What to Do Legally After a Road Accident in India 2026 — FIR, MACT, and Good Samaritan Protection

This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.

Introduction

Road accidents in India give rise to a complex set of legal obligations and remedies that span criminal law, motor-vehicles regulation, insurance, and tort. The Motor Vehicles Act, 1988 (MV Act), as amended by the Motor Vehicles (Amendment) Act, 2019, and the Bharatiya Nyaya Sanhita, 2023 (BNS) together govern the rights and duties of drivers, victims, and Good Samaritans. This article outlines the immediate steps an affected person should consider following a road accident, the procedure for claiming compensation before the Motor Accident Claims Tribunal (MACT), and the legal protection available to bystanders who render assistance.

Immediate Steps at the Accident Scene

Duty of the Driver — Section 134 MV Act

Section 134 of the MV Act, 1988 (retained by the Motor Vehicles (Amendment) Act, 2019) imposes a duty on the driver of a vehicle involved in an accident to:

Take all reasonable steps to secure medical attention for the injured person by conveying them to the nearest medical practitioner or hospital, unless it is impracticable for reasons beyond the driver’s control.
Give particulars of the vehicle to a police officer or other person making the inquiry, including registration number, name and address of the driver and owner, and insurance details.
Report the accident to the nearest police station within 24 hours.

Failure to comply attracts penal consequences under Section 187 of the MV Act.

Golden Hour Treatment — Section 162 MV Act

The expression “golden hour” is statutorily recognised in Section 2(12A) of the MV Act, defined as the time period of up to one hour following a traumatic injury during which prompt medical care has the highest likelihood of preventing death. Section 162 of the MV Act mandates cashless treatment of road-accident victims during the golden hour, in accordance with the scheme made by the Central Government. Hospitals — both public and private — are required to provide immediate stabilising care without insisting on procedural formalities.

Good Samaritan Protection — Section 134A MV Act

Section 134A, inserted by the 2019 Amendment, protects a Good Samaritan — a person who voluntarily and in good faith renders emergency medical or non-medical assistance at the scene of an accident — from civil or criminal liability for any injury or death caused by the Good Samaritan’s act. The Good Samaritan Rules, 2020, notified by the Ministry of Road Transport and Highways, further provide that:

A Good Samaritan cannot be compelled to disclose personal details or to be a witness.
Hospitals shall not detain or harass a Good Samaritan.
Police interaction with a Good Samaritan is regulated and must be respectful.

This statutory protection is intended to remove the historical reluctance among bystanders to assist accident victims for fear of being entangled in legal proceedings.

First Information Report (FIR)

A road accident causing death or grievous hurt is a cognisable offence. The relevant provisions under the BNS include:

Section 106(1) BNS — death by negligence (corresponding to Section 304A IPC), punishable with imprisonment up to five years and fine.
Section 106(2) BNS — death by rash and negligent driving where the driver escapes from the scene without reporting, punishable with imprisonment up to ten years and fine.
Section 281 BNS — rash driving on a public way (corresponding to Section 279 IPC).
Section 125 BNS — act endangering life or personal safety of others, with sub-sections covering simple and grievous hurt (corresponding to Sections 336–338 IPC).

An FIR may be lodged at the police station having jurisdiction over the place of accident. Refusal to register an FIR for a cognisable offence is itself impermissible, and a complaint under Section 173(4) BNSS to the Superintendent of Police, or under Section 175(3) BNSS before the Magistrate, is the available remedy.

Compensation — The MACT Framework

The MV Act provides for a specialised forum — the Motor Accident Claims Tribunal — for adjudicating compensation claims arising out of motor accidents.

Section 164 — Statutory Compensation Without Fault

Section 164 of the MV Act (introduced by the 2019 Amendment, replacing the earlier “no-fault” liability regime under Sections 140 and 163A) provides for payment of a lump-sum compensation:

Rs. 5 lakh in case of death.
Rs. 2.5 lakh in case of grievous hurt.

