Section 166 MV Act
Who can file a claim for compensation after a motor vehicle accident?
Short answer
The injured person, the property owner, the deceased’s legal heirs, or an authorized agent can file a claim.
In detail
The law lets anyone who suffered a loss because of a road accident ask for money to cover that loss. If you were injured, you can apply yourself. If your vehicle or other property was damaged, the owner of that property can apply. When the accident causes death, any of the deceased’s legal heirs may file the claim, and they must do so on behalf of all heirs; those who do not join the case will be made part of the lawsuit. An agent who has a proper written authority from the injured person or the heirs can also submit the claim. The claim must be filed within six months of the accident, either with the Claims Tribunal that covers the place where the accident happened or the Tribunal that covers where you live, work, or where the other party lives. If the injured person had already accepted a settlement under earlier sections, the new claim will be cancelled. Even if the injured person later dies from unrelated causes, the right to claim compensation continues for the heirs.
Related questions
Can I appeal a motor vehicle claims tribunal award if I disagree?
Yes – you may appeal to the High Court within 90 days, but if you must pay you need to deposit up to Rs 25,000 (or half the award, whichever is less) and the dispute must be at least Rs 1 lakh.
What penalty can I face if I drive against sections 3 or 4?
You may be jailed up to three months, fined up to ₹5,000, or both.
What must I do if police ask me for driver details of my vehicle?
You must give the police the driver’s name, address and licence information that you have or can reasonably discover.
What must I do if I'm the driver after a crash and someone is injured?
You must try to get medical help for the injured and report the accident to police within 24 hours.
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.