MACT Law

What compensation can family members claim if someone dies in a motor accident?

Asked by Anonymous · Answered 28 Jan 2026

The Question
A close family member of mine tragically passed away in a road accident. What compensation, if any, can our family claim, and how is it calculated?
Answer — MyLawIndia Legal Team

Family members and legal dependents of a person who died in a motor accident can file a claim before the Motor Accident Claims Tribunal, seeking compensation that generally accounts for the deceased's income and expected future earnings (using an established multiplier method based on their age), loss of consortium and companionship to dependents, funeral expenses, and other statutorily recognised heads of compensation.

The specific amount depends significantly on factors like the deceased's age, income, number of dependents, and their relationship to the deceased, and courts follow fairly well-established guidelines and precedents to arrive at a fair figure across these different components.

Where the vehicle causing the accident had a valid insurance policy, the compensation is typically ultimately paid by the insurance company, though the claim process still needs to be properly filed and pursued before the tribunal. This is an emotionally difficult time, and having a motor accident claims lawyer handle the filing and calculation on your family's behalf can help ensure the claim properly reflects the full extent of your loss.

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