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Motor Accident Claim Motor Vehicle Compensation

· 7 min read
Priyansh Khodiyar
Vaquill co-founder
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MOTOR VEHICLE COMPENSATION 



IN THE COURT OF MOTOR ACCIDENT CLAIMS TRIBUNAL

AT ________



MAC No:_____________ of 20________



_________________________________Petitioner 

Versus

_________________________________Respondents 

Petition Under Section 166 of the Motor Vehicles Act for the Grant of Compensation to the Petitioner on Account of Damage to his _________



Respectfully Sheweth: 

I, The above named petitioner, do hereby apply for the grant of compensation loss/damage sustained to my property described as _____ by use of Motor Vehicle of the respondent No. ______. The necessary particulars of the _____ in question are given as under:- 



1. Name and father's name of the claimant: Same as given in memo of parties above. 

2. Full address of the property: Resident of : _______ 

3. Age of the injured: _______ Years. 

4. Occupation of the injured: _______ presently 

5. Name and address of the deceased/injured : Resident: _______ 

6. Did the person in whose respect compensation is claimed pay income tax : ______-_Yes/No 

7. Monthly income :Rs. _______ 

8. Place, date and time of accident : Accident took place at _______ 

9. Name of police station : PS : _______ 

10. Was the person in whose respect the compensation is claimed traveling in the bus and if so than the place of start of journey & destination: The person in whose respect the compensation is being claimed was traveling in the _______ 

11. Nature of the loss/injury sustained by the property: The _______ 

12. Name and address of the person who attended/visited the property: _______ 

13. Period of treatment and expenditure: The injured/deceased remained under treatment from _______ 

14. Registration and type of vehicle involved in the accident: 

Regn No. _______

15. Name of the insurer: Not known. _______ 

16. Has any claim been lodged with the insurer : _________Not known. 

17. Name and address of the owner of the vehicles: Same as given in memo of parties above. 

18. Name and address of the applicant: Same as given in memo of parties above.

19. Relation with the deceased/injured : The petitioner _______ 

20. Title to the property : The _______ 

21. Amount of compensation: - Injury _______ - Love & Affection _______ - Medical Expenses _______ Images _______ - Pain & mental Agonies _______ - Loss of Marital Bliss _______ Total ______________ 

22. Any other information which may be necessary for the disposal of the claim: The ________ 

23. Reasons or grounds for late submission of claim application on which condonation of delay is claimed. The claim application is within the period of limitation. 

24. Cause of Accident with brief description : The accident took place due to rash and negligent driving of the driver of the vehicle. __ It is, therefore, respectfully prayed that the petition may kindly be allowed and the petitioner may kindly be awarded compensation amounting to Rs. _________ as ________ and interest thereon @18% per annum till payment against all the respondents jointly and severally. 

_______________ 

Petitioner 

______________ 

Through, Advocate 

Verification:



I, the above named deponent do hereby verify that the contents of this affidavit of mine are true and correct to the best of my knowledge and belief. 

Verified at ________ this the -- day of ._______ Petitioner

 







































IN THE COURT OF MOTOR

ACCIDENTS CLAIMS TRIBUNAL

AT __________



_________________________Petitioner 

Versus



_________________________Respondents 

Application Under Section 140 of The Motor Vehicles Act For Compensation On Account Of No Fault Liability



Respectfully Sheweth : 

1. That the petitioner hereinabove has filed an application under the Motor Vehicle Act in this Hon'ble Court, hearing/final disposal whereof will take some time. 

2. That it is apparent from perusal of grounds and documents attached therewith that the petitioner has prima facie a very good case in his favour and the petition is bound to succeed. 

3. That the balance of convenience is clearly in favour of making of an interim order granting a sum of Rs. __________- on account of No Fault Liability to the petitioner pending disposal of the petition. 

4. That interest of justice demands that the respondents are directed to deposit and pay a sum of Rs. __________- to the petitioner as admittedly the ______________death/permanent disablement has been occasioned by the use of the vehicle of the respondents and the same is amply evident from the perusal of grounds of petition and the documents attached therewith. 

5. It is, therefore, most humbly prayed that this application may kindly be allowed and the respondents be directed to deposit and pay a sum of Rs. _________ to the petitioner under the Act on account of No Fault Liability in interest of justice. 



FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY. 

__________ 

Petitioner 

______ 

Through, Advocate

 









































IN THE COURT OF MOTOR ACCIDENTS CLAIMS TRIBUNAL

AT __________



MAC No.: ______ of 20_____



____________________________Petitioner 



Versus



________________________Respondents

 

Affidavit in support of Application under Section 140 of the Motor Vehicles Act



I,_____________, do hereby solemnly affirm and declare as under :- 

1. That the accompanying application has been prepared under my instructions. 

2. That the contents of paras 1 to 5 of the accompanying application are correct and true to the best of my knowledge. 

3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein. 

Affirmed at _____________ this the ______. 

Deponent 



In the above noted suit every summons, notice & other order may be served on me on the address given above during the pendency of the suit. Change of Address will be intimated to the Court. 

Dated : ______ 

Plaintiff/Petitioner 

Defendant/Respdt 

Through, Advocate 



PROCESS FEE

 

































In the Court of : Motor Accidents Claims Tribunal

at_________



______________________________

Versus

_______________________________

Claim : Accident Claim______ 

Petitioner For the service of respondents:-

 
Advocate 


Received on __________________ Court-fee stamp of the value of Rs. ______________ with

___________ ____ copies in 

case No. __ of 20____

_____________________________

Vs

____________________________



Signature of the Head Notice Writer

Under Order 7 Rule 13 (1) CPC 

List of documents filed by Plaintiff 

In the Court of : Motor Accidents Claims Tribunal at Coimbatore

______________________________

Versus

________________________________



Date Of Hearing: ______

Suit for : Claim 

Date of Production :______ 

S.No Details, Date What is If documents If Rejected Documents Intended Filed what is then the to be the Exh marked date of Proved from on it return of Documents 

To prove petitioner's case 

1. FIR 

2. Postmortem Report ______ 

3. School Leaving Certificate ______ 

4. Income Certificate ______ 

Date: ______ 

Counsel for Plaintiff/Defendant 

List of Document Relied Upon 

Under Order 7 Rule 14 CPC Filed by : ______





















In the Court of : Motor Accidents Claims Tribunal

at____________



____________________________

Versus

__________________________



Suit : Claim Petition Date of hearing: 

---------------------------------------------------------------- 

1. Have you produced any Yes Sir, as per list. documents with the plaint so, what are those document. 

2. Do you wish to produce any more Yes sir, if required. documents which are in your possession and custody if so, what are those documents. 

3. Do wish to relay upon any Yes sir, later on from other documents, if so in various authorities. 

whose possession they are and what are those documents. ----------------------------------------------------------- 

Counsel for Dated : ______ 
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