Families in New Zealand can claim compensation before the Motor Accident Claims Tribunal in India for death or injury in a road accident, mainly against the insurer of the offending vehicle. Claimants sign the petition and affidavits before a New Zealand notary with an apostille. Where the deceased earned in New Zealand, properly proved income can raise the award considerably. File within six months.
- Document route
- New Zealand notary public, then apostille from the Department of Internal Affairs
- Time difference
- New Zealand is 6h30 (NZ winter) to 7h30 (NZ summer) ahead of IST
- Law
- Motor Vehicles Act 1988, as amended in 2019
- Forum
- Motor Accident Claims Tribunal (MACT)
Accident Compensation Claims from New Zealand: how it works
Our team in India collects the police file, the post-mortem or hospital records and the details of the vehicle's insurance policy. New Zealand income is proved with Inland Revenue summaries of earnings, payslips and an employer letter, notarised and apostilled. Tribunals assess loss of dependency using income, future prospects, personal expenses and an age-based multiplier, and courts have accepted foreign earnings when properly proved.
For New Zealand families, filing at the tribunal for the district of the accident keeps the police witnesses within easy reach. Claimants in New Zealand can be examined by video where the tribunal permits, and a relative in India can give evidence about the accident. Insurers often make offers at Lok Adalat once evidence is filed, and we advise on whether an offer is fair. The award is deposited and released to the claimants, usually into NRO accounts, and remitted to New Zealand. Where part of the award is kept in fixed deposit for a minor, we apply for its release when the child turns eighteen.
What clients in New Zealand should know
- New Zealand's ACC scheme covers accidents in New Zealand, not road accidents in India; the Indian claim is your route.
- Obtain Inland Revenue earnings records and employer letters early, as proof of income is essential.
- Interest on compensation is taxable in India; the compensation itself is not.
Step by step from New Zealand
Video consultation
A call at a time that suits New Zealand, after we have read your documents.
Documents signed in New Zealand
New Zealand notary public, then apostille from the Department of Internal Affairs
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 New Zealand where needed.
The full guide
This page covers what changes when you are in New Zealand. 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 New Zealand and the Disputes & Enforcement practice area.
Questions from clients in New Zealand
We live in New Zealand. Can we claim for our father's death in India?
Yes. All legal heirs can claim, signing documents before a notary with an apostille.
Will the tribunal use New Zealand income?
Yes, if properly proved, converted into rupees for the calculation.
What is the deadline?
Section 166(3) requires filing within six months of the accident.