AcciClaims' Fixed Fees for respective services is transparent and does not change with the quantum of the amount claimed or the compensation awarded.

Whether the injuries sustained are grievous or otherwise, our Fixed Fees remains, well, Fixed.

We don't let anyone charge you in proportion to the claim/ compensation, so you never have to let someone take a percentage based chunk from your rightful compensation again.

Our Experts are available on the National Accident Helpline Number 7 Days-a-Week.

Our Empaneled MACT Advocates will never cause undue delay to your case, will strive for the highest possible rightful compensation, and our Experts and internal legal team will always be there to assist you if the need be.

Our Empaneled Criminal Justice Advocate reach you on phone within a span of 20 minutes, and physically within a span of 120 minutes between 9AM-6PM, 7 days a week. Wherever you are in India, driving professionally, traveling, or even in your home city, we always have you covered with our geographical reach.

To begin with, AcciClaims' Empaneled Advocates are highly qualified, licensed and experienced, and are selected through a rather rigorous multi-stage process.

Our Empaneled Advocates have signed specific agreements with us wherein they have undertook to take up the MACT claim compensation cases for a fixed fees.

NOT charging a proportional fees in percentage terms is a product of AcciClaims' principles and our Empaneled Advocates' morality and support to the greater cause.

AcciClaims' major objectives are threefold:

One, to ensure speedy justice by way of ensuring there are no procedural delays at the behest of the Advocate or victims themselves, due to lack of sense of urgency etc. Our Empaneled Advocates represent you for a Fixed Fees, hence they have no incentive to cause any delays. Logically, they would only want the order granting compensation to arrive at the earliest. 

Two, to ensure that a fixed fees is charged to those who are already hurt and broken as a result of an accidental mishap while they were commuting.

Three, to ensure that MACT compensation claim cases are handles with more sensitivity, as they are not usual civil or commercial cases wherein the subject matter at stake does not necessarily have to do with life or death. And our Empaneled Advocates ensure that the sensitivity and productivity remain at their highest, case after case.

What protects you, apart from us obviously, is a tripartite legally binding agreement between the Empaneled Advocate, AcciClaims and you. It specifies the Fixed Fees to be paid to the Advocate and other terms and conditions. Furthermore, we have pre-existing bipartite agreements that AcciClaims and the Empaneled Advocates have signed, which essentially reiterate most terms that protect your interest.

Well, we thought about it.

We would love it for you to save some of your hard earned money. That is exactly why we are here.

We have had incidents in the past wherein:

1. Advocate wrongfully claimed to be under our instructions and the alleged clients faced certain mishandling. We won't be able to do anything to help you in such cases as there is no involvement of AcciClaims in any case or situation without a Tripartite Agreement between our Empaneled Team, AcciClaims and you.

We will not be in a position to support you if there is any unfortunate mishandling of your case.

Therefore, please ensure that the abovementioned agreement is a precursor to AcciClaims services and any services provided by any Advocate, whether  Empaneled with us or otherwise.

If we are talking about records here, then we have had one of our Empaneled Advocate reach our client in a relatively distant Indian town within 7 minutes from the time of the intimation. This Empaneled Advocate is a passionate Superstar.

Not just him though, we have trained our whole team to understand that time is of the essence generally, and more so in these matters as most of the times we are supporting people whose livelihood depends on getting going on their feet.

Therefore, in cases where its required our Empaneled MACT Advocate reaches you over telephone within 30 minutes, and physically within 120 minutes. Our Criminal Justice Lawyers also get on a call with you to support you within 15 minutes of intimation, and get to you in person within 120 minutes, wherever you are in India.

By wherever we mean in any of the 5900+ sub-districts in India.

Lets be very clear.

We want you to abide by all traffic rules at all times.

If you are someone who thinks drinking and driving is fine, do us a favour and contact your local lawyer.

If you have a genuine case, AcciClaims will go all lengths to get you justice, sometimes even on our own financial cost.

That being said, at AcciClaims we deal with each and every case like there is no tomorrow, because for someone every percentage of increment in their compensation amount or every reduction of minutes in their custody or term of imprisonment can mean their life.

The Indian society is so well knit that an individual's loss usually translates into an entire family and community's loss. We understand this and burn the midnight oil to get your desired legitimate result in the minimum possible timeframe.

