CHAPTER XII
CLAIMS TRIBUNALS
section 165, section 166, section 167 and section 168
165. Claims tribunals,- (1)
A State Government may, by notification in the Official Gazette, constitute one or more Motor
Accidents Claims Tribunals (hereinafter in this Chapter referred to as Claims
Tribunal) for such area as my be
specified in the notification for the purpose of adjudicating upon claims for
compensation in respect of accidents involving death of, or bodily injury to,
persons arising out of the use of motor vehicles, or damages to any property of
a third party so arising, or both.
Explanation:- For the removal of
doubts, it is hereby declared that the expression “claims or compensation in
respect of accidents involving the death of, bodily injury to persons arising out of the use of motor
vehicles includes claims for compensation under section 140 and section 163-A.
(2) A claims tribunal shall consist of such number of members as the State
Government may think fit to appoint and where it consists of two or more
members, one of them shall be appointed as the Chairman thereof.
(3) A person shall not be qualified for the appointment as a member of
the Claims Tribunal unless he-
(a) is or has been, a judge of a High
Court, or
(b) is or has been a
District Judge, or
© is qualified for appointment as
a Judge of the High Court or as a District Judge.
(4) Where two or more Claims
Tribunals are constituted for any area, the State Government, may, by general
of special order, regulate the business among them.
166. Applications for compensation,- (1) An application for compensation arising
out of an accident of the nature specified in sub-section (1) of section 165
may be made-
(a) by a person who has sustained the injury;
or
(b) by the owner of the property; or
© where death has resulted from the accident,
by all any of the legal representative of the
deceased; or
(d) by any
agent duly authorized by the person injured or any of the legal representatives
of the deceased as the case may be:
Provided that where the legal representatives
have not joined in any application for compensation, the application shall be made
on behalf of or for the benefit of all the legal representatives of the
deceased, and the legal representatives who have not so joined, shall be
impleaded as respondents to the application.
(2) Every application under sub-section (1)
shall be made, at the option of the
claimant, either to the Claims Tribunal having jurisdiction above the area in
which the accident occurred or to the Claims
Tribunal within the local limits whose jurisdiction the claimant resides, and shall
be in such form and contain such particulars as may be prescribed:
Provided that where no claim or compensation under
section 140 is made in such application, the application shall contain a separate
statement to that effect immediately before the signature of the applicant.
(3) (Omitted)
(4) The Claims Tribunal shall treat any
report of accidents forwarded to it under sub-section (6) of section 158 as an
application for compensation under this Act.
167. Option regarding claims in certain cases,- Notwithstanding anything contained in the Workmen’s
Compensation Act, 1923 ( 8 of 1923) where the death of or bodily injury to, any
person gives rise to a claim for compensation under this Act and also for
compensation under Workmen’s Act, 1923 the
person entitled to compensation may without the prejudice to the provision of
Chapter X claim such compensation under either of those Acts but not under
both.
168. Award of the Claims Tribunal,- (1) On receipt of an application for
compensation made under section 166, the Claims Tribunal shall, after giving notice
of application to the insurers and after giving the parties (including the
insurer) an opportunity of being heard, hold an inquiry into the claims, and
subject to the provisions of section 162 may make an award determining the amount
of compensation which appear to it to be
just and specifying the person or persons to whom compensation shall be pade
and in making the award the Claims Tribunal shall specify the amount which
shall be paid by the insurer or owner or driver of the vehicle involved in the accident
or by all or any of them, as the case may be.
(2) The claims Tribunal shall arrange to deliver copies of the award to
the parties concerned expeditiously and in any case within a period of fifteen days
from the date of the award.
(3) When the award is made under this
section, the person who is required to pay any amount in terms of such award
shall, within thirty days of announcing the award the Claims Tribunal, deposit
the entire amount awarded in such manner as the Claims Tribunal may direct
No comments:
Post a Comment
Ask your questions or add your valuable comments here.