Last reviewed: November 1, 2026
A car accident in Delhi NCR triggers a specific legal process that most claimants do not fully understand. The first decision is whether to claim against the insurance company directly, file a MACT petition, or pursue a civil suit. The choice depends on the severity of the injury, whether the at-fault driver is insured, and whether the accident was no-fault (pedestrian or non-vehicle party injured). Bijlani & Co. handles all four categories of car accident claims across Delhi, Gurgaon, Noida, and Ghaziabad.
Step 1: The FIR and the Police Accident Report
For any car accident involving injury or death, an FIR must be lodged at the nearest police station. The police file an “Accident Report” under Section 161 of the BNSS (formerly Section 161 CrPC). This report is the foundational document for a MACT claim. If the police have not filed an accident report, the claimant can apply to the MACT for a “Notice” to the police to produce the report, or file the claim on the strength of the FIR and the medical records. For a property-damage-only accident (no injury), a Section 171 BNSS “Complaint” is the appropriate police document.
Step 2: Identifying the Insurer
Every registered vehicle in India must carry a compulsory third-party insurance policy under the Motor Vehicles Act. The insurer is the primary defendant in a MACT claim; the at-fault driver is a co-defendant. To identify the insurer, the claimant needs the at-fault vehicle’s registration number, which is in the police accident report. If the at-fault vehicle is unregistered or uninsured, the claim is made against the “National Insurance Trace” or, in death cases, against the owner of the vehicle. The MACT can also direct the claim to the “Motor Insurance (Third Party) Fund” for uninsured-vehicle claims.
Step 3: The MACT Petition Under Section 166 MV Act
The MACT petition is the primary mechanism for a car accident claim. It must be filed within 3 years of the date of the accident (the limitation period under Section 166). The petition must name: the claimant, the at-fault driver, the insurer, and the vehicle owner (if different from the driver). The petition must include: the FIR, the accident report, medical records, and proof of the claimant’s income. The MACT hears the petition, frames the issues, and either orders a “no-fault” compensation (if the claimant is a pedestrian or non-vehicle party) or directs the parties to appear for full adjudication.
No-Fault vs. Negligence-Based Compensation
No-fault compensation (Section 164 MV Act): available to a pedestrian or a non-vehicle party (e.g., a cyclist, a person on a scooter in a car accident where the car is at fault). The claimant does not have to prove the driver’s negligence — only that the injury was caused by the accident. The statutory maximums are: ₵1,25,000 for death; ₵50,000 for permanent disability; ₵5,000 for injury. These are paid by the insurer without adjudication.
Negligence-based compensation (Section 110 MV Act): where the claimant was a vehicle occupant or a driver, or where the injury exceeds the no-fault thresholds. The claimant must prove the driver’s negligence. The MACT applies the “liability” principle: the insurer is vicariously liable for the driver’s negligence. The compensation is calculated using the multi-method: annual loss × life expectancy multiplier, adjusted for contributory negligence. The MACT typically resolves a negligence-based claim in 18-36 months.
Insurance Company Defence and Settlement
Insurance companies in India routinely contest MACT claims on three grounds: (1) the claimant’s contributory negligence, (2) the claimant’s loss of earnings is inflated, and (3) the medical treatment was unnecessary or excessive. Bijlani & Co. represents both claimants and insurance companies in MACT proceedings. For claimants, we negotiate settlement at the “pre-hearing” stage — the MACT directs the parties to appear for settlement before the claimant. Most MACT claims settle at 60-80% of the calculated entitlement before the first full hearing. For insurance companies, we structure the defence to limit liability to the policy terms and to argue the excess is the owner’s, not the insurer’s.
The Two Most Common Errors Claimants Make
1. Not reporting the accident to the police immediately. A delay of more than 24 hours in lodging the FIR weakens the claim because the insurer can argue the claim is fabricated. The police accident report is the insurer’s primary defence document; without it, the claimant must rely on a “private” incident report, which the insurer will dispute.
2. Accepting the “cash settlement” without a lawyer. Most insurance companies, within 48 hours of an accident, will contact the claimant with a “cash settlement” offer — typically 10-15% of the actual claim value. This is not a refusal; it is a negotiation opening. The correct response is to decline the cash offer, retain a MACT lawyer, and file the Section 166 petition. The MACT’s jurisdiction is not waived by a settlement; the claimant can still file the petition and claim the full amount, with the cash settlement set off against the MACT award.
Frequently Asked Questions
What is the limitation period for a car accident claim?
The MACT petition must be filed within 3 years of the date of the accident for injury claims and within 3 years of the date of death for death claims. If the claimant was a minor at the time of the accident, the limitation period runs from the date the minor turns 18. A delay without a valid reason is grounds for the MACT to dismiss the petition.
Can I claim for both injury and property damage in one MACT petition?
Yes. A MACT petition can include both a “personal injury” claim (head loss, pain, medical expenses) and a “property damage” claim (vehicle repair or market value). The property damage claim is typically smaller and is added as a separate head in the same petition. The MACT awards both in a single order.
What if the at-fault driver is not insured?
If the at-fault vehicle is uninsured, the claim is made against the “National Insurance Trace” or the vehicle owner directly. In a death case, the MACT can order the insurer to pay the statutory no-fault amount even where the policy is not in force, provided the vehicle was registered and the insurer had issued a policy. If the vehicle is unregistered, the owner is personally liable.
How is “loss of earning capacity” calculated in a MACT claim?
The MACT uses the “multiplier method”: the claimant’s annual net earnings at the time of the accident are multiplied by a life-expectancy factor (based on age and occupation). For a 30-year-old with a ₵5 lakh annual income, the multiplier is typically 22 years, giving a base figure of ₵1.1 crore, before deduction for contributory negligence and addition for pain and suffering. The MACT’s “Schedule of Multipliers” is a reference table used by all MACTs in India.
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Areas We Serve in Delhi
Bijlani & Co. serves clients across Delhi, including the following localities and sectors:
- Connaught Place
- Punjab Bagh
- Karol Bagh
- Daryaganj
- New Delhi
- Lajpat Nagar
- Rajouri Garden
- Rohini
- Dwarka
- Saket
- Vasant Kunj
- Greater Kailash
- Hauz Khas
- Chanakyapuri
- Majlis Park
- Nehru Place
