If a person has an accidental death and the person was filing income tax returns for the last three years, then the government is obliged to give ten times the average annual income of the last three years to that person’s family.
Yes, you will be surprised by this, but this is right and it is Government rule. For example, if someone’s annual income is 4 lakh 5 lakhs and 6 lakhs in the first, second and third years respectively, its average income is ten times of five lakhs.. means five million rupees, family of that person is entitled to receive from the Government.
In the absence of much information, people do not take this claim with the Government.
If any return is missing, mainly last three years, this could lower the claim amount or even no claim because court takes ITR as only evidence. NO wealth record, FD’s; business etc. is given that much importance as compared to ITR in the eyes of law.
Many a time, people do not file ITRs regularly..or it will be taken lightly..
Due to lack of information the family receives no economic benefits.
Section 166 of the Motor act, 1988 (Supreme Court Judgment under Civil/ Appeal No. 9858 of 2013, arising out of SLP (c) No. 1056 of 2008) Dt. 31 Oct. 2013. Fowarded as Received..
What is the process that one should follow to get compensation after facing a road accident?The sight of the accident is very common on Indian roads. Over 400 people were killed in road accidents every day in 2015, government data reveals. The hapless victims are left paralyzed on the street and after by the intricacies involved in legal machinery.
Here is a simplified guide on how one can get compensation if it ever becomes a victim of a road accident.
Compensation to the Victims of Motor Vehicle Accidents
Rapid justice and speedy trial are two eyes of any justice delivery system. The justice delivery system in M.A.C.T (Motor Accident Claims Tribunal cases) is far away from satisfactory. Say, an owner of a brand new Mercedes while returning from his game of hunting crashes his car into a footpath, killing civilians over it.
There are two facets in this circumstance-
One is the commission of the criminal offense.
Second is the compensation claim.
What to Do After an Accident?
A case is registered by the local police on complaining or either they will take cognizance on their own. (Registration of F.I.R). For this-
One should take pictures of the accident scene or even a video for use as evidence later on. Even just a passer-by can do this and provide the photos or videos to police for support in investigation and delivery of justice.
They should, however, call the 100 number (police hotline) and inform what the situation is in a clear and calm manner.
What is said on this call gets recorded and can be used as evidence later on.
After this, police has to register FIR, investigate and then charge-sheet the accused. After this, the judicial mechanism will set itself into motion.
Legal intricacies involving demand of proper compensation to be put forward before MACT tribunal.
Who Can Claim Compensation in Motor Accident Cases?
Section 165 (claim for compensation) can be made–
By the person who has sustained the injury.
By the owner of the property where death has resulted from the motor accident.
By all or any of the legal representatives of the deceased.
By any agent duly authorized by the person injured or all or any of the legal representatives of the deceased, as the case may be.
Jurisdiction: Where Should One Claim Compensation for Motor Accident?
If a man from Calcutta is on a tour to Kanyakumari and gets involved in the motor accident at Kanyakumari then, where should he file a road accident compensation claim? The Procedure requires as follows:
Every application is to be made at the option of the claimant, either to the Claims Tribunal who is having jurisdiction over the area in which the accident occurred. (Place Of Accident)
Or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides (Nearest Tribunal to Victim) or carries on business.
Or within the local limits of whose jurisdiction the defendant resides(Nearest Tribunal Where The Accused Resides).
If the Driver Had No Fault in the Motor Accident then, Can the Victim Still Get Road Accident Compensation?
A, as per her mother’s instruction went to a shop for local veggies. First, she looked left then right and then left and then took the zebra crossing. But, while crossing hurriedly, she was hit by a car. Even though there was no fault on either side, what could be the intricacies involved while demanding road accident compensation in this case?
No Fault Liability in Case of Motor Accident for Drivers
Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle, the owner of the vehicle or the owners of the vehicles, will be liableto pay road accident compensation in respect of such death or disablement.
In the case of death, the minimum sum to be paid is INR 50,000/- and in the case of disablement, a minimum sum to be paid is INR 25,000/-, and this minimum is subject to additional compensation which the tribunal might grant under s 163A.
For a victim, one does not need to prove the negligence of the opposite side, it is assumed.The victim need not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made, was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person.
