Motor Accident Compensation Claims in Delhi
Compensation for road accident injury or death is claimed before the Motor Accident Claims Tribunal, and there is no limitation period for filing. Delay still hurts a claim in practice, because evidence disappears, but a claim is not barred merely because time has passed.
What we handle
- Compensation claims for injury and permanent disability
- Death claims by dependants
- Hit-and-run claims
- Claims against insurers and disputes over policy coverage
- Appeals against inadequate awards
- Third-party insurance disputes
Key facts
- Governing law
- Motor Vehicles Act, 1988, as amended
- Limitation
- No limitation period applies to filing a motor accident compensation claim
- Where filed
- Motor Accident Claims Tribunals sitting within the Delhi district courts
- Key documents
- FIR, charge sheet, medical records, disability certificate, income proof, vehicle and insurance particulars
- Basis of computation
- Loss of income, medical expenses, disability, pain and suffering, and for death claims, dependency and conventional heads
How it works
- Preserve the recordFIR copy, mechanical inspection report, hospital records and bills, and income proof. Income documentation is what most claims are undervalued for.
- File the claim petitionBefore the Tribunal having jurisdiction, impleading the driver, owner and insurer.
- EvidenceMedical evidence and proof of income drive the quantum more than anything else.
- Award and enforcementAwards are enforceable against the insurer, and appeals lie against inadequate compensation.
Common questions
Is there a deadline to file a motor accident claim?
No. The limitation period for motor accident claims was removed by amendment, so a claim is not barred by delay. That said, evidence degrades with time and tribunals do ask why a claim was delayed, so filing promptly remains materially better.
The other vehicle was uninsured or fled the scene.
Claims are still maintainable. Hit-and-run compensation is available under a statutory scheme, and where the vehicle is identified but uninsured, the owner and driver remain personally liable.
How is the compensation amount decided?
For injury claims, on medical expenses, loss of earning capacity and the extent of disability. For death claims, on the deceased's income, a multiplier based on age, deduction for personal expenses, and conventional heads such as loss of consortium and funeral expenses.
Speak to an advocate about this.
Send your documents on WhatsApp and get an assessment of your position, usually the same day.