Law4u - Made in India

Can pedestrians or cyclists claim compensation in motor accident cases?

13-Feb-2024
Motor Accident

Answer By law4u team

Yes, pedestrians and cyclists can claim compensation in motor accident cases in India. The Motor Vehicles Act, 1988, provides provisions for compensation in cases where pedestrians or cyclists are victims of accidents involving motor vehicles. Here are some key points: Third-Party Liability Insurance: Motor vehicles are required to have third-party liability insurance as mandated by the Motor Vehicles Act. This insurance covers the liability of the vehicle owner or driver towards third parties, including pedestrians and cyclists. No-Fault Liability: The concept of "no-fault liability" means that compensation can be claimed without proving the fault or negligence of the motor vehicle owner or driver. In cases involving pedestrians or cyclists, they can claim compensation from the insurance company of the involved vehicle, even if the pedestrian or cyclist is partially or wholly at fault. Hit and Run Cases: In hit and run cases where the identity of the vehicle owner or driver is not known, the victim (pedestrian or cyclist) can claim compensation from the Motor Accident Claims Tribunal (MACT) under the "Solatium Scheme" provided by the government. Motor Accident Claims Tribunal (MACT): The MACT is responsible for adjudicating claims for compensation arising out of motor accidents. Victims can file a claim with the MACT seeking compensation for medical expenses, loss of income, disability, and pain and suffering. Contributory Negligence: The concept of contributory negligence may be considered in some cases. Even if the pedestrian or cyclist is found partially at fault, they may still be eligible for compensation, albeit reduced to account for their contributory negligence. Procedures for Filing Claims: To claim compensation, the victim or their legal representative must file an application with the MACT within the stipulated time frame. The application should include details of the accident, the extent of injuries, and the claimed compensation amount. It's important for pedestrians and cyclists involved in accidents to gather evidence, such as eyewitness accounts, medical records, and police reports, to support their claims. Seeking legal advice is advisable to navigate the claims process effectively. The specific rules and procedures may vary, so consulting with a legal professional for up-to-date and accurate information is recommended.

Motor Accident Verified Advocates

Get expert legal advice instantly.

Advocate Raghav Agrawal

Advocate Raghav Agrawal

Anticipatory Bail,Arbitration,Banking & Finance,Cheque Bounce,Civil,Consumer Court,Court Marriage,Criminal,Documentation,Family,High Court,Labour & Service,Landlord/Tenant,Motor Accident,NCLT,Property,Recovery,Succession Certificate,Supreme Court,

Get Advice
Advocate Supriya Tyagi

Advocate Supriya Tyagi

Anticipatory Bail, Court Marriage, Civil, Cheque Bounce, Criminal, Cyber Crime, High Court, Property, Motor Accident, Medical Negligence, Succession Certificate, Documentation

Get Advice
Advocate Akanksha Gupta

Advocate Akanksha Gupta

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA

Get Advice
Advocate Prabu S

Advocate Prabu S

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Immigration, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Supreme Court

Get Advice
Advocate R V Bhalgariya

Advocate R V Bhalgariya

Anticipatory Bail, Breach of Contract, Civil, Criminal, Cheque Bounce, Domestic Violence, Cyber Crime, Family, High Court, Succession Certificate, Motor Accident, R.T.I, Property, Muslim Law, Divorce, Child Custody, Arbitration, Court Marriage, Consumer Court

Get Advice
Advocate Yash Sharma

Advocate Yash Sharma

Anticipatory Bail, Arbitration, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Insurance, Labour & Service, Motor Accident, Startup, Tax, Trademark & Copyright, Documentation, GST

Get Advice
Advocate Sabnam Khatun

Advocate Sabnam Khatun

Anticipatory Bail, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Family, Motor Accident, Muslim Law, R.T.I, Recovery, Wills Trusts, Domestic Violence, Landlord & Tenant, Property, Succession Certificate

Get Advice
Advocate Kurra Ravi

Advocate Kurra Ravi

Arbitration, Anticipatory Bail, Court Marriage, Civil, Divorce, Family, Domestic Violence, Insurance, Landlord & Tenant, Muslim Law, Motor Accident, R.T.I, Recovery, Succession Certificate, Criminal, Cheque Bounce, Child Custody, Documentation, Medical Negligence

Get Advice
Advocate Prakshay Shrivastava

Advocate Prakshay Shrivastava

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Medical Negligence,Motor Accident,Succession Certificate,

Get Advice
Advocate Vishal Bhimrao Chavan

Advocate Vishal Bhimrao Chavan

Court Marriage, Banking & Finance, Anticipatory Bail, Cheque Bounce, Consumer Court, Divorce, Family, Motor Accident, Succession Certificate, Revenue, RERA, Domestic Violence

Get Advice

Motor Accident Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.