M o t o r A c c i d e n t s C l a i m s T r i b u n a l M A C T deals with matters related

to compensation of motor accidents victims or their next of kin .The Tribunal deal
with claims relating to loss of life/property and injury cases resulting from Motor
Accidents.
MACT Courts are presided over by Judicial Officers from the State Higher Judicial
Service. Now these Courts are under direct supervision of the Honble High Court of
the respective state
Who can report to MACT in case of accident ?
Victim himself or through Advocate,in the case of personal injury. Through advocate
in case of minor applicant below the age of 18 years. Legal heirs themselves or
through advocate in the case of death.The owner of the vehicle in the case of
property damage.
What all documents should accompany the petition ?
1. Copy of the FIR registered in connection with said accident, if any.
2. Copy of the MLC/Post Mortem Report/Death Report as the case may be.
3. The documents of the identity of the claimants and of the deceased in a death
case.
4. Original bills of expenses incurred on the treatment alongwith treatment record.
5. Documents of the educational qualifications of the deceased, if any.
6. Disability Certificate, if already obtained, in an injury case.
7. The proof of income of the deceased/injured.
8. Documents about the age of the victim.
9. The cover note of the third party insurance policy, if any.
10.An affidavit detailing the relationship of the claimants with the deceased.
11. present pass port size photograph of the Claimant
12. Claimant has to pay court fees along with the claim application which is at

present as under-:
Amount of claim.........................................................................Court Fee.
Not exceeding Rs 5000/-................................................................Rs 10/Exceeding Rs 5000/- but not exceeding Rs 50000/-.............................0.25 % of
the amount claimed
Exceeding Rs 50000/- but not Exceeding Rs 100000/-..........................0.50% of
the amount claimed
Execeeding Rs.100000/-.................................................................1% of the
amount claimed
................................................................................................(subject to
maximum of Rs.15000/)

SEC. 140]
LIABILITY WITHOUT FAULT IN CERTAIN CASES 140. Liability to pay
compensation in certain cases on the principle of no fault.-.
(l) Where death or permanent disablement of any person has resulted from an accident arising
out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or as the case
may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in
respect of such death or disablement in accordance with the provisions of this section.
(2) The amount of compensation which shall be payable under subsection (1) in respect of the
death of any person shall be a fixed sum of [fifty thousand rupees] and the amount of
compensation payable under that sub-section in respect of the permanent disablement of any
person shall be a fixed SUM of [twenty-five thousand rupees].
(3) In any claim for compensation under sub-section (1), the claimant shall 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.
(4) A claim for compensation under sub-section (1) shall not be defeated by reason of any
wrongful act, neglect or default of the person in respect of whose death or permanent
disablement the claim has been made nor shall the quantum of compensation recoverable in
respect of such death or permanent disablement be reduced on the basis of the share of such
person in the responsibility for such death or permanent disablement.
(5) Notwithstanding anything contained in sub-section (2) regarding death or bodily injury to any
person, for which the owner of the vehicle is liable to give compensation for relief, he is also
liable to pay compensation under any other law for the time being in force:
Provided that the amount of such compensation to be given under any other law shall be
reduced from the amount of compensation payable under this section or under Section 163-A.]
Notes on Clause - 140 provides for payment of compensation in certain cases on the
principle of no fault
(Legislative Changes.-Section 140 corresponds to Section 92-A of the Motor Vehicles Act,
1939.)

S Y N 0 P S I S1. Accident2. Award of compensation.

3. Compensation for no fault liability.
4. Defences available to insurer.
5. Determination of quantum of compensation on no fault liability principle.
6. Dishonour of cheque.
7. Injury.
8. Interim award.

9. Interim compensation.
10. Interim relief.
11. Liability of insurer.
12. Negligency of victim.
13. No fault liability.
14. Object of.
15. Permanent disablement.
16. Retrospective application.
17. Scope.
18. Summary proceeding.
19. Use of motor vehicle.
1. Accident - If a claim arises under both the Acts, there is no doubt that the liability of the
insurer is wider and not restricted to cases of insolvency etc. mentioned in Section 14 of the
Workmen's Compensation Act, 1923. When a claimant's case arises under both Acts, but he
files a claim before the Commissioner under the Workmen's Compensation Act, 1923, the
Commissioner can, because of Section 110-AA read with Section 95(5) make the Insurer liable
even the in situations not covered by Section 14 of the Workmen's Compensation Act, 1923.
2. Award of compensation - Where the vehicle involved in accident was insured by two
different insurer's, therefore, award of compensation against two sets of insurers to the extent of
50% each is liable to be sustained.
Where defences were available to the insurance company but it was not exempted under this
circumstance, it was held that summary proceeding under Section 140 should be in existence.
If the injury is simple fracture only, person receiving such injury would not be entitled to
compensation.
3. Compensation for no fault liability - The Claims Tribunal has power to allow interest on
compensation awarded in view of Section 140 of Act.Compensation for no fault liability cannot
be denied to claimant who became permanently disabled in an accident.
The Tribunal is not justified in awarding compensation in excess of, statutory amount in case of
a fatal accident.
4. Defences available to insurer - Claims Tribunal can direct insurer to make payment of
interim award under no fault liability even without deciding the validity of driving licence of driver
of offending vehicle.
Defence under Section 149(2) of Act are available to insurer against a claim under no fault
liability under Section 140 of the Act.
5. Determination of quantum of compensation on no fault liability principle - An award of
compensation for no fault liability in order to be enforceable depends upon making an
independent claim on that ground and the Tribunal is required to dispose of that claim by

