How to Claim Motor Accident Compensation: Motor Vehicles Act, 1988

8 steps · 7 deadlines · checked against the Act on 2026-09-24

Step by step

1. 1

   Police file the accident report

   The investigating officer prepares an accident information report within three months and sends it to the Claims Tribunal.

   “prepare an accident information report to facilitate the settlement of claim”

   Section 159 →
2. 2

   Insurer offers a settlement

   On learning of the accident, the insurer names an officer who may offer a settlement before the Tribunal within thirty days. Accept it and the claim is recorded as settled; reject it and the Tribunal hears the case.

   “designate an officer to settle the claims relating to such accident”

   Section 149 →
3. 3

   File the claim application

   The injured person, the property owner, the deceased's legal representatives or their authorised agent files within six months, where the accident happened or where the claimant or defendant lives. The police report already counts as an application.

   “No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident”

   Section 166 →
4. 4

   Notice and inquiry

   The Tribunal notifies the insurer, hears every party and holds an inquiry. It follows a summary procedure with civil court powers (s. 169).

   “after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard”

   Section 168 →
5. 5

   The award

   The Tribunal fixes just compensation and states how much the insurer, owner or driver must pay. Copies reach the parties within fifteen days.

   “specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident”

   Section 168 →
6. 6

   Interest on the award

   The Tribunal may add simple interest, running no earlier than the date the claim was made.

   “simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim”

   Section 171 →
7. 7

   Payment, or recovery as land revenue

   The payer deposits the full award within thirty days (s. 168). If it stays unpaid, the Tribunal certifies the sum to the Collector, who recovers it like land revenue.

   “issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue”

   Section 174 →
8. 8

   Appeal to the High Court

   Appeal within ninety days. A payer must first deposit ₹25,000 or half the award, whichever is less. No appeal lies if the amount in dispute is under ₹1 lakh.

   “within ninety days from the date of the award, prefer an appeal to the High Court”

   Section 173 →