Road Accidents & Compensation: MV Act Claims in Bihar

Road accidents can devastate families financially and emotionally. The Motor Vehicles Act, 1988 (amended in 2019) acts as a safety net, ensuring victims or their families receive fair compensation.

Who Can File a Claim? (MACT Tribunal)
- The injured person.
- The owner of the damaged property.
- The legal heirs (family) in case of death.
Claims are filed in the Motor Accident Claims Tribunal (MACT), not the regular civil court.

No-Fault Liability (Section 140)
Even if the accident wasn't the driver's fault, victims are entitled to 'Interim Compensation' immediately (Rs. 50,000 for death, Rs. 25,000 for permanent disability).

Hit and Run Cases (Solatium Scheme)
Changes in 2022 increased compensation for Hit & Run cases (where the vehicle is untraceable):
- Death: Rs. 2 Lakhs fixed compensation.
- Grievous Hurt: Rs. 50,000.

Rash Driving under BNS (Criminal Case)
While MACT handles money, the driver is also prosecuted criminally.
- Old Law: Sec 279/304A IPC.
- New Law: Section 281 of BNS (Rash driving) and Section 106 of BNS (Causing death by negligence).
Section 106(2) BNS imposes harsher punishment (up to 10 years) for drivers who escape the scene without reporting to the police/magistrate.

Documents Needed for MACT Claim
1. FIR Copy (Mandatory).
2. Post Mortem Report (in death cases) or Injury Report.
3. Insurance Policy of the offending vehicle.
4. Driving License of the accused driver (if available).
5. Income Proof of the victim (Salary slip/ITR) to calculate 'Loss of Dependency'.

Don't accept small settlements from insurance agents. The Tribunal often awards significantly higher amounts based on age and income multipliers.