Motor accident claim petition (s.166 Motor Vehicles Act)

A claim to the Motor Accident Claims Tribunal for a death or injuries: claimants, victim, vehicle, driver, owner, insurer, FIR and the heads of compensation.

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How the paper begins

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BEFORE THE Motor Accident Claims Tribunal, Amarnagar

Claim Petition No. ______ of 2026

Kuldeep Kaur widow of late Shri Jaswant Singh, aged about 38 years, resident of Village Kalyanpur, Tehsil and District Amarnagar, Punjab

…Claimant No. 1 and others

Versus

Mohinder Pal son of Shri Sat Pal, aged about 35 years, resident of Ward No. 5, Shantipur, District Shantipur, Haryana

…Respondent No. 1 (Driver)

AND

Raghav Transport Company, through its proprietor Raghav Bansal son of Shri Naresh Bansal, aged about 50 years, resident of Plot No. 9, Transport Nagar, Shantipur, District Shantipur, Haryana

…Respondent No. 2 (Owner)

AND

Amar General Insurance Company Limited, through its Branch Manager, Mall Road, Amarnagar

…Respondent No. 3 (Insurer)

CLAIM PETITION UNDER SECTION 166 OF THE MOTOR VEHICLES ACT, 1988 FOR COMPENSATION FOR DEATH IN A MOTOR VEHICLE ACCIDENT

(accident dated 03-08-2026; vehicle No. HR-00-X-0000)

Respectfully Showeth:

1.That the claimants are:

No.	Name, parentage, age and address	Relation to the deceased
1	Kuldeep Kaur widow of late Shri Jaswant Singh, aged about 38 years, resident of Village Kalyanpur, Tehsil and District Amarnagar, Punjab	widow
2	Gurpreet Singh, minor son, aged 14 years, through his mother and next friend Kuldeep Kaur, resident of Village Kalyanpur, Tehsil and District Amarnagar	son
3	Surjit Kaur widow of Hari Singh, aged 68 years, resident of Village Kalyanpur, Tehsil and District Amarnagar	mother

The rest of the paper is in Dastavo.

What to bring

Papers to bring

Certified copies of the FIR and, if filed, the Detailed Accident Report (DAR), the site plan and the mechanical inspection report
For a death: the death certificate, the post-mortem report, and proof that each claimant is a legal heir (family register, ration card, Aadhaar)
For injuries: the MLR, the discharge summary, the treatment papers, every bill, and any disability certificate
Proof of the victim's age and income: the matriculation or birth certificate, salary slips, income-tax returns, or land and business records
The offending vehicle's number and, if you can get them, copies of its RC, insurance policy and the driver's licence
Identity proof and bank account details of every claimant (a minor claims through a guardian), and a vakalatnama for your advocate

Where to go

Filed through an advocate before the Motor Accident Claims Tribunal (usually a District or Additional District Judge) where the accident happened, where you live or work, or where a respondent lives.

Fee

Court fee as the Tribunal's counter assesses under the state's Motor Vehicles Rules (usually a fixed fee, not one on the amount claimed). The advocate's fee is separate.

Good to know

File early: the 2019 amendment sets a limit of six months from the accident (s.166(3)); if it has passed, ask your advocate at once.
Do not sign any settlement or receipt from the insurer or the owner without your advocate; money already received is set off against the award.
Every legal heir must be in the petition, as a claimant or else as a respondent; a minor's share is usually put in a fixed deposit.

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee on a plaint, petition or appeal depends on the relief and its valuation under the state's court-fee law; affix the court-fee stamps (or the e-court-fee receipt) and any welfare stamps as the court office directs.