passing a separate award even before the normal compensation is determined. Therefore, the
crucial date of determining the quantum of compensation to be awarded as "no fault" liability is
the date on which the Tribunal or the Court is required to award compensation for no fault
liability though the event for which compensation is to be measured has taken on an antecedent
date.
The provisions of Section 92-A of old Act and Section 140 of 1988 Act are beneficial legislation
provided for an immediate aid to the claimant on account of death or permanent disablement in
an accident. No new right or liability under Section 140 has been created and merely the
quantum of compensation to be awarded by the Court on no fault principle has been enhanced.
By enacting Section 144, the Legislature further made its intention clear that after the
commencement of the Act, provisions of Chapter X will hold the field for governing the award of
compensation by the Courts on the basis of no fault liability principle, Section 144 clearly spelt
out a contrary intention. Viewed from this angle, provisions of Section 6 of the General Clauses
Act to not impede grant of enhanced compensation under the provisions of Section 140 even in
case where accident has occurred prior to the commencement of the New Act.
Section 140(l) of the Motor vehicles Act provides that when the death or permanent disablement
of any person has resulted from an accident arising out of the use of a motor vehicle or motor
vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vel-dcles
shall, jointly and severally, be liable to pay compensation in respect of such death or
disablement in accordance'with the provisions of the section. The amount of compensation is
specified in sub-section (2) of Section 140. Sub-section (3) provides that in any claim for
compensation under sub-section (1), the claimant shall not be required to plead and establish
thatthe 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. Sirnflarly, under sub- section (4) a claim for compensation
under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of
the person in respect of whose death of permanent disablement the claim has been made.
The provisions of Section 140 have been interpreted in several decided cases. In New India
Assurance Coinpany Ltd. v. Minguel Lourenco Correia and others, this Court while interpreting
the corresponding provisions of Section 92-A of the Motor Vehicles Act, 1939, held that the
questions which arise before the Court are whether (a) a vehicle had been involved in an
accident; (b) a person died or sustained permanent disablement as a result of such accident;
and (c) with whom the vehicle was insured. This is so, it was held, because irrespective of any
fault, the legal representatives of the dead person or the person who had suffered a permanent
c4sablement are to be given quick and effective temporary relief. While the Insurance Company
may raise such defences as are available in law, those defences have to be dealt with in the
course of the proceedings for compensation under Section 110 of the erstwhile Act. In Nezv
India Assurance Co. Ltd. v. Savitribai Tukaram Londhe, 1997 (1) Mh Q 315: 1997 (2) TAC 219
(Bom).
6. Dishonour of cheque - In regard of dishonour of a cheque, it was held that insurance

company was liable for no fault liability because relevant circumtances are shown in the fact..
7. Injury - Where a person was injured badly and also suffered the permanent disablement,
under this circumstance it was held that claimants are entitled to get compensation.
8. Interim award - Tribunal may direct the insurance company to indemnify the owner only
when the relevant conditions are in existence, but owner of vehicle should establish his defence
after evidence.
Where an order was passed under Section 140, it was held that such type of order is an award
and appeal against it is maintainable.
In this case it was held that Tribunal is under its legal obligation, means suo inotu to perform his
activities, and application send to this purpose is valid.To award interim compensation,
requirement under no fault liability are (i) some proof about the accident;(ii) involvement of the vehicle in accident;
(iii) ownership of vehicle.
Grant of interim award by Tribunal under no fault liability to heirs of deceased cannot be directed
to be deposited in a Bank for a fixed period of 10 years in the name of 3 claimants.
Where there was prima facie evidence regarding involvement of Mail Van in an accident causing
death of a person then the claimants are entitled to interim award under no fault liability
9. Interim compensation - Considering the circumstances regarding various liabilities of
claimant, award of interim compensation by Tribunal directed to be disbursed to claimant
instead of depositing the same in Bank.
Though the death of deceased was not caused by any motor accident, the claim petition before
Claims Tribunal is maintainable as the insurer is liable to pay interim compensation.
When the deceased sustained bullet injuries and died in an accident arising out of use of motor
vehicle, then Tribunal rightly passed interim award.
Revision filed by insurer against order of Tribunal rejecting review application against award of
interim compensation by Tribunal not maintainable.
10. Interim relief - In this case it was held that granting the interim award Tribunal is required to
record primafacie satisfaction, risk involved and Tribunal should also consider any breach of
material condition of the policy of insurance.
11. Liability of insurer - Failure of insurer to establish breach of conditions of policy wilfully
makes them liable to pay compensation.

