Yes. In India, the family or legal representatives of a person who dies in a motor-vehicle accident can generally claim compensation. Section 166 of the Motor Vehicles Act, 1988 specifically allows all or any of the deceased person's legal representatives to file a compensation claim before the Motor Accident Claims Tribunal (MACT).
Who can claim compensation?
Depending on the circumstances, legal representatives may include:
- Spouse
- Children
- Parents
- Other dependants or legal representatives, depending on the facts of the case
If not all legal representatives join the claim, the application is still made for the benefit of all legal representatives, and those who have not joined may be included as respondents.
What compensation can be claimed?
The compensation may take into account factors such as:
- Loss of income and future financial support
- Loss of dependency
- Funeral expenses
- Loss of consortium
- Loss of estate
- Other applicable losses and expenses
The amount is not automatically fixed. The Tribunal determines what constitutes "just compensation" based on the circumstances and available evidence.
Where can the family file the claim?
A claim can generally be filed before the appropriate Motor Accident Claims Tribunal (MACT). Under Section 166, the application may be made before the Tribunal having jurisdiction over the place of the accident, the place where the claimant resides or carries on business, or the place where the defendant resides, subject to the statutory requirements. (India Code)
The family should preserve documents such as the FIR, post-mortem report, death certificate, medical records, income documents, insurance details, vehicle documents and proof of relationship/dependency.
In short: If a person dies in a road accident, their eligible family members/legal representatives can pursue compensation from the responsible vehicle's insurer/owner/driver, depending on the facts and applicable law. The exact amount depends on factors such as the deceased's age, income, dependants, occupation and circumstances of the accident.
