Road accident compensation in India runs through three main tracks: a full claim before the Motor Accident Claims Tribunal, fixed no-fault compensation under Section 164, and, for hit-and-run cases, fixed compensation from the government's Solatium Fund under Section 161. Which applies to you depends on whether the responsible vehicle is known and how quickly you need funds.
How does filing a claim before the MACT actually work?
File your claim petition before the Motor Accident Claims Tribunal with jurisdiction over the accident location, within 3 years of the accident. Once you notify the respondent, typically the vehicle's insurance company, they generally have 30 days to respond. Both sides then present evidence, medical records, police reports, eyewitness accounts, during the Tribunal proceedings.
What if the responsible driver was never identified (hit-and-run)?
Under Section 161 of the Motor Vehicles Act, you're entitled to fixed compensation from the government's Solatium Fund, even without identifying the responsible vehicle or driver: ₹2 lakh (or a higher prescribed amount) for death, and ₹50,000 for grievous hurt. The investigating officer verifies the case and forwards it for approval, with the designated insurance company releasing the amount within 15 days of approval.
What is the Golden Hour scheme, and how does it interact with hit-and-run compensation?
Under Section 162, the Golden Hour scheme provides cashless treatment for road accident victims in the critical period immediately after an accident. If you've already received payment under this scheme, that amount gets deducted from any hit-and-run compensation you separately claim under Section 161, you receive only the balance, not both in full.
What is 'no-fault' compensation under Section 164?
A fixed compensation the vehicle owner or their insurer must pay, currently ₹5 lakh for death and ₹2.5 lakh for grievous hurt, without you needing to prove the driver was at fault. It's generally faster to secure than a full MACT claim, since it removes the fault-establishment step, though it may be lower than what a full claim could yield if fault and loss are properly established.
Should you pursue a full MACT claim or just the fixed compensation?
Depends on your situation. No-fault compensation gets you funds faster with less to prove, but a full MACT claim, once fault and the extent of loss are established, can yield significantly more where the loss genuinely justifies it. An advocate experienced in motor accident claims can assess which route, or combination, fits your specific facts. Where the victim was a homemaker, also ask about the new loss of domestic care compensation head the Supreme Court recognised in 2026.
Disclaimer: This article is for general information only and is not legal advice. Consult a qualified advocate promptly after an accident.
Frequently asked questions
How long do I have to file a claim before the MACT?
Within 3 years from the date of the accident. File your claim petition before the Motor Accident Claims Tribunal (MACT) with jurisdiction over the location of the accident.
What compensation is available for a hit-and-run accident?
Under Section 161 of the Motor Vehicles Act, a fixed sum of ₹2 lakh (or a higher amount if later prescribed) is payable for death, and ₹50,000 for grievous hurt, from the government's Solatium Fund, even when the responsible vehicle or driver is never identified.
What is the 'Golden Hour' scheme?
Under Section 162 of the Motor Vehicles Act, the Golden Hour scheme provides cashless treatment for road accident victims. If you've already received payment under this scheme, that amount is deducted from any hit-and-run compensation you separately receive under Section 161, only the balance is paid.
What is 'no-fault' compensation under Section 164?
Section 164 makes the vehicle owner or their insurer liable to pay fixed compensation, currently ₹5 lakh for death and ₹2.5 lakh for grievous hurt, without the claimant needing to prove the driver was at fault. This is separate from, and generally faster than, a full compensation claim that requires establishing fault and quantifying loss.
Does filing a MACT claim require the other party's insurer to respond?
Yes. Once you notify the respondent, typically the vehicle's insurance company, they generally have 30 days to respond. Both sides can then present evidence, medical records, police reports, and eyewitness accounts, during the Tribunal proceedings.