Where claim was made under Section 163-A and it was explained in enlarged form under this
circumstance, it was held that general damages should be awarded.
The claimant, claiming compensation need not establish absence of negligence.
Where the student passengers in a lorry accident died, and owner of vehicle breached the terms
and conditions of policy then even on no fault liability, insurer is not liable for which owner alone
is liable for.
Where the liability, other than statutory liability is not covered by insurance policy, the liability
under Section 92-A cannot be saddled on insurer.
The insurer would be liable to pay interim compensation under no fault liability along with fault
liability.
Where negligence of truck driver not established and claim under fault liability was dismissed
then insurer is liable under no fault liability.
Since the risk of insured is not covered by policy, therefore, insurer is liable to compensate the
insured towards the risk of third party
Where the Tribunal awarded interim award to widow of deceased, owner insured under no fault
liability, then insurer cannot raise defence that insured is not covered by policy at the time of
passing of interim award.
12. Negligency of victim - While awarding compensation by Tribunal, the Tribunal has no job,
to see the negligency of victim.
13. No fault liability - Order, rejecting claim for compensation by legal representatives of
deceased on the ground that accident took place due to fault of driver, is not sustainable.
When the claim of compensation is based on no fault liability then negligence of any of parties,
not required to be pleaded.
Even in absence of any legal representatives of both deceased, owner and driver of vehicle, the
insurer cannot deny its liability.
When the ownership and involvement of vehicle in an accident proved on the basis of materials
available on record which resulted in death of deceased then compensation awarded requires
no interference.
Where Rs. 50,000/- awarded as compensation under no fault liability to claimants then direction
of Tribunal for investing 90% in fixed deposit not sustainable.
Where death of two persons travelling in a bus was accidental out of use of motor vehicle then
claimants are entitled to no fault liability compensation.A victim of an accident occurred, arising

out of use of motor vehicle entitled to compensation unless any of exceptions would apply.
The claimants are entitled to receive Rs. 50,000/- as interim award under no fault liability for
death of deceased driver even due to his own negligence.
Where the factum of accident causing death admitted due there was no dispute regarding legal
representive then interim award, awarded cannot ordered to be deposited in fixed deposit.
Failure of owner of offending vehicle to prove that he had not violated terms and conditions of
policy, makes him also liable.
Even under no fault enquiry, insurance company cannot be saddled with the amount of
compensation when risk to third party is not covered being pillion rider.
The expression 'third party' does not cover the pillion rider of the motor vehicle. The risk of
pillion rider third party is not covered under the policy of Insurance and, therefore, even under
No fault liability the insurance company cannot be saddled with the amount of compensation to
be paid to the heirs of the deceased. The Division Bench of this court has held in case of New
India Assurance Co. Ltd. v. Babasaheb Anna Mali and others, that a pillion rider on a motor
cycle, which is covered under third party insurance policy, is not a third party and, therefore,
insurer cannot be saddled with no fault liability in respect of the pillion rider.
This court has taken a view in New India Assiirance Co. Ltd. v. Smt. Savitribai Titkarani Londhe
and others, (supra) that if, on face of insurance policy, the insurance company is not liable then,
even under Section 92-A of the MX Act, 1939, insurance company cannot be fastened with the
liability. Similar view is taken in New India Assitrance Co. Ltd. v. Gajanan Rambhau Mohite and
another, (supra).
The Supreme Court has held in New India Assitrance Co. Ltd. v. Mandar Madhav Tainbe and
others, referred supra, that learners driving licence is not an valid licence.
14. Object of - The object of proceedings under Section 92-A is to enable expeditious disposal
of a claim petition by Tribunal.
15. Permanent disablement - Where doctor opined that claimant suffered nnoo fracture
reported but he had sustained disablement permanently. Therefore, he is entitled to get
reasonable relief.
The power of limb was impaired by 60%, prima facie it was made out that claimant had suffered
permanent disability. He was, therefore, entitled to claim interim compensation.
16. Retrospective application - When in claims for two deaths in accident, Section 140 of Act
is retrospectively applicable then claimants is entitled to Rs. 15,000/- for each death as the fixed
minimum liability.

