Practice Area

Motor Accident Claims

Compensation that reflects loss — not statutory minima.

Overview

A claim is not a charity — it is a calculation. Our team prepares MACT petitions backed by income proof, multiplier method computation, and Supreme Court precedent to maximise just compensation under the Motor Vehicles Act, 1988.

We act for accident victims, dependants and insurers. On the claimant side, we ensure no head of damages is overlooked — loss of dependency, loss of consortium, loss of love and affection, loss of estate, funeral expenses, future medical treatment, loss of earning capacity, pain and suffering. On the insurer side, we audit claims for fraud markers and structure settlements that resolve genuine claims without overcompensating exaggerated ones.

Our MACT practice operates across Delhi NCR — claims tribunals at Patiala House, Tis Hazari, Karkardooma, Saket and Rohini Court Complexes — with a steady stream of fatal, grievous and hit-and-run matters.

Claims We Handle

  • Fatal accidents — dependency, loss of consortium, funeral & love-affection
  • Grievous injury — disability, future treatment, loss of earning capacity
  • Hit-and-run cases under Section 161 of the MV Act and the Solatium Scheme
  • Pay-and-recover proceedings against insurers
  • Workmen Compensation parallel claims

Documentary Process

  • FIR, charge-sheet & site-plan compilation
  • Income & dependency evidence (ITR, salary slips, business records)
  • Disability certificate & doctor's deposition
  • Final argument & decree execution against insurer
  • Interim compensation under Section 140 (no-fault liability)

Multiplier Method — How Compensation is Calculated

The Supreme Court's framework in Sarla Verma v. DTC (2009), refined in Reshma Kumari (2013), Pranay Sethi (2017) and subsequent rulings, governs compensation calculation. The deceased's income (with future prospects), age multiplier (16-15-14 etc.), personal expense deduction (1/3 to 1/4), and additional heads (consortium, love & affection, funeral) make up the compensation. We compute claims at filing, not at hearing — ensuring claims are pleaded at correct value.

Insurer Pay-and-Recover

Section 149 of the MV Act creates statutory liability of insurers to satisfy decrees against insureds, with limited defences. The 'pay and recover' mechanism allows tribunals to order insurer to pay compensation while reserving the right to recover from the owner/driver where statutory defences apply (drunk driving, no licence). We have extensive experience on both sides of this mechanism.

Statutes & Regulations

Key laws governing this practice.

Motor Vehicles Act, 1988 (with 2019 amendments)
Motor Vehicles (Amendment) Act, 2019
Workmen's Compensation Act, 1923 (overlap)
Solatium Scheme, 1989

Who This Is For

Audiences we typically advise in this area.

  • Accident victims and their dependants
  • Family members of deceased in fatal accidents
  • Hit-and-run victims (limited compensation under Solatium Scheme)
  • Insurers defending fraudulent or exaggerated claims
  • Employers facing parallel WC and MV Act claims

Recent Outcomes

Anonymised matter highlights.

₹2.4 cr Awarded for Fatal Accident

Mid-career executive killed in road accident. Multiplier-method computation, future-prospects addition, and consortium heads pleaded comprehensively — full claim awarded by MACT.

Insurer's Pay-and-Recover Plea Defended

Insurer alleged drunk driving as defence under Section 149. Defended on evidence of post-accident BAC test irregularities — insurer ordered to pay claimant directly.

Outcomes are matter-specific. Past results are not a guarantee of future performance.

Why K & K

Strategic differentiators in this practice.

  • We do not under-claim — every legitimate head of damages is computed.
  • Settlement strategy with insurers when it benefits the claimant.
  • MACT appearance experience at Patiala House, Tis Hazari and Karkardooma.

Frequently Asked

Questions our clients ask first.

Serving Delhi NCR & Beyond

Our office at A-197, LGF, Defence Colony, New Delhi 110024 is the operating base for clients across Delhi NCR — Gurgaon, Noida, Faridabad, Ghaziabad — and pan-India through a vetted local-counsel network. We routinely appear at Saket, Patiala House, Tis Hazari, Karkardooma, Rohini and Dwarka District Courts; the Delhi High Court; and the Supreme Court of India.

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