Motor accident (MACT)

MACT claim petition format under Section 166

Drafting a motor accident compensation claim under Section 166 of the Motor Vehicles Act, 1988: the six-month limitation, computing compensation on the Pranay Sethi and Sarla Verma method, and the documents to file.

A claim petition for compensation arising from a motor accident is filed under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accidents Claims Tribunal. Since the 2019 amendment brought Section 166(3) into force, an application must be made within six months of the occurrence of the accident. Compensation in death and injury claims is computed on the principles laid down by the Supreme Court in Sarla Verma and National Insurance Co. v. Pranay Sethi, using the deceased's income, an addition for future prospects, the multiplier for the age group, a deduction for personal expenses, and conventional heads.

Governed by
  • Sections 164, 166 and 168, Motor Vehicles Act, 1988 as amended by the Motor Vehicles (Amendment) Act, 2019
  • National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680
  • Sarla Verma v. DTC, (2009) 6 SCC 121
Where it is filed
The Motor Accidents Claims Tribunal within whose jurisdiction the accident occurred, or where the claimant resides or carries on business, or where the defendant resides.
Who files it
The injured person, or in a fatal case the legal representatives of the deceased, or the owner of the damaged property.
Time limit
Six months from the date of the accident, under Section 166(3) of the Motor Vehicles Act, 1988 as brought into force by the 2019 amendment.

What a mact claim petition must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title

    The Tribunal, the claimants with their relationship to the deceased, and the driver, owner and insurer as respondents.

  2. 2.The accident

    Date, time, place, the vehicles involved with registration numbers, and how the accident occurred.

  3. 3.Negligence

    The specific acts of rash or negligent driving, supported by the FIR, charge sheet and site sketch.

  4. 4.Injury or death

    The nature of injuries with the wound certificate and discharge summary, or the death with the post mortem report and death certificate.

  5. 5.Income and dependency

    The deceased's or injured person's age, occupation and income, with salary certificate, income tax returns or other proof, and the dependants.

  6. 6.Computation

    A working of compensation showing income, addition for future prospects, deduction for personal expenses, the multiplier applied, and the conventional heads for loss of estate, funeral expenses and loss of consortium.

  7. 7.Insurance particulars

    The policy number, the insurer and the period of cover, with the certificate of insurance where available.

  8. 8.Documents

    FIR, charge sheet, post mortem or wound certificate, medical bills, income proof, legal heirship certificate, and the vehicle records.

Mistakes that get this document returned

  • Filing beyond six months from the accident without addressing Section 166(3).
  • Not impleading the insurer, without whom the award cannot be satisfied.
  • A bare claim amount with no computation on the Pranay Sethi and Sarla Verma method.
  • No proof of income, forcing the Tribunal to apply notional income.
  • Missing the legal heirship certificate in a fatal claim, delaying disbursement.

Frequently asked questions

What is the time limit for filing a MACT claim?

Six months from the date of the accident, under Section 166(3) of the Motor Vehicles Act, 1988 as introduced by the 2019 amendment. Earlier there was no limitation period after the 1994 amendment deleted it.

How is motor accident compensation calculated?

On the method approved in Sarla Verma and Pranay Sethi: establish annual income, add a percentage for future prospects according to age and employment, deduct personal and living expenses according to the number of dependants, apply the multiplier for the age group, and add conventional amounts for loss of estate, funeral expenses and loss of consortium.

What is a claim under Section 164?

Section 164 of the Motor Vehicles Act, 1988 provides fixed compensation on a no-fault basis, being five lakh rupees in the case of death and two and a half lakh rupees in the case of grievous hurt, without proof of negligence.

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Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.