17. Scope - From reading the provision of Sections 140,141,142,143 and 144 it is clear that
right to claim compensation under Section 144 is in addition to other rights under the Act.
18. Summary proceeding - Where defences available to the insurance company and
insurance company was not exempted from it's liability, under this circumstance it was held that
this question is not to be considered in summary proceeding under Section 140.
19. Use ofmotor vehicle - When a truck dashed to almost stand still jeep with even running
engine there it is covered under expression use of motor vehicle.

In the Court of the Motor Accident Claims Tribunal, At Mumbai

Claim Petition No. _______

_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________ ................................................................. Petitioner

VERSUS

_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________

.................................................... Respondent

Application under the Section 166 & 140 of the

Motor Vehicle Act 1988 for grant of Compensation

Sir,

1.

Name & Fathers Name of the person

injured/dead (Husbands Name in case

of married women & widow)

2.

Full address of the person injured/dead

3.

Age of the person injured/dead.

4.

Occupation of the person injured/dead

5.

Name & address of the employer of

the injured / dead.

6.

Monthly income of the person injured/

dead.

7.

Does the person in respect of whom

compensation is claimed pay income
tax? If so state the amount of the
income tax (to be supported by document)

8.

Place, date and time of accident

9.

Name & Address of Police Station in

whose jurisdiction the accident took

place & FIR was registered.

10.

Was the person in respect of whom

compensation is claimed traveling by
the vehicle involved in the accident ?
If so, give the name & place of starting
the journey and destination.

11.

Nature of the injuries sustained.

12.

Name & Address of the Medical

Officer/Practitioner, if any who

attended to the injuries.

13.

Period of treatment and expenditure.

14.

Registration No. & Type of vehicle

involved in accident.

15.

Name & address of the owner of

offending vehicle.

16.

Name & address of the driver of

offending vehicle.

17.

Name & address of the insurer of

the vehicle.

18.

Has any claim been lodged with

the owner/insurer, if so, with what
result.

19.

Name & address of the applicant.

20.

Relationship with the deceased /

injured.

21.

23.

Title of the property of the deceased/

injured.

22.

Amount of compensation claimed.

Any other information that may be

necessary and helpful in the disposal

of the case.

24.

Prayer

Petitioner
Verification:

Verified at Mumbai on this the ________ day of _________ 20__ that the
contents of the above application are true and correct to my knowledge
and belief.

Petitioner

Following documents should accompany the petition:1. Copy of the FIR registered in connection with said accident, if any.
2. Copy of the MLC/Post Mortem Report/Death Report as the case may be.
3. The documents of the identity of the claimants and of the deceased in a
death case.

4. Original bills of expenses incurred on the treatment alongwith

treatment record.
5. Documents of the educational qualifications of the deceased, if any.
6. Disability Certificate, if already obtained, in an injury case.
7. The proof of income of the deceased/injured.
8. Documents about the age of the victim.
9. The cover note of the third party insurance policy, if any.
10. An affidavit in support of the above documents and detailing the
relationship of the claimants with the deceased.

Q1. I met with an accident while driving a car and seriously injured another person. Is it
by itself an offence punishable in law or there are other requirements which reacquire to
be proved?
A. It has to be proved in case of accident that the accident was the result of rash and
negligent driving. Thus the prosecution has to be prove that the person who committed the
accident was driving rashly and negligently and only then the offence is proved.
Q2. I had lodged a case for insurance on account of motor accident, which took place.
The Tribunal held that the liability of the Insurance Company is limited to Rs. 20000/only. Whether Tribunal is right in saying so and what is my remedy against said order?
A. If there is no evidence on the record to show that the liability of the Insurance Company
was limited to Rs. 20,000/-, the finding of the Tribunal is liable to be set aside. The liability of an
Insurance company, unless there is a prohibition to same in a contract or otherwise, is unlimited
You can challenge the said order before the High Court in appeal.
Q3. Can a person be entitled to interest on compensation granted in a motor accident
case. What is the normal rate of interest in such cases?
A.Yes, the claimant is entitled to interest on the entire amount of compensation awarded to him
in a motor accident case. The rate of interest varies from case to case and lies in the discretion
of the court under the circumstances of the case.
Q4. Give a detailed legal procedure to deal with motor accidents.
A. A motor accident has two facets, one is the commission of criminal offence and the other is
compensation claim. The person responsible for causing the accident by negligent driving is
liable to be booked for criminal offence, further liable to pay compensation to the victim.
However, if the vehicle is insured, insurance company will pay.
Q5. I want to know the legal procedure followed, when we meet with an accident i.e.
someone is going on a scooter and unfortunately dashes a person crossing road, both
fell down and get injuries. But unfortunately the person crossing road dies in hospital.
What is the procedure followed to solve the case legally? Note: the driver has a perfect
driving license, the scooter has a third party insurance, and also the driver was not going
in any wrong root. It was a mutual collision. Specify the ways to recover insurance
amount will we have to go to court. And if we go to court what could be punishment and
penalty to the driver?
A. When an accident takes place, a case is registered by the Local Police. In your case as
the person has died, the criminal case will attract Section 304 A of the Indian Penal Code which
provides for offences relating to death due to negligence. The State has to prove that the
accident took place with your scooter and you were driving the same rashly and negligently. In

