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CLAIMS TRIBUNALS
(SS. 165 TO 176)
QUESTION BANK
Q.1. Discuss provisions relating to the ‘Claims Tribunals’.
Q.2. Discuss provisions relating to an application for compensation.
Q.3. Discuss provisions relating to procedure, power, and award of Claims
Tribunal.
SHORT NOTES
- Claims Tribunal.
- Award of Claims Tribunal.
SYNOPSIS
- SETTING OF ‘CLAIMS TRIBUNALS’ (S. 165)-
Constitution of Claims Tribunals and qualification of members[1] (S. 165 (2)-
- APPLICATION FOR COMPENSATION (S. 166)-
- a) Persons who can apply for compensation-
- b) Which Tribunal can hear the application? / Jurisdiction of Tribunal-
3) OPTION REGARDING CLAIMING COMPENSATION (S. 167)-
4) PROCEDURE, POWER, AND AWARD OF THE CLAIMS TRIBUNAL (Ss. 168, 169, 170)-
- a) Procedure of Claims Tribunal (S. 168 and 169)-
- b) Award of Claims Tribunal (Ss. 168, 171, 172)-
The Motor Vehicle Act created a new forum, ‘Motor Accident Claims Tribunals’, which is, for brevity, known as ‘Clams Tribunal.’ The Act barred the jurisdiction of Civil Courts from hearing accident claims.
1. SETTING OF ‘CLAIMS TRIBUNALS[2]’ (S. 165)-
- 165 lays down that for the purpose of adjudication upon claims for compensation of death or injury to a third person or damage to property arising out of the use of motor vehicles, the State Government may constitute a Claims Tribunal for the area. Claim for compensation includes claims under S. 140 and S. 163 (A) of the Act.
Constitution of Claims Tribunals and qualification of members[3] (S. 165 (2))-
A Claims Tribunal shall consist of members the State Government may think fit to appoint, and where it consists of two or more members, one shall be appointed as a Chairman thereof. The section further lays down the qualifications required of a person to be appointed as a member. It provides that a member must be
(a) a Judge of a High Court, or
(b) a District Judge, or
(c) is qualified for appointment as a High Court Judge.
Where there are two or more Claims Tribunals constituted for any specific area, the State Government may, by order, regulate the distribution of business among them.
2. APPLICATION FOR COMPENSATION[4] (S. 166)-
The section provides for the form of application for compensation and the persons who may claim compensation-
a) Persons who can apply for compensation-
According to the section, an application for compensation arising out of an accident may be made-
(i) by the person who has sustained the injury, or
(ii) by the owner of the property, or
(iii) where death has resulted from the accident by all or any of the legal representatives of the deceased or
(iv) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, but if all the legal representatives of the deceased have not joined as applications, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representative who have not so joined, shall be impleaded as respondents to the application.
Thus, this part mentions the person who can apply for compensation.
b) Which Tribunal can hear the application? / Jurisdiction of Tribunal[5]–
Every application for compensation shall be made at the option of the claimant-
(i) either to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or
(ii) to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides, or carries on business, or
(iii) within the limits of whose jurisdiction the defendant resides.
The application shall be in such form and contain such particulars as may be prescribed. If applicants have not made a claim under S. 140 along with the application under this section, the application must contain a separate statement to that effect.
The Claims Tribunal may treat a report of an accident by police under S. 158 (6) as an application for compensation.
3) OPTION REGARDING CLAIMING COMPENSATION[6] (S. 167)-
Where death or bodily injury to any person gives rise to a claim for compensation under this Act and also under the Workmen’s Compensation Act, 1923, the person entitled to compensation may claim compensation under either of these two Acts and not under both.
Thus, the section directs the application to elect between the abovementioned remedies if he can claim either the provisions of the Motor Vehicle Act or the Workmen’s Compensation Act.
4) PROCEDURE, POWER, AND AWARD OF THE CLAIMS TRIBUNAL[7] (Ss. 168, 169, 170)-
a) Procedure of Claims Tribunal (S. 168 and 169)-
On receipt of an application for compensation (made under S. 166), the Claim Tribunal shall-
(i) after giving notice of the application to the insurer, and
(ii) after giving the parties (including the insurer) an opportunity to be heard,
(iii) hold an inquiry into the claim-
(a) in holding an inquiry, the Tribunal may follow the rules made or such summary procedure as it thinks fit.
(b) for holding an inquiry, the Claims Tribunal shall have all the powers of the Civil Court.
(c) for adjudication, the Tribunal may choose one or more experts to assist it in holding an inquiry.
(iv) where in the course of any inquiry, the Claims Tribunal is satisfied that-
(a) there is collusion between the person making a claim and against the person whom the claim is made; or
(b) the person against whom the claim is made has failed to contest the claim; it may, for the reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim shall be impleaded as a party to the proceeding. The insurer then can contest the claim on all or any of the grounds available to the person against whom the claim has been made (S. 170).
b) Award of Claims Tribunal (Ss. 168, 171, 172)-
After the inquiry is completed, the Claims Tribunal makes an award and determines the amount of compensation that appears to be just. It further specifies the persons to whom compensation is to be paid and the persons by whom the compensation is to be paid, i.e., the insurer, owner, or driver of the vehicle, or by all or any of them.
The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and, in any case, within fifteen days from the date of the award.
When an award is made, the person required to pay any amount in terms of the award shall deposit the entire amount awarded in such a manner as the Tribunal may direct within thirty days from the date of the announcement.
The Tribunal may direct that simple interest be paid in addition to the amount of compensation at such rate and from such date (not before applying) as it thinks fit (S. 171).
The Tribunal may award compensatory costs where it is found that there is misrepresentation in the case or defence or the claim or defence is vexatious (S. 172).
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[1] अपघात न्यायाधिकरण ची घडण व सदस्यांची पात्रता [ दुर्घटना न्यायाधिकरण का गठन और सदस्यों की योग्यता]
[2] मोटार अपघात न्यायाधिकरण / अपघात न्यायाधिकरण ची स्थापना [मोटर दुर्घटना न्यायाधिकरण की स्थापना]
[3] अपघात न्यायाधिकरण ची घडण व सदस्यांची पात्रता [ दुर्घटना न्यायाधिकरण का गठन और सदस्यों की योग्यता]
[4] नुकसाण भरपाईसाठी अर्ज [ मुआवजे के लिए आवेदन]
[5] न्यायाधिकरणाचे अधिकार क्षेत्र [ ट्रिब्यूनल का अधिकार क्षेत्र]
[6] नुकसाण भरपाई मागतानाची निवड [ हर्जाना मांगने का विकल्प]
[7] अपघात न्यायाधिकरण ची प्रक्रीया अधिकार व निवाडा [ दुर्घटना न्यायाधिकरण की प्रक्रिया, शक्तियां और निर्णय]