Road accident: free treatment, Good Samaritan law and compensation
Cashless treatment up to ₹1.5 lakh, protection for those who help, MACT claims, no-fault and hit-and-run compensation, and what families should do.
In short
- Call 112. Any road accident victim can get cashless treatment up to ₹1.5 lakh for up to 7 days at a designated hospital under the PM-RAHAT scheme (earlier the Cashless Treatment Scheme, 2025).
- If you help a victim, you are a Good Samaritan: you need not give your name, the hospital cannot detain you or ask you to pay, and you are protected from civil and criminal liability Sec 134A MV Act.
- Victims and families can claim compensation before the Motor Accident Claims Tribunal (MACT) Sec 166 MV Act, usually paid by the vehicle's insurer.
- In a hit-and-run where the vehicle is never traced, apply for ₹2 lakh (death) or ₹50,000 (grievous hurt) to the Claims Enquiry Officer Sec 161 MV Act.
Many people die on Indian roads because help comes too late. Bystanders hesitate, afraid of police questions and court visits. Families, in shock, do not know that the law gives them free treatment and compensation. This guide covers what to do at the spot, how treatment is paid for, and how to claim money afterwards.
At the accident spot
- Call 112 for police and ambulance. Tell them the exact location and how many people are hurt.
- Make the area safe. Switch on hazard lights and warn traffic. Do not stand in the road.
- Basic first aid only. Press firmly on heavy bleeding with a clean cloth. Do not move someone who may have a neck or spine injury unless there is fire or other danger.
- Note details if you can: vehicle number, colour, time, and photos of the scene.
Good Samaritans are protected
A Good Samaritan is anyone who, in good faith and without expecting a reward, gives emergency help or takes a victim to hospital. After the Supreme Court approved protective guidelines in Savelife Foundation v. Union of India (2016), Parliament added Sec 134A MV Act in 2019, and rules followed in 2020. In practice:
- You are not liable in any civil or criminal case for injury or death caused by negligence while giving emergency care in good faith.
- You do not have to give your name, address or phone number to the police or hospital. It is your choice.
- The hospital cannot detain you or ask you to pay. You can leave after dropping the victim.
- If you agree to be a witness, you should be examined only once, at a time and place convenient to you, and you may give evidence by video.
Under the Ministry of Road Transport's Rah-Veer scheme, a person who takes a seriously injured victim to hospital within the golden hour can get a ₹25,000 reward and a certificate. The scheme is renewed for fixed periods, so check with the district administration whether it is running.
Free treatment: the PM-RAHAT scheme
The Cashless Treatment of Road Accident Victims Scheme, 2025, made under Sec 162 MV Act, came into force on 5 May 2025. In February 2026 it was renamed the PM-RAHAT (Road Accident Victims' Hospitalisation and Assured Treatment) scheme.
- Any person injured in a road accident involving a motor vehicle, on any road, is covered.
- Treatment is cashless up to ₹1.5 lakh per person per accident, for up to seven days from the accident, at hospitals designated under the scheme.
- Non-designated hospitals must give stabilisation treatment and refer the patient onward.
- Hospitals are paid from the Motor Vehicle Accident Fund after the police confirm the accident. The National Health Authority runs the system with state agencies.
Separately, in Parmanand Katara v. Union of India (1989) the Supreme Court held that every doctor, government or private, must give immediate aid to save an injured person's life without waiting for police formalities.
Compensation for victims and families
Claim before the MACT. An injured person, or the legal heirs of a person who died, can file a claim before the Motor Accident Claims Tribunal Sec 166 MV Act. You can file where the accident happened, where you live or work, or where the driver or owner lives. Compensation covers medical bills, loss of income, loss of support to the family, pain and suffering, and future treatment. Third-party insurance is compulsory, so the insurer usually pays.
No-fault compensation. The Act also provides fixed compensation of ₹5 lakh for death and ₹2.5 lakh for grievous hurt without having to prove anyone's fault Sec 164 MV Act. A lawyer or the Legal Services Authority can advise which route gives more in your case.
