Motor Accident Claim Tribunal (MACT) Kolkata — Complete Guide to Claiming Compensation

What is MACT and Who Can Claim?

The Motor Accident Claims Tribunal (MACT) is a special tribunal established under the Motor Vehicles Act, 1988 to adjudicate compensation claims arising from road accidents. Unlike regular civil courts, MACT is designed to be accessible, fast, and claimant-friendly. The tribunal's primary purpose is to ensure that accident victims and their families receive fair compensation without the delays and formalities of ordinary civil litigation. In Kolkata, MACT operates as part of the civil court system, with designated judges functioning as MACT tribunals.

Section 166 of the Motor Vehicles Act allows the injured person, the legal representatives of the deceased, or the property owner to file a claim. The claim can be for death, bodily injury, or property damage. The claim is filed against: (1) The driver of the offending vehicle. (2) The owner of the offending vehicle. (3) The insurance company with whom the vehicle is insured. The insurance company is typically the primary target — it has the financial capacity to pay the compensation. Most MACT awards are paid by insurance companies, not individual vehicle owners.

In hit-and-run cases where the offending vehicle cannot be identified, Section 161 of the Act provides for compensation from the Solatium Fund administered by the government. The compensation is: ₹2 lakhs for death and ₹50,000 for grievous hurt. This is a fixed amount and does not require the usual calculation of loss. The claim for hit-and-run compensation is filed with the Claims Enquiry Officer. The procedure is simpler than a regular MACT claim.

Filing a Claim at MACT Kolkata

The procedure: Step 1: Immediately after the accident, ensure that an FIR is registered at the nearest police station. The FIR establishes the fact of the accident and identifies the vehicles involved. Step 2: Collect all evidence — medical records, bills, photographs of the accident scene, vehicle damage, and injuries. Obtain witness contact information. Step 3: Consult a MACT lawyer to assess the claim value and draft the claim petition. The petition must state: details of the accident, the negligence of the offending driver, the injuries sustained or death caused, the loss suffered (financial, physical, and emotional), and the compensation claimed.

Step 4: File the claim petition at MACT Kolkata along with all supporting documents. There is no court fee for filing a MACT claim — it is exempt under the Motor Vehicles Act. Step 5: The tribunal issues notice to the respondents (driver, owner, insurer). The insurance company files a written statement — typically denying liability or disputing the quantum of compensation. Step 6: The claimant leads evidence — filing affidavits and documents. Witnesses (including eyewitnesses) may be examined. The insurer cross-examines. Step 7: Final arguments. The tribunal passes an award — either granting compensation or dismissing the claim. If granted, the tribunal specifies the amount and directs the insurer to pay within a specified period (typically 30-60 days).