Families in Canada can claim compensation before the Motor Accident Claims Tribunal in India for death or injury in a road accident, chiefly from the insurer of the offending vehicle. Claimants sign the petition and affidavits before a Canadian notary or lawyer with an apostille. Where the deceased lived and earned in Canada, proving that income properly can substantially raise the award. The claim should be filed within six months.
- Document route
- Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
- Time difference
- IST is 9h30 (Ontario, summer) to 13h30 (British Columbia, winter) ahead
- Law
- Motor Vehicles Act 1988, as amended in 2019
- Forum
- Motor Accident Claims Tribunal (MACT)
Accident Compensation Claims from Canada: how it works
We obtain the FIR, post-mortem report, site plan and insurance details in India, and prepare the claim naming every legal representative. If the deceased worked in Canada, we need CRA notices of assessment, T4 slips, payslips and an employer letter, notarised and apostilled. Tribunals assess loss of dependency using the deceased's income, future prospects, personal expenses and a multiplier, and the Supreme Court has accepted foreign income in such cases while adjusting the multiplier for higher earnings abroad.
The claim can be filed where the accident took place or where the driver or owner lives. Claimants in Canada can be examined by video where the tribunal allows. Many insurers settle at Lok Adalat once evidence is filed. The award is deposited by the insurer and released to the claimants, usually into NRO accounts, then remitted to Canada with the required forms.
What clients in Canada should know
- Request CRA notices of assessment and the employer letter early, as tribunals need documentary proof of Canadian income.
- Interest on the award is taxable in India; the compensation itself is not income.
- Hit-and-run cases where the vehicle is never traced receive only the fixed scheme amount, not a full tribunal award.
Step by step from Canada
Video consultation
A call at a time that suits Canada, after we have read your documents.
Documents signed in Canada
Notary or lawyer, then apostille from Global Affairs Canada or the provincial authority
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Canada where needed.
The full guide
This page covers what changes when you are in Canada. For the law, the documents and the step-by-step procedure, read our main page on Accident Compensation Claims, or see all services for clients in Canada and the Disputes & Enforcement practice area.
Questions from clients in Canada
My brother died in an accident near Ludhiana. We are all in Canada. Can we claim?
Yes. All legal heirs can claim from Canada, signing documents before a notary or lawyer with an apostille.
Can the tribunal use Canadian dollar income?
Yes, if it is properly proved; the tribunal converts it and may adjust the multiplier.
Is there a deadline?
The Motor Vehicles Act requires filing within six months of the accident.