In India, victim compensation in road accidents is governed by the Motor Vehicles Act, 1988, and the Motor Vehicles (Amendment) Act, 2019. The Act provides for the payment of compensation to victims of road accidents and their families, and establishes a legal framework for the calculation and distribution of compensation and claimant must claim compensation by filing a claim with the Motor Accident Claims Tribunal within six months of the accident, and may also be eligible for compensation under other laws and schemes.

Under the Law, the compensation payable to a victim of a road accident depends on various factors, including the severity of the injuries, the extent of disability, the loss of income and earning capacity, and the cost of medical treatment and rehabilitation. The compensation is calculated based on a structured formula that takes into account these factors, and is designed to provide adequate and just compensation to the victim.

The Law also provides for the establishment of Motor Accident Claims Tribunals (MACTs) in each district of the country. MACTs are responsible for adjudicating claims for compensation in road accidents, and for awarding compensation to the victim or their family members. MACTs have the power to award compensation ranging from a few thousand rupees to several lakhs of rupees, depending on the nature and severity of the injuries.

The claim must include details of the accident, the injuries sustained by the victim, and the amount of compensation claimed. The claimant must also submit supporting documents, such as medical records, police reports, income proof and income tax returns, to substantiate the claim.

The claimant of road accidents may also be eligible for compensation under other laws and schemes, such as the Workmen’s Compensation Act, the Employees’ State Insurance Act, and the National Social Assistance Programme. These schemes provide additional support and financial assistance to victims of accidents who are unable to work and earn a living due to their injuries.