How Much Road Accident Compensation is One Entitled to in Case of Motor Vehicle Accident in India?
Simply put, if a driver is involved in an accident in India and if it caused victim’s death then, aminimum of INR 50,000/- and if permanent disablement is caused then, a minimum of INR 25,000/- must be paid.
A claims tribunal can pay even more after considering the case. The owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of a motor vehicle under section 163A.
“There can be no doubt that, compensation claimed u/s 140 is governed by the no fault principle”.
Permanent disablement for this purpose means–
Permanent privation of the sight of either eye or the hearing of either ear or privation of any member or joint.
Destruction or permanent impairing of the powers of any member or joint.
Permanent dis-figuration of the head or face.
Third Party Liability in Case of Car Accidents and Insurance Requirement
For instance: ‘A’ purchases a motor vehicle through a Nationalized Bank on 1.10.1993 and the said vehicle is insured for ‘The Period Of One Year’. He sells the vehicle to ‘B’ on 3.11.1993. The Motor Vehicle in the custody of ‘B’ meets with an accident on 6.11.1993 and the name of the owner of the said vehicle is not yet changed in the R.C Book. ‘A’ has not sent an application in the ‘Prescribed Form’ about the Transfer of Motor Vehicles to the Insurance Company immediately.
Whether the transfer of motor vehicle has to be allowed to put an end to the Insurance Policy automatically or
Whether the mere transfer of motor vehicle entangles the statutory protection of just compensation amount to the victims.
The driving of an uninsured Motor Vehicles is an offense, requiring punishment for 3 months Or fine of one thousand Rupees under Section 196 of the act.
Moreover, in case of sale of a car or other vehicles, the person selling the motor vehicle shall apply within fourteen days, from the date of transfer, in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance and the policy described in the certificate in his favor and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance.
The transfer of the motor vehicle puts an end to the compulsory insurance policy itself as the application in the ‘prescribed form’ is not sent to the Insurance Company.
Further, the complication arises when the said vehicle is hypothecated by a Nationalized Bank and under such circumstances, the poor victims are shoved to the ‘sea of troubles’ for their inability of getting the compensation amount in time.
Is A Pillion Rider Entitled to Road Accident Compensation in A Case of Two-Wheeler Accident Or A Co-Passenger in Case of Car Accident?
The Supreme Court created a precedent to be followed in cases involving pillion riders and co-passengers.
The liability of the insurance company in a case of this nature is not extended to a pillion rider or a co-passenger of the motor vehicle unless the requisite amount of premium is paid for covering his/her risk.
The pillion rider in a two wheeler or a co-passenger in a car is not to be treated as a third party when the accident has taken place owing to the rash and negligent riding of the two-wheeler or car and not on the part of the driver of another vehicle.
It is thus settled that, the liability of the insurance company is not extended to a pillion rider or a co-passenger of the motor vehicle unless the requisite amount of premium is paid for covering this risk.
The legal obligation cannot be extended to an injury or death of the owner of the vehicle or the pillion rider. Further, the pillion rider on a two-wheeler cannot be treated as a third party when the accident has taken place owing to the rash and negligent riding of the scooter and not on the part of the driver of another vehicle.
Road Accident Compensation in Case Where Both Driver And the Victim Were Negligent
What if victims were also negligent while the driver was also negligent and the accident occurred due to the contributory negligence of both parties?
For example, someone starts driving on a one-way road in the wrong direction while another car is driving in the right direction but, without headlights on. The two collide which results in severe injury to the two wheeler driver. Would he be entitled to any road accident compensation?
Contributory negligence is when the claimant himself has been negligent and has contributed to the occurrence of the accident. In contributory negligence, the victim himself has contributed and therefore, his compensation gets reduced in proportion to his fault. Thus, if the victim is equally negligent and has contributed to the accident in equal measures, he would get only half the compensation.
On the other hand, Composite negligence means where the accident occurs due to the negligence of two or more persons but, not the victim. In an accident involving two or more vehicles, where a third party claims damages for loss or injuries, it is said that the road accident compensation is payable in respect of the composite negligence of the drivers of those vehicles.
In such a case, each wrongdoer is jointly and severally liable to the injured for the payment of the entire damages and the injured person has the choice of proceeding against all or any of them.
