Road accident compensation: How to claim it in India? Under what circumstances is it available, and what is the entire process?


Road accident compensation: While the law provides for compensation in such cases, due to a lack of proper information, most victims and their families are unable to avail themselves of it.


Published date india.com
Published: May 8, 2026 9:39 PM IST

Road accident compensation: How to claim it in India? Under what circumstances is it available, and what is the entire process?
Road Accident- File image for representational purpose

Road accident compensation: Road accident have become the norm in the country with thousands of them happening every year. A large number of people are seriously hurt in such accidents, while some tragically lose their lives. Despite legal provisions for compensation, inadequate information means many affected families are unable to avail themselves of the support.

While the law provides for compensation in such cases, due to a lack of proper information, most victims and their families are unable to avail themselves of it. There are very few people in the country who know who can claim compensation after a road accident, under what circumstances, and how to apply.

Here’s how you can claim the compensation in a case of road accident.

How to get compensation if a road accident occurs?

If someone was injured in an accident, the victim will have to first file an FIR. In the event of a fatal road accident, the deceased person’s family should lodge a complaint at the appropriate police station.

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As per the Motor Vehicles Act, compensation can be claimed by road accident victims or the families of those who lose their lives. To do so, they must file a case before the Presiding Officer or the Motor Accident Claims Tribunal.

Under what circumstances is compensation available?

Once the victim or their family proves the claim by producing income details, medical bills and treatment documents before the court, compensation may be awarded against the driver, the owner of the vehicle and the insurance company.

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Costs in case of hospitalisation, surgery, medication and rehabilitation costs, loss of earnings or future earnings, estimated cost of future treatment or surgery, are covered.

Compensation in cases of death and permanent disability

Compensation is provided in case of loss of dependency, loss of estate, funeral expenses, loss of companionship and medical expenses. In terms of permanent disability, if a person becomes permanently disabled in an accident, then according to the age of the victim, the loss in annual income is calculated by applying a fixed multiplier and on this basis the total compensation amount is calculated.






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