For a road accident compensation claim you must file the police papers — the FIR and the final report or charge sheet — the full set of medical records from the accident, a disability certificate where there is permanent injury, and proof of the victim's age, income and dependents. These go before the Motor Accident Claims Tribunal under Section 166 of the Motor Vehicles Act, 1988. A missing document usually means a lower award rather than a rejected claim, so gather the papers early.
Where you file and who may claim
Compensation for a road accident is decided by the Motor Accident Claims Tribunal (MACT), set up under Section 165 of the Motor Vehicles Act, 1988. In West Bengal the tribunals sit in the districts and at the City Civil Court complex in Kolkata. The case is filed where the accident happened, where the victim lives, or where the owner of the offending vehicle resides. A claim is filed either under Section 166, where you prove the driver's fault, or under Section 163A or Section 164, which are structured and no-fault routes.
The two routes matter when you sit down to file. Under Section 166 you plead that the accident was caused by the negligence of the driver, and the award depends on what you prove — income, age, disability and dependency. Under Section 163A and Section 164 you do not have to prove fault, and compensation is worked out from a fixed table and fixed minimums. A no-fault claim under Section 164 is quicker and safer where the police case is weak; a fault-based claim under Section 166 usually pays more where the victim earned well and you can prove it. Many claimants file the fault-based claim and keep the no-fault route in reserve.
The person entitled to claim is the injured victim himself, and in a fatal accident the legal heirs and dependents of the deceased — usually the spouse, children and dependent parents. A friend or a lawyer cannot claim on his own account; the application must come from the victim or the dependents. Where the victim is a minor, a parent files as guardian.
Documents about how the accident happened
These establish that an accident took place, who was involved and which vehicle caused it:
- A copy of the First Information Report lodged at the police station, with the police station name and the FIR number.
- The final report or charge sheet filed by the police in court, once the investigation is over.
- An extract from the police accident register or the general diary, if the FIR was delayed or not lodged.
- The post-mortem report, in a fatal accident.
- A copy of the driving licence of the driver of the offending vehicle, where available.
- A copy of the registration certificate (RC) and the insurance policy of that vehicle.
- Photographs of the damaged vehicles and the accident spot, and the spot sketch or site plan the police prepared.
- The names and addresses of witnesses to the accident, including any eyewitness who can speak to how it happened.
The insurance policy of the offending vehicle is what actually pays the award in most cases, so identify the vehicle and its insurer as early as you can. If the offending vehicle was never traced, the matter becomes a hit-and-run case and may go to the Solatium Fund instead of against an insurer.
Medical and disability documents
The medical record is the backbone of the claim, because it links the accident to the injury and to the loss of earning capacity. Collect certified copies from the hospital where needed:
- The medico-legal certificate (MLC) prepared when the victim was first examined.
- The discharge summary and the indoor case papers.
- All prescriptions and investigation reports.
- Operation notes and implant or surgical bills, where surgery was done.
- Follow-up outpatient cards.
- All hospital, pharmacy and physiotherapy bills.
- A certificate from the treating doctor on the nature of the injury, the period of treatment and any surgery.
- A disability certificate from a government hospital medical board, where the injury left a permanent disability.
For a disability claim the percentage fixed by a government medical board carries the most weight, because the tribunal uses it to compute loss of future income. A private doctor's note is weaker. Where the injury affects future earning capacity, the board's assessment is the figure the tribunal works from. If the victim died, the medical papers also need to show that death was caused by the accident and not by an unrelated illness.
Income, age and dependency proof
Compensation for lost income depends on what you can prove the victim earned. Salary slips, tax returns and employer certificates decide the multiplier the tribunal applies:
- Salary slips for the last three years.
- Form 16 and income tax returns.
- An employer's certificate of income and duration of employment.
- Bank statements showing salary credits.
- The appointment or promotion letter.
- For the self-employed, income tax returns, profit and loss accounts, GST returns and ledgers.
- Age proof — Aadhaar, a school leaving certificate or the PAN card.
- For death claims, the family composition — ration card, marriage certificate and the birth certificates of the children.
Where the victim was a homemaker or had no formal income, the law recognises the value of household work and the tribunal may fix a notional income. The basis depends on the facts of the case and should be pleaded and proved, not assumed.
Death claims: the extra documents
In a fatal accident the dependents must additionally file the death certificate, the post-mortem report, the legal heir or succession documents, and proof that they were financially dependent on the deceased. For a family in West Bengal, a legal heir certificate from the BL&LRO or the local revenue office, or a succession certificate where required, establishes who the dependents are. Proof of dependency can include school fee receipts, household expenditure records and a simple statement of whom the deceased was supporting.
What the tribunal can award
Once the documents are in, the tribunal works from a settled list of heads:
| Head of compensation | What it covers |
|---|---|
| Loss of income or dependency | Earnings lost during treatment, and the income the family loses in a fatal case. |
| Medical expenses | Treatment, surgery, medicines, hospital and travel for treatment. |
| Loss of future earning capacity | Where the disability reduces the victim's capacity to earn in future. |
| Pain, suffering and loss of amenities | The physical pain and the loss of the normal pleasures of life. |
| Loss of consortium and care | Compensation to the spouse, children and parents for the loss of companionship. |
| Funeral expenses and loss to the estate | A fixed sum for funeral costs and the loss to the deceased's estate. |
For a no-fault claim under Section 164 a fixed minimum applies — after the 2019 amendment, ₹5,00,000 for death and ₹2,50,000 for grievous hurt. A fault-based award under Section 166 is usually much higher and has no fixed ceiling, which is why the proof of income and disability matters so much.
How to file the claim before the tribunal
Once your papers are ready, the filing itself follows a settled sequence:
- Prepare the claim petition with the memo of parties, the facts of the accident, the injuries and the relief you want.
- Attach the police papers, the medical records, the income and age proof and the death or disability documents.
- File before the tribunal that has jurisdiction over the place of the accident or the victim's residence, and pay the nominal court fee the state prescribes, if any.
- Notice is issued to the owner, the driver and the insurer of the offending vehicle.
- The insurer files its written reply and often raises its own objections on income or the injury.
- Evidence is led by affidavit and documents, the tribunal hears arguments and then delivers the award.
- Where the case is clear, the tribunal can grant an interim award so that part of the compensation reaches the victim during the case.
There is no strict limitation for a Section 166 claim, but the tribunal expects an explanation for any long delay, and evidence is harder to gather with every passing year. File as early as your documents allow.
Where claims fail and how long it takes
Claims are weakened, not usually defeated, by gaps. A delayed FIR with no explanation, a missing MLC, a private disability note instead of a board certificate, or an income claim with no documentary proof each pull the award down. The other common problem is proving that the offending vehicle's insurance was valid on the date of the accident. Collect documents early — memories fade and hospitals move records after a few years.
From filing to award usually takes one to three years, depending on the tribunal's docket and whether the insurer contests the matter. Appeals go to the High Court under Section 173 of the Act. Because the process is document-heavy, it helps to have an advocate move it, and you can begin with a free consultation to check what your papers already show. The general articles on this site cover related procedures.