Claims Tribunal

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CHAPTER XIICLAIMS TRIBUNALS

165. Claims Tribunals. (1) A StateGovernment may, by notification in theOfficial Gazette, constitute one or more

Motor Accidents Claims Tribunals(hereafter in this Chapter referred to asClaim Tribunal) for such area as may bespecified in the notification for the

purpose of adjudicating upon claims forcompensation in respect of accidentsinvolving the death of, or bodily injuryto, persons arising out of the use ofmotor vehicles, or damages


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(2) A Claims Tribunal shall consist ofsuch number of members as the StateGovernment may think fit to appoint and

where it consists of two or moremembers, one of them shall beappointed as the Chairman thereof.

(3) A person shall not be qualified forappointment as a member of a ClaimsTribunal unless he

(a) is, or has been, a Judge of a High

Court, or


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166. Application forcompensation

(1) An application for compensationarising out of an accident of the naturespecified 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


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[(2) Every application under sub -section (1) shall be made, at the optionof the claimant, either to the Claims

Tribunal having jurisdiction over the areain which the accident occurred or to theClaims Tribunal within the local limits ofwhose jurisdiction the claimant resides,

or carries on business or within the locallimits of whose jurisdiction thedefendant resides and shall be in suchform and contain such particulars asmay be prescribed


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[(4) The Claims Tribunal shall treat anyreport of accidents forwarded to it undersub-section (6) of section 158 as an

application for compensation under thisAct.]

Sec 158 Production of certain

certificates, license and permit in certaincases.


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.claims for compensation

in certain cases. Notwithstanding anything contained inthe Workmens Compensation Act, 1923(8 of 1923) where the death of, or bodily

injury to, any person gives rise to aclaim for compensation under this Actand also under the WorkmensCompensation Act, 1923, the person

entitled to compensation may withoutprejudice to the provisions of Chapter Xclaim such compensation under either ofthose Acts but not under both.


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168. Award of the ClaimsTribunal

(1) On receipt of an application forcompensation made under section 166,the Claims Tribunal shall, after giving

notice of the application to the insurerand after giving the parties (includingthe insurer) an opportunity of beingheard, hold an inquiry into the claim or,

as the case may be, each of the claimsand, subject to the provisions of section162 may make an award determiningthe amount of compensation whichappears to it to be just and specifying


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Provided that where such applicationmakes a claim for compensation undersection 140 in respect of the death or

permanent disablement of any person,such claim and any other claim (whethermade in such application or otherwise)for compensation in respect of such

death or permanent disablement shallbe disposed of in accordance with theprovisions of Chapter X.


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(2) The Claim Tribunal shall arrange todeliver copies of the award to the partiesconcerned expeditiously and in any case

within a period of fifteen days from thedate of the award.

(3) When an award is made under thissection, the person who is required topay any amount in terms of such awardshall, within thirty days of the date ofannouncing the award by the Claims

Tribunal, deposit the entire amount


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.powers of Claims

Tribunals. (1) In holding any inquiry under section168, the Claims Tribunal may, subject toany rules that may be made in this

behalf, follow such summary proceduresas it thinks fit.

(2) The Claims Tribunal shall have all thepowers of a Civil Court for the purpose oftaking evidence on oath and of enforcingthe attendance of witnesses and ofcompelling the discovery and production

of documents and material objects and


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(3) Subject to any rules that may bemade in this behalf, the Claims Tribunalmay, for the purpose of adjudicating

upon any claim for compensation,choose one or more persons possessingspecial knowledge of any matterrelevant to the inquiry to assist it in

holding the inquiry.


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170. Impleading insurerin certain cases.

Where in the course of any inquiry, theClaims Tribunal is satisfied that -

(a) there is collusion between the person

making the claim and the person againstwhom the claim is made, or

(b) the persons against whom the claim

is made has failed to contest the claim,it may, for reasons to be recorded inwriting, direct that the insurer who maybe liable in respect of such claim, shall

be impleaded as a party to the


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.compensatory costs in

certain cases (1) Any Claims Tribunal adjudicatingupon any claim for compensation underthis Act, may in any case where it is

satisfied for reasons to be recorded by itin writing that -

(a) the policy of insurance is void on theground that it was obtained byrepresentation of fact which was false inany material particular, or

(b) any party or insurer has put forward

a false or vexatious claim or defence


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(2) No Claims Tribunal Shall pass anorder for special costs under subsection(1) for any amount exceeding one

thousand rupees. (3) No person or insurer against whom

an order has been made under thissection shall, by reason thereof beexempted from any criminal liability inrespect of such mis-representation,claim or defence as is referred to in sub-

section (1).


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173. Appeals.

(1) Subject to the provisions of sub-section (2), any person aggrieved by anaward of a Claims Tribunal may, within

ninety days from the date of the award,prefer an appeal to the High Court :

Provided that no appeal by the personwho is required to pay any amount interms of such award shall be entertainedby the High Court, unless he hasdeposited with it twenty-five thousand

rupees of fifty per cent, of the amount so


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.from insurer as arrear of

land revenue. Where any amount is due from anyperson under an award, the Claim

Tribunal may, on an application made to

it by the person entitled to the amount,issue a certificate for the amount to theCollector and the Collector shall proceedto recover the same in the same manner

as an arrear of land revenue.


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175. Bar on jurisdictionof Civil Courts.

Where any Claims Tribunal has beenconstituted for any area, no Civil Courtshall have jurisdiction to entertain any

question relating to any claim forcompensation which may be adjudicatedupon by the Claim Tribunal for that area,and no injunction in respect of any

action taken or to be taken by or beforethe Claims Tribunal in respect of theclaim for compensation shall be grantedby the Civil Court.


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.Government to make

rules.A State Government may make rules for the purpose ofcarrying into effect the provisions of sections 165 to 174,and in particular, such rules may provide for all or any ofthe following matters, namely :-

(a) the form of application for claims for compensation andthe particulars it may contain, and the fees, if any, to bepaid in respect of such applications;

(b) the procedure to be followed by a Claims Tribunal inholding an inquiry under this Chapter;

(c) the powers vested in a Civil Court which may beexercised by a Claims Tribunal;

(d) the form and the manner in which and the fees (if any)on payment of which an appeal may be preferred against

an award of a Claims Tribunal;

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Claims Tribunal