The family of a person killed in a road accident in India, or an injured person, can claim compensation before the Motor Accident Claims Tribunal under the Motor Vehicles Act 1988, even if they live abroad. The claim is mainly against the insurer of the offending vehicle. It can be filed where the accident happened or where the driver or owner lives. Claimants abroad sign documents before a notary or Indian mission and give evidence by video where the tribunal allows it.
- Law
- Motor Vehicles Act 1988, as amended in 2019
- Forum
- Motor Accident Claims Tribunal (MACT)
- Who pays
- Usually the insurer of the vehicle
- Appeal
- High Court, section 173
Who can claim, and against whom
In a death case, every legal representative of the deceased can claim: the spouse, children, parents and, depending on the facts, other dependants. All of them should be joined as claimants, or as respondents if they do not join, so that the award covers everyone and the insurer cannot later say a dependant was left out. It does not matter that some or all of the claimants live abroad. In an injury case, the injured person claims for medical costs, loss of earnings, pain and suffering and any permanent disability.
The claim is brought against the driver, the owner and the insurer of the offending vehicle. Third-party insurance is compulsory in India, so in most cases it is the insurer who pays. If the vehicle was uninsured, the owner is liable, and in hit-and-run cases where the vehicle cannot be traced, a fixed sum is paid from the scheme under section 161, which is separate from a full tribunal claim. Where the deceased was a passenger, or where two vehicles were at fault, the claim can be made against both sets of owners and insurers.
The FIR and the detailed accident report
The police case and the compensation claim run side by side. The FIR, the site plan, the post-mortem report or injury report and the mechanical inspection of the vehicles are the backbone of the claim. Following Supreme Court directions, the investigating officer is required to send a detailed accident report to the tribunal within set time limits, and the tribunal can treat it as a claim application. In practice families should not rely on this alone. We file a full claim petition with the right claimants, the income evidence and a properly calculated demand.
Families abroad often struggle to get copies of police papers. We apply for them directly, follow the criminal case against the driver and make sure statements recorded by the police do not undercut the claim, for example by suggesting the deceased was negligent. If you were in India at the time and gave a statement, keep a copy of anything you signed. For help where the driver is being prosecuted and you need to follow that case too, see our page on criminal cases involving NRIs, which explains how the criminal process runs.
How income earned abroad is counted
Compensation in death cases is mostly for loss of dependency: what the deceased would have contributed to the family. Tribunals start from the deceased's income, add an allowance for future prospects, deduct a share for personal expenses and apply a multiplier based on age, following the Supreme Court's method in Sarla Verma (2009) and National Insurance v Pranay Sethi (2017). For an NRI, the income figure is where most of the argument happens.
| Issue | What the tribunal looks at | Evidence we gather |
|---|---|---|
| Foreign salary | Whether the income is proved and likely to continue | Tax returns, payslips, employer letter, bank statements |
| Currency conversion | Rate applied and cost of living abroad | Exchange rate on the relevant date, expenses evidence |
| Future prospects | Age and nature of employment | Contract terms, promotion history |
| Personal expenses | Number of dependants | Family details, who lived where |
| Multiplier | Age of the deceased | Birth certificate, passport |
The Supreme Court in United India Insurance v Patricia Jean Mahajan (2002) accepted that foreign earnings can be the basis of compensation, while adjusting the multiplier to reflect the higher value of the foreign currency and standard of living. Foreign documents must be proved properly: certified or apostilled copies, an employer witness or an affidavit, and translations where needed. A claim supported only by a verbal statement of salary is usually assessed on a much lower notional income.
Time limits after the 2019 amendment
The Motor Vehicles (Amendment) Act 2019 introduced a six-month limit in section 166(3) for filing a claim, counted from the date of the accident. Courts have been dealing with how strictly this applies, and the position is not fully settled. The safe course is to treat six months as a firm deadline and file within it. If that period has passed, a claim may still be possible depending on the facts and current case law, but it needs immediate advice.
The first weeks after a death abroad are rarely the time families want to deal with paperwork. We can prepare the petition from scans and phone calls, and file it before the deadline with the documents to follow, so nothing is lost while you grieve.