such cases the statements of the eye witnesses (if any) to the accident is required to be
produced during the trial. It is also to be proved that the pedestrian was not at any fault. To claim
compensation you have to file a separate petition under Motor Vehicle Act in the Motor Accident
Claim Tribunal. Even if the fault of driver is not proved still the legal heirs of the deceased will be
entitled to "no fault liability" from the Insurance Company.
Q6.The injured of the road accident files simultaneously the criminal case and claim
under MACT. In the MACT case the driver, owner, and the insurance company are
impleaded as parities. The owner takes the defence that the vehicle was unauthorisedly /
illegally taken away by the unknown person who now is pleaded as driver in the case.
Can the insurance company be absolved of its liability under MACT on plea of the owner
that vehicle was driven by unauthorized person. The valid insurance contract/cover with
the owner is however not disputed. Kindly provide case law fixing liability on the
insurance company.
A.The owner is liable for the wrongs committed by his servants only if there was consent/
permission from the master to the servant. If the owner is able to prove successfully (which is
most unlikely), the owner will not be liable to pay compensation and consequently insurance
company will not be liable as the insured / owner.
Q7. My father was walking on the street when a scooterist hit him and he suffered body
injuries. The person who hit him is refusing to pay. Can my father claim compensation
from the Insurance Company?
A.If the vehicle which hit your father had a third party insurance then you will have to implead
Insurance Company as one of the parties to the Compensation Application which is to be filed
before the Motor Accident Claim Tribunal.
Q8. How his compensation in case of death of a person calculated?
A. In the case where the fault of the driver is not proved, the legal heirs of the deceased are
entitled to no fault liability which is presently fixed at Rs. 50,000/-. In case the death has
occurred due to the fault of the driver the compensation is calculated on the basis of the life
expectancy of the deceased multiplied by his income. The income for the purposes of this
calculation is 50% of the actual income which deceased used to receive as the rest is deducted
as the self expenditure. The state of the health of the deceased and his past health record is
also taken into consideration while deciding the compensation.
Q9. In case of an accident who is liable. Is the driver or the owner who has to be
impleaded as a party?
A. In case of an accident both the owner and the driver are to be impleaded as parties. In
such cases the liability of the driver is only a vicarious in nature while the owner has an absolute
liability.

Q10. My son died in an road accident 1 years back. He left behind a wife and 1 child. How
much compensation should we get?
A.In the case where the fault of the driver is not proved, the legal heirs of the deceased are
entitled to no fault liability which is presently fixed at Rs. 50,000/- . In case the death has
occurred due to the fault of the driver the compensation is calculated on the basis of the life
expectancy of the deceased multiplied by his income. The income for the purposes of this
calculation is 50% of the actual income which deceased used to receive as the rest is deducted
as the self expenditure. The state of the health of the deceased and his past health record is
also taken into consideration while deciding the compensation. Wife along with the children of
the deceased can file a case with Motor Accident Claim Tribunal to claim the compensation.
Q11.In cases of accident is the insurance company liable to pay?
A. If the vehicle which hit the person had a third party insurance then he will have to
implead Insurance Company as one of the parties to the Compensation Application which is to
be filed before the Motor Accident Claim Tribunal and only in such cases Insurance Company
will be liable.
Q12. Where is the MACT courts located in Mumbai?
A.Motor Accident Claim Tribunals in Mumbai are located at 9, Hazarimal Somani Marg, Opp.
Capital Cinema, C.S.T., V.T., Mumbai 400 001. Cases are to be filed according to the Police
Station in which the FIR of the Accident was registered and the respective Courts under whose
jurisdiction the Police Station lies.