Families in Australia can claim compensation before the Motor Accident Claims Tribunal in India for death or injury in a road accident, mainly from the vehicle's insurer. Claimants sign the petition and affidavits before an Australian notary with a DFAT apostille. Where the deceased earned in Australia, properly proved income can substantially increase the award. File within six months of the accident.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Law
- Motor Vehicles Act 1988, as amended in 2019
- Forum
- Motor Accident Claims Tribunal (MACT)
Accident Compensation Claims from Australia: how it works
We obtain the FIR, post-mortem or medical records and insurance details in India. Australian income must be proved with ATO notices of assessment, payment summaries, payslips and an employer letter, notarised and apostilled. Tribunals assess loss of dependency using income, future prospects, personal expenses and an age-based multiplier, and courts have accepted foreign income in this calculation.
Our usual choice for families in Australia is the tribunal for the place of the accident, since the police records and witnesses are there. Claimants in Australia may be examined by video where allowed, and a relative in India can depose about the accident itself. Insurers often make offers at Lok Adalat once evidence is in, and we advise whether an offer is fair against the likely award. The amount is deposited and released to the claimants, usually into NRO accounts, and then remitted to Australia.
What clients in Australia should know
- Obtain ATO notices of assessment and employer letters early; tribunals require documentary proof.
- Compensation for death or injury is not treated as income in India, but the interest component of an award is taxed.
- Australian travel insurance may cover some costs but does not replace the claim against the Indian insurer.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on Accident Compensation Claims, or see all services for clients in Australia and the Disputes & Enforcement practice area.
Questions from clients in Australia
We all live in Australia. Can we claim?
Yes. All legal heirs can claim, signing documents before a notary with a DFAT apostille.
Will the tribunal accept Australian income?
Yes, if properly proved; it is converted for the calculation.
What is the deadline?
Six months from the accident under the Motor Vehicles Act.