Pursuing the claim from abroad
The claim petition and vakalatnama are signed by each claimant. Those abroad sign before a local notary, with an apostille if the country is a Hague Convention member that recognises India, or consular attestation if not, or directly at an Indian embassy or consulate. A claimant who cannot be present can give evidence by affidavit and be cross-examined by video where the tribunal permits, or appoint a family member as attorney under a power of attorney to depose to matters within that person's knowledge.
When the award comes, the tribunal usually directs the insurer to deposit the amount, and part of it may be kept in fixed deposits for minors or elderly claimants. We apply for release and transfer to each claimant's bank account. NRIs normally receive the money in an NRO account. The compensation itself is not income, but interest awarded on it is taxable in India, and the insurer may deduct tax at source on the interest. Sending the money abroad follows the NRO rules explained on our page on repatriation of funds.
Fees and how long it takes
Tribunal claims commonly take one to three years, depending on the tribunal's workload and whether the insurer contests negligence or income. Many insurers make offers through Lok Adalat or mediation once the evidence is filed, and a fair settlement can shorten the case considerably. Appeals by either side go to the High Court under section 173.
We quote a fixed professional fee for the claim up to the award, with a separate quote for any appeal. We do not charge a percentage of the compensation, because Bar Council of India rules do not permit contingency fees. Court fees in MACT claims are minimal, and costs for certified copies, translation and attestation are charged at actual cost.
Documents you need
Start with what you have. We obtain the police and medical records in India ourselves.
- FIR number and police station, or a copy of the FIR
- Death certificate and post-mortem report, or medical records for injuries
- Passports and OCI cards of the claimants, and proof of relationship
- Proof of the deceased's income: tax returns, payslips, employer letter, bank statements
- Birth certificate or passport of the deceased (for age)
- Vehicle number of the offending vehicle, if known
- Hospital and funeral bills, and travel costs incurred
- Claim petition, affidavits and vakalatnama signed abroad (we draft them)
How we handle it for you
First call
We speak with the family by video, note the facts and the deadline, and list the documents needed.
Police and medical papers
We obtain the FIR, site plan, post-mortem and vehicle and insurance details in India.
Claim filed
The petition is filed in the right tribunal with income evidence from abroad, signed and attested where you live.
Evidence and negotiation
Witnesses are examined, by video where allowed, and we negotiate with the insurer when an offer is made.
Award and release
We apply for release of the deposited amount and its transfer to each claimant.
Why clients choose ProudLegal
Built for clients abroadVideo calls in your time zone and documents signed where you live.
Advocates who appear in Indian courtsYour case is drafted and argued by enrolled advocates in India.
Written fee quote firstScope and fees confirmed in writing before any work starts.
Updates after every stepScans of every filing and order on WhatsApp and email.
Frequently asked questions
Can we file a MACT claim if all of us live abroad?
Yes. Claimants do not need to live in India. Documents are signed before a notary or at an Indian mission abroad and sent to India, and evidence can often be given by video.
Where should the claim be filed?
Section 166(2) allows the claim to be filed before the tribunal where the accident happened, where the claimant lives or carries on business, or where the defendant lives. For families abroad, the tribunal where the accident happened or where the driver or owner lives is usually chosen.
Will the tribunal consider my brother's salary in Canada?
Yes, if it is properly proved. Tribunals and the Supreme Court have accepted foreign income as the basis for compensation, sometimes with an adjusted multiplier. Proof through tax returns, payslips and an employer letter is essential.
Is there a time limit?
Since the 2019 amendment, section 166(3) says the claim must be filed within six months of the accident. The courts have not been fully consistent on how strictly this applies, so it is safest to file within six months.
What if the vehicle was not traced?
In hit-and-run cases, a fixed compensation is payable under section 161 through the scheme administered by the claims enquiry officer. A full tribunal claim is possible only against an identified vehicle.
Is the compensation taxable?
The compensation itself is not income. Interest awarded on it is taxable in India, and tax may be deducted at source on the interest component. Your country of residence may have its own rules on reporting.
Can the compensation be sent abroad?
It is normally credited to an NRO account and can be remitted abroad within the annual NRO limit, with Forms 15CA and 15CB, after any tax due.
Do you charge a percentage of the award?
No. Bar Council of India rules do not allow advocates to charge a share of the result. We charge a fixed fee agreed in writing.