When Both Victim and Driver-Owner Die: MACT Raises Concern Over Missing Compensation Mechanism in Road Accident Claims

The Motor Accident Claims Tribunal at Patiala House Courts has sought the intervention of the Ministry of Road Transport and Highways in a case highlighting what it termed a “clear policy vacuum” in compensating road accident victims where both the victim and the driver-cum-owner of an uninsured vehicle have died.

The case arises from a fatal road accident involving Surender Kumar Ahirwar, a cyclist, who lost his life after being hit by a car driven by Vishnu. According to the charge sheet in the case registered at PS South Campus under Sections 279 (Section 281, BNS), 338 [Section 125 (b), BNS], 427 [Section 324 (4), BNS] and 304A [Section 106 (1), BNS] of the IPC, the car bearing registration number DL 1K 8530 struck Ahirwar. The driver then lost control and hit a pole. Both Ahirwar and Vishnu died in the accident.

Ahirwar is survived by his wife and two minor children, who are now pursuing compensation before the tribunal. However, the proceedings have exposed a legal and policy gap. The offending vehicle was not insured at the time of the accident, eliminating the possibility of recovery from an insurer.

The tribunal noted that directions had earlier been issued to auction the offending vehicle. However, the vehicle is a 2014 model, and the court found merit in the submission of the claimant’s counsel that its auction would not fetch a sufficient amount to provide meaningful compensation to the bereaved family.

Complicating matters further, Vishnu was both the driver and the owner of the vehicle and also died in the accident. His parents, who appeared before the tribunal, submitted that they are elderly, live in a jhuggi and are struggling to sustain themselves. They stated that they had not inherited any property from their deceased son and do not possess assets from which compensation could be recovered.

The tribunal had earlier sought assistance from the New Delhi District Legal Services Authority to examine whether compensation could be granted under any existing legal aid framework. However, the NDDLSA informed the court that compensation is available only in hit-and-run cases where the police file an untrace report. Since the present case does not fall into that category, the claim does not qualify under that scheme.

Counsel for the claimant further submitted that the case is not covered under the Cashless Treatment of Road Accident Victims Scheme, 2025, or the Scheme for Compensation to Victims of Hit and Run Motor Accidents, 2021. He argued that the present circumstances reveal a policy vacuum, where the driver-cum-owner has died, the vehicle was uninsured, and no attachable property exists to satisfy an award.

Agreeing with the submissions, the tribunal observed that there is a clear policy gap and that the family of the deceased cyclist cannot be left to “struggle with fate” merely because the existing statutory and welfare frameworks do not contemplate such a scenario.

In these peculiar facts, the tribunal held that the assistance of the Ministry of Road Transport and Highways is necessary to determine whether any existing policy or scheme can be invoked to compensate the victim’s family. It directed that a copy of the order be communicated to the Secretary, MoRTH, with a request to depute a representative to assist the tribunal on the next date of hearing and clarify whether any benevolent scheme of the Government of India can be extended to the claimant’s family.

The matter has been listed for further proceedings on February 27, 2026.

Mr. Gorang Goyal, Legal Aid Counsel, appeared on behalf of the claimant and was present along with Ms. Narmada, the wife of the deceased cyclist Surender Kumar Ahirwar. On the other side, Mr. Shankar, father of the deceased driver-cum-owner Vishnu, appeared in person and was represented by Ms. Shruti and Ms. Rudrakshi, counsels. 

Case Title: Narmada vs Vishnu connected with Rajni and Vishnu

Order Date: January 31, 2026

Judge: Abhilash Malhotra, Judge/PO,MACT-02,PHC, New Delhi