What Happens in Case of the Accident Caused by an Underage Driver?
Chachu giving keys to his niece and nephew is common in India. But, what would a person do if he is hit by a minor driving a vehicle? In these cases, Insurance company does not provide with road accident compensation on behalf of the insurer and the liability lies on the child’s legal parent or guardian.
Compensation Provided in Motor Vehicle Accident Where Victim is a Child
A child is not the bread earner of the family and hence, the death of a child during a motor vehicle accident involves different intricacies. Along with awarding for pecuniary losses, the court also has to award for future losses. Pain and suffering caused because of the sudden demise of life, the age of the child, while the accident took place, etc has to be factored in.
The apex court formed a point that, while considering such claims, child’s performance in school, the reputation of the school etc. might be taken into consideration. When records show that the children were good in studies and were studying in a reasonably good school  then naturally, their future prospect would be presumed to be good and bright. Since they were children, there is no yardstick to measure the loss for future prospects of these children. However, as already noted, they were performing well in studies, the natural consequence was supposed to be a bright future.
What Happens in the Case Where Victim of a Motor Vehicle Accident is a Housewife?
When the victim of an accident is a housewife then the settled law is  “for the purpose of awarding compensation to the dependents” some pecuniary estimate has to be made of the services of housewife/mother.
The amount payable to the dependants cannot be diminished on the ground that some other family member can take care of the well-being of the family as the deceased housewife did. In its wisdom, the legislature had, as early as in 1994, fixed the notional income of a non-earning person at Rs.15,000/- per annum and in the case of a spouse, 1/3rd income of the earning/surviving spouse for the purpose of computing the road accident compensation.
Plight of the Victims Due to Ambulance Chaser
The legal profession has its share of ‘ambulance chasers,’ as they are called in some of the western countries. These are the lawyers who make a living out of the motor vehicle accidents. It is a well-oiled network where the lawyers and the police act in close co-ordination.
It is woeful to note that the moment an accident takes place, the Police Inspector concerned gets in touch with the particular network of lawyers.Such lawyers swoop on the hapless victims who are in a confused state and even when the dead body is placed for funeral ceremony or the said ceremony is just over, they allure the said victims with promises of getting the huge road accident compensation amount, without spending any amount of money from their purse even for the stamps in the M.A.C.T petitions.
The poor overwhelmed accident victims believe the promises of such lawyers and entrust the briefs to them by signing the blank papers, including stamped papers and withdrawal slips, in advance without the knowledge of the victims in such cases. Further, their counsels themselves enter into the compromise with the Insurance company as to the compensation amount, even without the consent or knowledge of the victims.
Compensation Provided to the Victim in Hit And Run Cases
In Salman Khan’s case– “The verdict doesn’t really affect us in any way,” Mohammad Kaleem, 35, tells The Indian Express from Sultanpur. “How do we benefit if he is sent to jail? I received Rs 1.5 lakh in compensation but, it was spent on my treatment. We’re poor and the jail term won’t fill our stomachs.”
Section 163 A of M.V. Act deals with the situations involving hit and run cases. After the accident, either the victim or his legal representative can file an application to the Claim Officer of the taluka where the jurisdiction lies. After the proper inquiry and the procedure involving submission of post mortem certificate or injury certificate, road accident compensation may be provided from the solatium fund created by the government within 15 days.
Time Limit for Filing of Complaint Before the Tribunal for Motor Vehicle Accidents in India
There is no time limitation for filing road accident compensation claims before the tribunal in respect of any accident. Parliament realized the grave injustice and injury which was being caused to the heirs and legal representatives of the victims, who died in accidents, by rejecting their claim petitions only on the ground of limitation. 
Who is to Compensate in Cases of an Accident of Bus Passengers in India
Situations, where passengers get down of bus even before the bus stops or in the traffic jams, in such or similar circumstances, the conductor and the driver must be careful and they have a duty towards the passengers in not allowing them to be injured in any way. 
A lady passenger was getting down the bus and her one foot was on the footboard and other on the road, when the conductor gave the whistle and the driver moved the bus and she was knocked down and was dragged along by the body of the bus and sustained fatal injuries. It is the crew of the bus who is negligent for the accident which occurs at a place where the bus is to stop, though it is not a bus stop.
