A motor accident claim in Kolkata is filed before the Motor Accidents Claims Tribunal under section 166 of the Motor Vehicles Act 1988. The tribunal awards compensation for death, injury or disability caused by the use of a motor vehicle, and the money is normally paid by the insurer of the offending vehicle. A separate, simpler no-fault route under section 163A lets a victim claim without proving that the other driver was negligent.
Who this applies to
- Someone injured in a road accident in Kolkata or elsewhere in West Bengal.
- A pedestrian, cyclist or passenger hurt by a motor vehicle.
- The spouse, parent or child of a person killed in an accident, claiming as legal heirs.
- An owner or insurer who has received a claim and needs to understand how the tribunal decides it.
Our team handles these claims through the motor accident claims service, and the wider pleading work sits with our civil litigation practice.
Step by step
1. Report the accident and get the police papers
The accident must be reported to the police station having jurisdiction, and it is entered as an FIR under section 173 BNSS 2023 (formerly section 154 CrPC). The police then prepare a case diary, a site plan, a seizure memo for the vehicles and finally a charge-sheet. These papers name the offending vehicle, its driver and its insurer, and they are the spine of a future claim. Keep certified copies of everything you receive.
2. Collect the medical record while it is fresh
Treatment records are easiest to collect in the days after the accident. Ask the hospital for the admission and discharge summary, the investigation reports, the prescription sheets and the itemised bills. If the injury is serious, note that a disability will need to be assessed later by a medical board, so preserve the first records that describe the injury.
3. File the claim petition before the tribunal
A petition under section 166 is filed before the Motor Accidents Claims Tribunal for the district. It sets out the accident, the negligence, the injury or death, the loss, and the compensation claimed. The owner, the driver and the insurer of the offending vehicle are made opposite parties. The insurer is the party that generally pays, so the insurer's name from the policy is essential.
4. Understand the heads of compensation
- Medical and treatment expenses, including future treatment.
- Loss of earning or loss of income during treatment.
- For death: loss of dependency, loss of estate and funeral expenses, and loss of consortium for the spouse.
- For injury: pain and suffering, loss of amenities, and compensation for permanent disability.
How each head is proved, and what evidence raises the figure, is set out in our note on civil litigation formats.
5. Anticipate the insurer's defences
- That the driver held no valid licence, so the policy does not cover the person driving.
- That the vehicle was not insured on the date of the accident.
- That the victim's own negligence contributed to the accident.
- That the claim is exaggerated or that the income claimed is not proved.
- That the accident was staged or that the injury was pre-existing.
The no-fault route under section 163A avoids the argument about whose negligence caused the accident, but it caps recovery in a way a section 166 claim does not, so the choice of route matters from the start.
Documents to attach
- FIR, police case diary extracts and the charge-sheet, with the site plan.
- Medical records: discharge summary, prescriptions, investigation reports, and all itemised bills and receipts.
- Salary proof: payslips, bank statements, or income tax returns showing declared income where the victim was self-employed.
- Disability certificate from a competent medical board, where there is permanent disability.
- Vehicle papers: registration certificate, driving licence, and the insurance policy of the offending vehicle.
- Proof of age and of the dependants, such as a ration card, school records or a birth certificate.
- Death certificate and legal heir proof where the claim is by the family of a deceased victim.
Timelines and limitation
A section 166 claim is not tied to a rigid limitation period, but the tribunal looks at delay and insurers routinely argue that a stale claim should be dismissed or reduced. Witnesses move away, hospital records are lost and vehicles change hands, so a claim should be filed as soon as the injury and the police papers are reasonably known. If you have a claim and want it filed promptly, reach out to us before the trail goes cold.
Common questions
Can I claim if the offending vehicle was never traced?
Yes, but not under section 166. Where the offending vehicle cannot be traced, the claim is made under the special hit-and-run scheme in sections 161 and 162 of the Motor Vehicles Act, which pays from a designated fund and is subject to a statutory ceiling.
How long does a tribunal case take?
Awards depend on the court's board and on how quickly the insurer files its reply and the evidence is closed. Cases with clean police papers and clear medical records usually move faster than cases where negligence or identity is disputed.
Who pays the compensation?
The insurer of the offending vehicle is normally directed to pay, though in some cases the owner or driver is held liable. If the vehicle was uninsured, recovery may be ordered against the owner.
Do I have to prove whose fault it was?
Under section 166 the negligence of the offending driver is part of the case. Under section 163A no-fault route the victim does not have to prove anyone's negligence, but the recovery is capped.
FileX Advocates & Legal Consultants, Kolkata, drafts and files these matters before the Calcutta High Court, City Civil and Sessions courts, magistrate, family, consumer and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation.