What is the time limit to file a MACT compensation claim?

Under Section 166(3) of the Motor Vehicles Act (amended in 2019), an application for compensation must be filed within six months of the occurrence of the accident.

How is loss of dependency calculated in MACT cases?

Loss of dependency is calculated based on annual income plus future prospects minus personal living expenses, multiplied by the appropriate multiplier determined by the victim's age as laid down in Sarla Verma v. DTC.

MACT Strategy & Compensation Desk | Brahmasur Legal Solutions

Motor Accidents Claims Tribunal (MACT) Desk

Motor accident claims under the Motor Vehicles Act are governed by formulaic principles established by the Supreme Court in landmark rulings such as Sarla Verma v. DTC (2009) and National Insurance Co. Ltd. v. Pranay Sethi (2017). Use the compensation estimator below to calculate loss of dependency and conventional heads, and review statutory filing requirements.

Supreme Court Compensation Estimator

Automatic Multiplier & Future Prospects Calculator (Fatal Accidents)

Monthly Income (₹)

₹

Base monthly earnings at time of incident

Age Bracket of Victim

Nature of Employment

Governs Future Prospects % (Pranay Sethi)

Marital Status

Bachelors standard personal deduction is 50%

Number of Dependent Family Members

Landmark Framework & Judicial Guidelines

1. Sarla Verma v. DTC (2009): Settled the benchmark formula for calculating compensation in fatal accident cases by rationalizing multipliers based on age brackets and fixing standard deductions for personal living expenses depending on family size.

2. National Insurance Co. Ltd. v. Pranay Sethi (2017): A Constitution Bench ruled on future prospects for self-employed individuals (e.g., 40% for age below 40) and standardized conventional heads with a 10% triennial escalation clause.

3. Magma General Insurance Co. Ltd. v. Nanu Ram (2018): Expanded the scope of consortium to include parental and filial consortium, recognizing the loss suffered by children and parents upon the demise of a family member.

Strict Limitation Period

Under amended Section 166(3) of the Motor Vehicles Act (effective April 2022), a claim petition must be filed within six (6) months from the date of the accident. Delays beyond this window require rigorous condonation pleas.

DAR / Claim Checklist

Key documents required for Detailed Accident Report (DAR) or Claim Petition:

First Information Report (FIR) / General Diary entry
Medico-Legal Certificate (MLC) & Post-Mortem Report
Police Investigation Report (Section 173 CrPC / Charge-sheet)
Registration Certificate & Insurance Policy of offending vehicle
Proof of income (Salary slips, Bank statements, ITR)
Aadhaar and proof of relationship of legal heirs

Procedural Guidance

Accident claims require precise compilation of medical bills and income proof. Colleagues and litigants seeking structured statutory navigation can connect directly via WhatsApp.

SCHEDULE QUERY (WHATSAPP)

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BRAHMASUR LEGAL