Guide

The Motor Accident Claim Tribunal process

From FIR to award — how a compensation claim actually moves through a Motor Accident Claims Tribunal in Andhra Pradesh, and what decides the number at the end.

What a Claims Tribunal is

State Governments constitute Motor Accident Claims Tribunals (MACTs) under Section 165 of the Motor Vehicles Act, 1988 to decide claims for compensation arising out of accidents involving death, bodily injury, or property damage. A claim can be filed by the injured person, the owner of damaged property, the legal representatives of a person killed, or a duly authorised agent. The Tribunal follows a summary procedure and is not bound by the strict rules of evidence — the goal is speedier relief than a civil suit.

Six stages, in order

1. FIR and the police report

Everything starts with the First Information Report at the police station with jurisdiction over the accident spot. Under Section 158(6) of the Motor Vehicles Act, 1988, the police send their report of the accident to the Claims Tribunal, which can treat it as a claim application even if nobody has formally applied yet.

Get a certified copy of the FIR early — every later step references it.

2. Assemble the claim documents

A complete petition typically needs the FIR copy, medical records and disability certificate, the vehicle's insurance policy, proof of the victim's income, and the ownership / RC book. Missing income proof is the single most common reason filings stall.

Our Document Checklist page shows how Lexi tracks exactly these five items.

3. File the claim petition (Section 166)

The claim is filed before the Motor Accident Claims Tribunal where the accident occurred, where the claimant resides, or where the opposite party resides. In Andhra Pradesh, District Judges and Senior Civil Judges are designated as Claims Tribunals — in Chittoor district these matters are heard at the district court complex. There is no fixed limitation period since the 1994 amendment, but tribunals expect prompt filing.

The petition names the driver, owner, and insurer as opposite parties.

4. Notice and the insurer's written statement

The Tribunal issues notice to the driver, owner, and insurer. The insurer files a written statement — most contests turn on alleged negligence of the victim, policy breaches, or disputes over the income and age documents.

Interim no-fault relief can be sought while the main claim proceeds.

5. Evidence and enquiry

Both sides lead evidence: the claimant proves the accident, injuries, income, and expenses; the insurer contests liability or quantum. Witnesses are examined, documents marked. This is usually the longest stage of a contested matter.

Many matters settle here through Lok Adalat when both sides have a number in mind.

6. Award (Section 168) and appeal

The Tribunal passes an award fixing compensation with interest, payable by the insurer within the period directed. Either side may appeal to the High Court under Section 173 within 90 days; the insurer must deposit the awarded amount to appeal.

Deposit-and-release applications can release part of the award while an appeal runs.

How the tribunal computes compensation

For serious injury and fatal claims, tribunals apply the multiplier method standardised by the Supreme Court in Sarla Verma v. DTC (2009) and refined by a Constitution Bench in National Insurance v. Pranay Sethi (2017). The working is transparent:

  • Annual incomeProved monthly income × 12 (salary slips, ITR, employer certificate; notional income where unproved)
  • Future prospectsAge-based addition under Pranay Sethi (2017): up to 50% for salaried under 40, tapering with age
  • Deduction for personal expensesFatal claims: one-fourth where the deceased leaves 2–3 dependants; one-third for 4 or more
  • MultiplierAge-band multiplier from Sarla Verma (2009), read with Pranay Sethi: 18 down to 5 as age rises
  • Conventional headsLoss of consortium, funeral expenses, loss of estate — standardised sums, periodically enhanced

Our Compensation Estimator runs this same arithmetic live so you can see each factor applied.

Faster statutory routes

No-fault compensation — Section 164

₹5 lakh for death and ₹2.5 lakh for grievous injury, payable without proving negligence, under the 2019 amendment.

Hit-and-run — Section 161 scheme

Where the vehicle is untraced, the statutory scheme provides fixed compensation (₹2 lakh for death, ₹50,000 for grievous injury) administered through the General Insurance Council.

Structured claims — Section 163A

An optional schedule-based route for quicker resolution in defined income bands, without contest on negligence.

Where Lexi fits

This guide is the human view of the same pipeline the demo automates: the Intake agent captures the accident facts, the Document Checklist chases the five filings that stall petitions, the Estimator applies the multiplier working above, and the Registry Liaison tracks the matter once it is numbered.

Educational overview only. Statutory references are general in nature and amendments, rules, and local practice vary. This page is not legal advice; consult an advocate about any specific matter.