The police report. The police must prepare an accident information report within three months and send it to the Tribunal Sec 159 MV Act. The Tribunal can treat it as a claim, so ask the investigating officer for its status.
Time limit. The 2019 amendment says claims must be filed within six months. Its validity is under challenge, and in November 2025 the Supreme Court directed that, while the case is pending, tribunals and High Courts must not dismiss claims as time-barred (Bhagirathi Dash v. Union of India). Still, file as early as you can.
Hit-and-run. If the vehicle cannot be traced, the Compensation to Victims of Hit and Run Motor Accidents Scheme, 2022 pays ₹2 lakh for death and ₹50,000 for grievous hurt from the Motor Vehicle Accident Fund Sec 161 MV Act. Apply in the prescribed form to the Claims Enquiry Officer (usually the SDM or SDO of your area). In S. Rajaseekaran v. Union of India (2024) the Supreme Court directed police to tell families about this scheme, and Legal Services Authorities to help those who have not claimed within a month.
The criminal case. Causing death by rash or negligent driving is an offence Sec 106(1) BNS (earlier Sec 304A IPC). The police must register an FIR. The criminal case and the compensation claim run separately.
Step by step for families
- Get the FIR number and the investigating officer's name and phone number.
- Collect medical records, bills, discharge summary and, in a death, the post-mortem report.
- Gather proof of income (salary slips, ITR, business records) and age.
- Ask the police whether the accident report has been sent to the MACT; if not, file your own claim petition.
- In hit-and-run cases, apply to the Claims Enquiry Officer with the FIR and medical or death papers.
- Get free help from the District Legal Services Authority (15100). Lok Adalats settle many claims quickly.
Imran saw a scooter rider fall on a highway near Indore. He called 112, pressed a cloth on the rider's head wound and rode with the ambulance. At the hospital the clerk asked for his phone number and a deposit. Imran said he was a Good Samaritan, declined both, and left. The rider, Suresh, was treated cashless under the scheme. Suresh's family later filed a claim before the MACT; the insurer of the car that hit him settled at a Lok Adalat.
Keep these ready
- FIR copy and the accident report.
- Medical records, bills, discharge summary; post-mortem and death certificate if relevant.
- Proof of income and age; dependants' details.
- Vehicle number, insurance details (if known), photos of the scene.
- ID and bank details of the claimant or legal heirs.
Agents sometimes approach families at hospitals offering to "handle" claims for a large cut. You do not need them. The Legal Services Authority helps for free, and the claim can be filed directly before the MACT.
Where to go
- Emergency: 112 (police and ambulance).
- Treatment: the nearest hospital; ask for cashless treatment under PM-RAHAT.
- Compensation: the Motor Accident Claims Tribunal in your district; for hit-and-run, the Claims Enquiry Officer (SDM/SDO).
- Free legal help: District Legal Services Authority, 15100.
- Grievances against officials: pgportal.gov.in.
Common questions
Will the police harass me if I take an accident victim to hospital?
No. Under Sec 134A of the Motor Vehicles Act and the 2020 rules, you need not give your name or contact details, cannot be detained, and are protected from liability for acting in good faith. If you choose to be a witness, you should be examined only once.
Does the hospital have to treat an accident victim without payment?
Yes. Designated hospitals must give cashless treatment up to ₹1.5 lakh for seven days under the PM-RAHAT scheme, and every hospital must give emergency care to save life. The Supreme Court said so in Parmanand Katara (1989).
What if the vehicle that hit us ran away?
If it is never traced, apply under the hit-and-run scheme for ₹2 lakh (death) or ₹50,000 (grievous hurt) to the Claims Enquiry Officer. If the vehicle is traced later, you can claim full compensation before the MACT.
Is there a deadline for filing a motor accident claim?
The law says six months, but the Supreme Court has directed that claims should not be dismissed as time-barred while a challenge to that rule is pending (November 2025). File as soon as you can.
Do I need a lawyer to claim compensation?
It helps in contested claims, but you can get one free through the District Legal Services Authority (15100). Many claims settle at Lok Adalats without a full trial.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
