To claim motor accident compensation in Kolkata, you file an application before the Motor Accident Claims Tribunal, which is set up under the Motor Vehicles Act 1988. The Tribunal decides who was at fault and what compensation is payable, and the compensation follows the principles laid down in that Act. The claim is a civil claim: you do not need a criminal conviction against the driver to be compensated. Our motor accident claims work covers applications before the Kolkata Tribunals.
Who can claim, and where
The injured person can claim for their own injuries and losses. Where the victim died, the legal heirs and dependants claim for the loss of dependency. The owner of a vehicle damaged in the accident can also claim. An agent may file on behalf of an injured claimant who cannot act for themselves.
The application is filed before the Motor Accident Claims Tribunal. Under section 166 of the Act, a claim can be filed where the accident took place, where the claimant resides, or where the defendant resides. In Kolkata that usually means the Claims Tribunal for the district where the accident happened, and the choice of forum is worth deciding deliberately rather than by habit.
Documents required
- A copy of the First Information Report and, later, the charge sheet or final police report.
- The post-mortem report and death certificate, in a fatal claim.
- Medical records, discharge summaries, and hospital bills.
- A disability certificate from the notified medical board, where there is lasting disability.
- Proof of income: salary slips, bank statements, income-tax returns, or business records.
- Proof of age: school certificate, Aadhaar, or passport.
- Proof of dependency and of the family relationship.
- The vehicle's insurance details, driving licence, permit, and route papers.
- Photographs of the spot and vehicles, and any mechanical inspection report.
Steps, in order
- Ensure the accident is reported to the police and a First Information Report is recorded.
- Collect and preserve the medical records, bills, and the disability assessment, if any.
- Gather the income and age proof that will support the claim.
- Identify the correct Tribunal and prepare the application setting out the negligence and the losses.
- Implead the driver, the owner, and the insurer of the offending vehicle as parties.
- File the application with the supporting documents and pay the court fee prescribed for such claims.
- Appear for the hearings, lead the claimant's evidence, and respond to the insurer's defence.
- If the award is challenged, take advice on an appeal to the High Court within the period allowed.
How compensation is worked out
Compensation is meant to be just, and the Tribunal works from the facts you prove. In a fatal case it looks at the victim's age, income, the number of dependants, and the multiplier the law applies to that age, and then deducts a portion for the victim's own living expenses to arrive at the loss of dependency. In an injury case it looks at the nature of the injury, the treatment, loss of earning capacity, pain, and out-of-pocket expenditure. There is no fixed sum for any category of case, and anyone who quotes a final figure before reading the medical papers is guessing.
Interim relief and the insurer's role
The Act also provides for interim compensation on a no-fault basis in certain cases, which an injured claimant or the family of a victim who died can seek without waiting for the full trial on negligence. Interim relief does not end the claim; it is adjusted against the final award. The insurer of the offending vehicle is normally the party that actually pays, which is why it must be impleaded even where the driver and owner are known and traceable. Where the insurer denies the policy or alleges a breach of its terms, that defence is decided by the Tribunal on evidence rather than accepted at face value.
Time limits
Earlier the law required a compensation application to be made within a short window of the accident, and an application filed late needed the Tribunal's permission. The Motor Vehicles (Amendment) Act 2019 changed that position. Even so, do not sit on a claim: witnesses move away, garages dispose of vehicles, hospital records are archived, and memories fade. Prompt filing makes the evidence easier to gather and to prove.
Common mistakes that reduce a claim
- Not obtaining a disability certificate from the notified medical board, which is what the Tribunal relies on.
- Understating the victim's income, or failing to prove it at all.
- Not impleading the insurer, which is usually the party that actually pays.
- Losing the original medical bills, which are hard to reconstruct later.
- Accepting a quick private settlement for a sum far below what the claim is worth.
- Filing before the wrong Tribunal, which wastes months before the defect is cured.
Frequently asked questions
Do I have to prove the driver was negligent?
Yes, in an application under section 166 you have to show fault on the part of the driver. The standard is the ordinary civil standard, and the Tribunal weighs the police papers and the other evidence.
Will the criminal case against the driver decide my compensation?
No. The criminal case and the compensation claim are separate. An acquittal does not automatically defeat the civil claim, and the two proceed on different standards of proof.
Can the insurer settle directly with me?
Insurers sometimes offer a settlement. Before accepting, have the papers examined, because a settlement made without proper advice can be far lower than what the Tribunal would award.
How do I start a claim?
Bring the police papers, the medical records, the disability certificate if any, and the income proof to a first consultation. Read more about our motor accident claims service, and see our published consultation and appearance fees on the pricing page, or write to us through the contact page.