In India, on roads, the worst possible act or omission one can commit is not helping someone they have caused accidental hurt or fall to while being on the road.

Hit & Run isn't only illegal, but is also morally wrong. 

You can save someone's life and thank yourself for the rest of your life by being more responsible and mature.

And when AcciClaims is there to protect your legitimate interest(s), what is there to fear?

Not just MACT, you can plead your case and do almost everything that your lawyer can do for you, yourself.

We have a dedicated team which supports people pro-bono and advises them to represent themselves at the MACT.

If you have knowledge of the Motor Vehicles Act and the landmark cases thereof governing your case, there can be no lawyer better than you because you would know your facts the best.

Therefore, if you do want to take your own case up and need motivation or support with that, we will do it on a non-chargeable basis for you.

We offer various post-pay mechanisms, on a  standalone basis, and in association with our Corporate Partners. The terms and conditions governing those cases and matters are separate from those governing our usual line of cases and matters.

We would advise you to get in touch with our Support Team for more details.

If we find your case to be genuine, your pleading to be reasonable and legitimate, and if your family's combined annual income in the preceding financial year was not more than 1.5 Lakhs, AcciClaims provides you all its services on a non-chargeable basis, i.e. Free of Cost.

Yes, for your MACT Award we advise you beforehand to open a specific MACT Saving Bank Accounts with any nationalised bank. Your compensation award amount is deposited in the said account and is withdrawable or transferable only on your instructions as you are the sole rightful beneficiary and we ensure it remains that way.

Yes, for your MACT Award we advise you beforehand to open a specific MACT Saving Bank Accounts with any nationalised bank. Your compensation award amount is deposited in the said account and is withdrawable or transferable only on your instructions as you are the sole rightful beneficiary and we ensure it remains that way.

Firstly, your pet, whether its a dog or a chameleon has to be registered under the hyper-local laws. Once registered he is a member of your family and will get all the protection that is required.

Obviously. The compensation under the Motor Vehicles act is independent of whether the injured or dead person was on a vehicle or not. The compensation emanating out of the social legislation is for a certain purpose, i.e. to ensure that the person who was involved is adequately compensated for her or his loss(es).

Black Sheep? Easy Money Syndrome? Greed? Misappropriation? 'nuff said. 

The purpose of MACT is to settle claims for compensation of victims of motor vehicle accidents.

It is Established under the Motor Vehicles Act (MV hereinafter), and is like a Civil Court (with the same powers of a civil court). The MACT treats such an application by giving the parties an opportunity of being heard and holding an inquiry in to the claim. It makes an award deciding the amount of compensation to be paid to victim/claimant and the amount to be paid by the insurer.

The victim must make an application to the MACT in a particular form and carry the essential documents for proof and verification purposes.

• Copy of the FIR registered in connection with the accident.
• Copy of Panchnama (which is the list of damages that have been drawn by police in the presence of witnesses).
• Copy of the MLC/Post Mortem Report/Death Report as the case may be.
• Identification Proof (documents) of the claimant and of the deceased in a death case.
• Original Bills of Expenses - Incurred on the treatment, along with the treatment record.
• Documents of the Educational Qualifications of the deceased, if any.
• Disability Certificate, if already obtained, in cases of physical injury/disablement.
• Proof of income of the deceased/injured
• Proof of Age (documents) of the victim.
• Cover note of the Third Party Insurance Policy, if any.
• Affidavit - detailing the relationship of claimant with the deceased.
• RTO Certificate (with Name, Address of Owner and Insurance particulars of the vehicles involved in the accident.)
• Passport-Size Photograph.
• Court-Fee Stamp (Rs. 10 for a claim less than Rs. 5000; 1/4th percent of the claim - if between Rs 5000 - Rs. 50000; 1/2 percent of the claim - if between Rs 50000 - Rs 100000; and 1% of the claim to a maximum of Rs 15000 - if more than Rs. 100000)

• In case of damage to property, the application for compensation must be made by the owner of the damaged property. It is implied that in case of death of the owner of the property, the legal representatives of the deceased owner can competently claim compensation. An application for compensation arising out of an accident under Section 166 of Motor Vehicles Act, 1988 may be made:

  • People, who have been injured in accidents on the road, can themselves file for compensation or route the claims through their advocates.
  • But accident victims, under the age of 18, cannot file for compensation themselves. They have to go through their lawyers.
  • Legal heirs of people who have died in accidents can also claim compensation. Alternatively, they can route their claims through their advocates.