“But the fundamental duty of both the driver as well as the conductor is to verify specifically, whether any passengers is getting into the bus or is getting down from the bus, before actually the bus is moved from the bus stop where it is stopped, irrespective of the fact whether that place or stopping is a bus stop or not”.[guy 12]
The onus to compensate the victim lies on the owner of the bus or the insurance company of the bus owner.
Factors Affecting the Claim for Compensation of Motor Vehicle Accident in India
While awarding a claim for compensation, the court looks for the following factors-
All the parties are heard (including the insurer). Tribunal decides the case on merits (Example on above as, whether there was a third party risk involved or not, whether there was composite or contributory negligence or not etc.)
When a road accident compensation is awarded, the person who is required to pay that amount has to pay it within 30 days of announcing of orders.
Even simple interest is applied on the amountfrom the date of making of claims. When the person required to pay the road accident compensation is willingly or otherwise not paying the amount, the tribunal can order Collector to recover the money as it happens in cases of arrears of land revenue.
That’s all about “How can one claim for Road Accident Compensation as per M.A.C.T. Guidelines”. Comment Below your views. And, Don’t forget to share the article.
 Section 166,(3)(2) of Motor Vehicle Act,1988.  Section 140, Motor Vehicle Act,1988  (National Insurance company ltd v Sinitha and ors, 2012 2 scc 356  Sri. C. Lakshmi Narain, Claims for Compensation Before Motor Accidents Claims Tribunals,(1998) 1 LW (JS) 17  Oriental Insurance Co. Ltd. vs. Sudhakaran K.V.(2008) 7 SCC 428.  Andhra Pradesh Road Transport Corporation vs. K. Hemlatha,AIR 2008 SC 2851.  General Manager, Kerala S. R. T. C. v. Susamma Thomas, (1994) 2 SCC 176  Arun Kumar Agarwal vs. National Insurance Company AIR 2010 SC 3426  LEGAL FILE’ in the Sunday Magazine, ‘Hindu’ Dated: 27.12.1992)  1994 Amendment of the Motor Vehicles Act, 1988 as  M.Jaganath V. Pallavan Transport Corporation Ltd,1996 SCC Online Mad 524  Venkataswami Motor Service v. C.K Chinnaswamy, 1989 ACJ 371  S 168, Motor Vehicle Act, 1988.  S 171, Motor Vehicle Act, 1988.  S 174, Motor Vehicle Act, 1988
A guide to compensation available for accident victims
Hoskote. East Bengaluru. March 22, 2016. The case of 22-year-old Kishore Kumar, whose bike was hit by an unidentified vehicle and who was turned away by two private hospitals in the city, was reported by several local media. The first hospital reportedly refused treatment to the victim, as he was unaccompanied by family members or any persons known to him and had been taken to the hospital by a good samaritan.
Cut to a year later. On March 17, 2017, The Indian Express reported the case of Sunil Patra who was critically injured when a truck rammed into his motorcycle in Kolkata. Once again, the victim was allegedly denied treatment by two private hospitals, the first on grounds of inadequate expertise or facilities, and the second citing prohibitive costs.
Search the worldwide web for cases of accident victims in India being denied treatment upon being taken to the nearest hospital, and results are not few and far between. While the reasons cited could be anything, those who have observed such incidents up close say that often when an accident victim is brought in by a good samaritan, there is a cloud over who would bear the cost of treatment, leading to hospitals dithering over immediate treatment.
In a landmark judgment on March 30, 2016, the Supreme Court incorporated the guidelines for the protection of bystanders who helped accident victims and took them to the nearest medical centre, and in the same also explicitly stated that lack of response by a doctor in an emergency situation pertaining to road accidents shall constitute “Professional Misconduct”, under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002. Disciplinary action shall be taken against such doctors. However, awareness and implementation of the guidelines is evidently not pervasive enough yet, as the case of Sunil Patra would show.
To minimise instances where cost concerns lead to delay or refusal of treatment to an accident victim, along with greater awareness and enforcement of the above, there is also a pressing need to clarify the legal provisions that exist for compensation to accident victims. More so in a country that enjoys the dubious distinction of being one with the highest number of road crash related fatalities.
