Chapter XII — Claims Tribunals
Section 166 — Application for compensation
Written and checked byManju Shekhar· Motor Law & Compliance· Updated 10 October 2026
Motor Vehicles Act, 1988 (Act 59 of 1988)
Text of the section
Application for compensation.—(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made— (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or
Reproduced from the India Code text of the Act. Bracketed superscript numerals are the official footnote markers for earlier amendments.
Amended by the 2019 Amendment Act
In section 166 of the principal Act,— (i) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:— “Provided further that where a person accepts compensation under section 164 in accordance with the procedure provided under section 149, his claims petition before the Claims Tribunal shall lapse.”. Power of State Government to make rules. Amendment of section 165. Amendment of section 166. 32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (ii) in sub-section (2), the proviso shall be omitted; (iii) after sub-section (2), the following sub-section shall be inserted, namely:— “(3) No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident.”. (iv) in sub-section (4), for the words, brackets and figures "sub-section (6) of section 158", the word and figures "section 159" shall be substituted; (v) after sub-section (4), the following sub-section shall be inserted, namely:— “(5) Notwithstanding anything in this Act or any other law for the time being in force, the right of a person to claim compensation for injury in an accident shall, upon the death of the person injured, survive to his legal representatives, irrespective of whether the cause of death is relatable to or had any nexus with the injury or not.”. 54.
This is the amending instruction from the Motor Vehicles (Amendment) Act, 2019 (Act 32 of 2019), quoted verbatim. Read it together with the text above — the consolidated version is the section as it reads once these changes are applied.
Amended by the Jan Vishwas Act, 2026 — in force from 15 August 2026
(Q) In section 166, after sub-section (3), the following proviso shall be inserted, namely:— “Provided that the Claims Tribunal may entertain an application for compensation after the expiry of the said period of six months from the date of occurrence of the accident, but within a further period not exceeding twelve months, if it is satisfied that the applicant was prevented by sufficient cause from making an application within such period.”.
Amending instruction from the Jan Vishwas (Amendment of Provisions) Act, 2026 (No. 8 of 2026), Schedule entry 51, quoted verbatim. It took effect for the Motor Vehicles Act on 15 August 2026 under S.O. 4100(E), 24 July 2026. Where it conflicts with the text above, this later change prevails.
Before you rely on this. The base text above is the Act as consolidated by the India Code, which predates the 2019 amendment; 2019 and 2026 changes are shown separately rather than merged in. Later amendments may also apply. For anything official, read the current text on the e-Gazette or the Ministry of Road Transport and Highways site.
All sections
Browse the full arrangement of sections.
Violations & penalties
What each offence costs in practice.