Although the established limitation period for filing application at the Motor Accident Claim Tribunal to claim compensation (under the provisions of the Motor Vehicles Act, 2019) is Six (6) months from the date of accident, the applicant must approach the MACT for such a claim within a reasonable time post the road accident.

Consequences from a road accident can be both civil and criminal in nature. In some cases the other party may seek damages/compensation in Court under Tort law (Common Law Or Judge Made Law). This is civil in nature.

In other cases the victim may file an FIR under the Indian Penal Code (IPC). This is criminal in nature. The victim may press criminal charges under the following circumstances:

1. Driving while intoxicated
2. Rash and negligent driving
3. Hit and Run

Under the provisions of the Indian Pnal Code, 1872

Section 279:

Under section 279 of IPC states that “any individual who is driving or riding a vehicle in any public way in a rash or negligent manner, which may endanger human life or injure other people, will be punished by law.”

Section 304-a:

Section 304a in the Indian penal code. Causing death by negligence —whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide

Section 337:

Under sec 337 of IPC, if you have caused hurt to anybody by any act, which is endangered to human life or public.

Section 338:

Under sec 338 of IPC, if you have caused grievous hurt to anybody by any act, which is endangered to human life or the public.

A Non-Bailable Offence is an offence that is serious in nature and in relation to which bail is not available to the accused in general.

A Bailable Offence is one that is less serious in nature. It implies an offence in relation to which bail is available to the accused.

Cognizable Offences are those in which the police can arrest without any warrant. These are more serious in nature.

Non-Cognizable Offences on the other hand are those for which a police officer has no authority to arrest, unless with a warrant.

Any matter that is subject to examination or determination by a court of law having jurisdiction in the Indian territory.

Summary Table

The Challans are generally governed by the Motor Vehicles Act.

Only a traffic police officer of the rank of sub-inspector and above can issue a challan. A non-traffic head constable can only issue a challan of Rs.100 per violation and (s)he can not fine commercial vehicle.

The police officer can only issue a fine from either a challan book or an e-challan machine which (s)he needs to carry in person. Without a valid receipt, a police officer can not confiscate your driving license. For every challan issued to you, make sure to get the official receipt. If you want to challenge the fine, then you can do so by surrendering your document(s) and going to the designated Court.

One should have the following documents either in physical or electronic form (on Digilocker or mParivahan app, as such apps are covered under the provisions of Information Technology Act dealing with the said subject):

1. Registration Certificate
2. Pollution under Control Certificate
3. Driving License
4. Third Party Liability Motor Insurance or Bundled/ Comprehensive Insurance Policy

A police officer must be in uniform with name and buckle number clearly visible. One can ask for the police officer for identification.

If the officer refuses to do so, one can refuse to produce the documents.

When a police officer asks for the documents, one only needs to present the Driving Licence.

You are not legally mandated to handover the rest of the documents.

A police officer can ask you for a breath test on the spot or nearby, if (s)he suspects you to be driving while intoxicated.

A police officer has the right to arrest you without a warrant if you indulge in drunken driving. In such a scenario, the officer can also confiscate your vehicle with or without the keys.<br><br>⦿ Within 2 hours of being arrested, you need to be subjected to a medical examination failing which you need to be released from custody.

Please do not drink and drive. Such irresponsibility can cause serious damage to someone else’s life/ livelihood and more often than not the family is together in the suffering.

You should not have more than 30 mg of alcohol per 100 ml of blood (or 0.03% BAC as measured on a breathalyzer).

Estimations vary for different people but as a ballpark figure for a 65 kg male, limit is 2 pints of beer (660 ml total) or 1 large whiskey (60 ml) or 2 glasses of wine (200 ml total).

The body requires approximately 1 hour to process 29.5 ml of alcohol. As every liquor type has varying alcohol content, you must wait for at least 1.5 hours after a beer pint and 3 hours after a large whisky or 2 wine glasses, to drive with unaffected coordination."

In its landmark judgment on March 30, 2016, the Hon’ble Supreme Court incorporated the guidelines for the protection of Good Samaritans and Standard Operating Procedures for their examination by police and during trial, and invoked its inherent jurisdiction to make them binding on all States and Union Territories. With these landmark guidelines now having the “force of law” conferred by the apex court, no bystander can be harassed if he/she brings a victim of a road crash to the nearest hospital.