The claimant is not required to plead or prove negligence. The claim must be filed within six months of the accident.

Section 166 — Compensation on Proof of Fault

Section 166 provides for compensation based on the established principles of tort. The Tribunal awards “just compensation” taking into account the deceased’s or injured person’s age, income, dependency, future prospects, and personal expenses. The Supreme Court’s “multiplier method”, consolidated in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, governs the assessment of loss of dependency.

Section 161 — Hit-and-Run Compensation

Where the vehicle responsible for the accident cannot be identified despite reasonable efforts, Section 161 of the MV Act provides for compensation under a Central Government scheme:

Rs. 2 lakh in case of death.
Rs. 50,000 in case of grievous hurt.

The application is made to the Claims Enquiry Officer at the taluka level, and the Claims Settlement Commissioner (typically the District Magistrate) sanctions payment after enquiry.

Procedure Before the MACT

Application: Form 54 of the Central Motor Vehicles Rules, 1989, is filed before the MACT having jurisdiction over the place of accident, the residence of the claimant, or the residence/business of the respondent.
Parties: The driver, the registered owner, and the insurer of the offending vehicle are arrayed as respondents.
Evidence: FIR, charge-sheet, post-mortem report or medical records, salary slips or income tax returns, age proof, and witness testimony are typically relied upon.
Award: The Tribunal pronounces an award which is enforceable as a decree of a civil court.
Appeal: An award of more than Rs. 1 lakh is appealable to the High Court under Section 173 of the MV Act.

Limitation

The proviso to Section 166(3), as it stands, prescribes a six-month limitation for filing a claim petition. Claims under Section 164 have a similar six-month limitation. Courts retain the power to consider delay where the cause is genuine.

Insurance — Third-Party and Own-Damage

Section 146 of the MV Act mandates compulsory third-party insurance for every motor vehicle in use in a public place. The insurer is statutorily liable to satisfy the MACT award up to the limits specified in the policy. Where third-party insurance is in force, the claimant is generally entitled to recover from the insurer regardless of the financial position of the owner.

Common defences raised by the insurer — driver without a valid licence, breach of policy condition, vehicle being used for unauthorised purposes — have been narrowed by the Supreme Court. In National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297, the court held that even where a defence is established, the insurer must “pay and recover” from the owner; the third-party victim cannot be left remediless.

Key Case Law

National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680

A Constitution Bench standardised the computation of compensation under Section 166. The court fixed slabs for “future prospects” — an addition of 50% of actual salary for those below 40 years in permanent employment, scaled down for higher age groups, and 40%/25%/10% additions for self-employed persons in similar age brackets — and standardised conventional heads such as loss of estate, loss of consortium, and funeral expenses.

National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297

The Supreme Court held that the insurer cannot avoid liability towards third parties on technical grounds; the principle of “pay and recover” was firmly established.

Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121

The Supreme Court laid down the multiplier table for assessing loss of dependency in fatal accident claims, ranging from 18 (for ages 15 to 35) to 5 (for ages 61 to 65).

Important Points to Remember

The driver involved in an accident has a statutory duty to take the injured to the nearest hospital and to report the matter to the police.
Hospitals — public and private — must provide cashless treatment during the golden hour and cannot insist on documents or deposits.
Bystanders who render assistance are protected from civil and criminal liability and from being compelled to disclose their identity.
Compensation may be claimed under Section 164 (without fault), Section 166 (with proof of negligence), or Section 161 (hit-and-run, unidentified vehicle).
The limitation period for a claim petition is six months from the date of the accident.
Compulsory third-party insurance ensures that the insurer pays the award; the victim is not dependent on the offending driver’s solvency.
All medical records, FIR, charge-sheet, post-mortem report, and proof of income should be preserved for use before the MACT.
An FIR cannot be refused for a cognisable offence; remedies are available before the SP and the Magistrate.

Useful Resources

Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.