Motor Vehicle Insurance
India’s road safety statistics never fails to shock in its enormity. Over 1.3 million people in India have been killed in road crashes in the last ten years. Another 5 million plus have been seriously injured or disabled over the same period. One of the ways for accident victims in India to be compensated is through motor vehicle insurance which can be categorised under two heads — own damage (OD) that covers any physical damage to the vehicle, and third party liability (TP) that provides for injury or death of others involved in the accident.
The Motor Vehicles Act, 1988 made third party insurance compulsory for all motor vehicles. Under that law, the liability of the insurer in third party claims is unlimited, that is, he has to compensate road accident victims to the extent of actual amount of liability incurred.
However, recognising the inadequacy of the 1988 Act to address the many and complex systemic challenges plaguing the road and transport sector, and road safety in particular, the NDA government has drafted an amended law that looks at an overhaul of policy on several fronts. Under this Motor Vehicles (Amendment) Bill 2016 (pending in Parliament since August 2016), third party insurance claims have been capped to a sum not exceeding Rs 10 lakh in case of death and Rs 5 lakh in case of grievous hurt.
The Solatium Fund
While motor vehicle insurance is something that all vehicle owners are covered by, not many are aware of the recourse available to them under the existing law in case of ‘hit and run’ accidents. Incidentally, in 2015 alone, there were 57,083 cases of hit-and-run accidents resulting in 20,709 deaths. Very few know of the Solatium Scheme of the government, under which hit and run victims are entitled to compensation of Rs. 12,500 in cases of grievous hurt and Rs. 25,000 in cases of death.
In fact, if the proposed Motor Vehicles (Amendment) Bill 2016 mentioned earlier is enacted into law, the amount of such compensation could go up to Rs. 50,000 or higher in cases of grievous injury and to Rs. 2 lakh or higher in cases of death.
But what exactly is the Solatium Scheme and how does one get compensated under it?
How to claim compensation under the Solatium Fund in hit and run cases
In our article on monetary compensation available to victims of road accidents, we had mentioned the Solatium Fund, constituted under the Solatium Scheme, under Section 163 (1) of the Motor Vehicles Act 1988, for the payment of compensation to victims of hit and run motor accidents. This came into force with effect from July 1989.
Below is a round-up of its most salient features, and the details of the procedure for claiming compensation under it.
How is the Fund administered?
Contributions to the Fund are made by the General Insurance Corporation according to an agreed formula and the latter nominates one of its offices or an insurance company in every district for settlement of claims.
Who will get compensation under the Scheme?
In case of claims arising out of death of an accident victim, payment is made to the legal representatives of the deceased (as decided by the Claims Enquiry Officer). In the case of claims arising out of grievous hurt, payment is made to the person injured.
What is the procedure for applying for compensation?
As a hit and run victim or a legal representative of his, submit an application seeking compensation under this scheme inForm I along with a duly filled-in discharge receipt in Form II .
Also enclose an undertaking in Form V to the Claims Enquiry Officer of the Sub-Division or Taluka in which the accident takes place. This undertaking specifies that the amount of compensation received under the Scheme will be refunded to the insurer if the injured victim or the legal representative of the deceased receives any other compensation in lieu of this amount, or under any other existing provision by law
Ensure that the application is made within six months from the date of the accident.
An application made after six months, but before 12 months from the date, may be accepted by the Claims Enquiry Officer if he is satisfied that there are reasonable grounds for the delay. If, however, the Officer is not convinced and the application is rejected, the reasons for non-acceptance will be communicated to the you.
When does compensation reach the applicant?
On receipt of all required reports from the Claims Enquiry Officer, the Claims Settlement Commissioner sanctions the claim, as far as possible, within a period of fifteen days from the date of receipt of such report. He must then communicate the sanction order along with other required documents from his end to the nominated officer of the insurance company.
The nominated office of the insurer then makes the payment to the claimant and despatches a cheque/demand draft for the amount through registered post AD.
The payment is made usually within 15 days from the date of receipt of the sanction order from the Claims Settlement Commissioner; wherever there is a delay, reasons must be explained to the Claims Settlement Commissioner.