A good Samaritan may take an injured person to the nearest hospital and (s)he should be allowed to leave immediately without any questioning. (S)he shall be suitably rewarded or compensated by the authorities in the manner as specified by the State Governments and shall not be liable for any civil and criminal liability.

A good Samaritan, who has voluntarily stated that (s)he is also an eye-witness to the accident and is required to be examined for the purposes of investigation, shall be examined on a single occasion without any harassment or intimidation. Video conferencing may be used during examination to prevent inconvenience.

A good Samaritan who informs the police or emergency services for the person lying injured on the road, shall not be compelled to reveal his/her personal details on phone or in person.

The disclosure of personal information such as name and contact details of the good Samaritan shall be made voluntary and optional including in the 'Medico Legal Case' form provided by hospitals.

All registered public and private hospitals shall not demand payment for registration and admission costs, unless the good Samaritan is a family member or relative of the injured.

Government has announced state-wise award to good Samaritans under the novel Golden Hour jurisprudence and the practice thereof, wherein a good Samaritan can claim a certain amount ranging from INR 5,000.00 and INR 10,000.00 in difference Indian States, if she or he supports a road accident victim by arranging commute to the nearest hospital which can treat the victim, as timely efficient treatment in the initial couple of hours can make a world of a difference.

A police officer cannot confiscate your vehicle keys or force you to get off the vehicle except for certain violations like underage driving.

Your vehicle can not be towed if you or any of the co-passenger are inside the car.

In case of an arrest by the local police authorities, one must be directly taken to the police station having jurisdiction. If detained, one needs to be brought before a court within 24 hours of your detention.

In case you are a female or are being accompanied by a female and you are stopped after 6 PM, a male police officer cannot physically search you. You can ask the male officer to bring his female colleague.

Motor Insurance offered by General Insurance companies in India as per the Insurance Regulatory Authority of India mandate can be Standalone, i.e. only Third Party Motor Liability Insurance, or can be Bundled/ Comprehensive Motor Insurance, i.e., Third Party Liability Motor Insurance (includes personal accident cover for driver owner which is mandatory) + Own Damage Motor Insurance.

It is mandatory to ensure that no person goes bankrupt compensation another person osit a road accident and to ensure a mechanism to compensate each and every victim of a road accident without casting too much burden on another member of the society as at the end of the day a road accident is an accident.

A compensation claim application case can be filed in a Motor Accident Claims Tribunal (MACT) having territorial jurisdiction over the area where the road accident took place, and alternatively at the court having jurisdiction over the place of residence of the claimant/defendant.

In absence of a formal claim petition, an FIR can be used as evidence to provide compensation, and vice versa.

All these documents are only customarily utilized to strengthen the claim and to expedite the claim process.

The MACT having jurisdiction can suo moto take cognizance of the matter, order investigation and even in cases where due to genuine reasons FIR, Death Certificate etc aren’t produces the Hon’ble Supreme Court of India has held such claims to be legitimate.

In case of death or grievous hurt due to an accident, INR 5 lakhs and INR 2.5 lakhs need to be paid to the victim respectively, where the claimant not being required to establish liability of the guilty party.

In case of death or grievous hurt to hit and run victims, INR 2 lakhs and INR 0.5 lakhs or higher need to be paid respectively.

The Government, in association with the Insurance companies has formed a Motor Vehicles Accident Fund in lieu of the erstwhile Solatium Fund for the said purpose.

In cases of Hit and Run, the application for compensation must be made to the Claim Enquiry Officer at the Sub-District (Tehsil/ Taluka) level in a particular form.

The Government, in association with the Insurance companies has formed a Motor Vehicles Accident Fund in lieu of the erstwhile Solatium Fund for the said purpose.

If Party B’s vehicle damages Party A’s vehicle then 2 scenarios exist for Party A:

1. A has basic 3rd party insurance – A can only claim compensation from B’s insurer, with no support from its own insurer for filing a complaint or legal case (process is expensive and time-consuming with no guarantee of getting the complete compensation).
2. A has comprehensive insurance – A can choose to claim compensation under the ‘own damage’ section from its own insurer (but forfeit no-claim bonus) or it can follow scenario 1 or it can request its insurer to subrogate the case and fight the case on its behalf (insurer has the right to refuse subrogation request).