Medical and income documents are assembled.
Claim petition before the Tribunal where the accident occurred or where the claimant lives.
Evidence on negligence, income and dependency.
Award and appeal to the High Court where necessary.

Documents to keep ready

FIR and accident report
Post-mortem or medical records and bills
Disability certificate, where applicable
Income proof of the injured or deceased
Vehicle number, insurance and registration details, if known

Frequently asked questions

Where can the claim be filed?

Before the Claims Tribunal where the accident occurred, where the claimant resides or carries on business, or where the defendant resides.

What if the vehicle that caused the accident is not traced?

Compensation for hit-and-run accidents is payable from the fund created under the Motor Vehicles Act, through an application to the claims enquiry officer.

Can the award be challenged?

Yes. An appeal lies to the High Court under Section 173 of the Act.

Before you contact the office

This page is general information about the law, not legal advice for your situation.
Reading it or contacting the office does not create an advocate–client relationship.
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No outcome can be promised in any matter.

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