Motor Vehicles Act, 1988 CHAPTER XII - CLAIMS TRIBUNALS section 172, section 173 and section 174 - Kerala R.T.O

CHAPTER XII

CLAIMS TRIBUNALS

section 172, section 173,  and section 174

172.  Award of compensatory costs in certain cases,- (1) Any claims Tribunal adjudicating upon any claim for compensation under this Act, may in any case where it is satisfied for reasons to be recorded in writing, that,-

    (a ) the policy of insurance is void on the ground that it was obtained by misrepresentation of fact  

           which was false in any  material particulars, or

   (b)  any party or insurer has put forward a false or vexatious claim or defense.

such Tribunal may make an order for the payment, by the party who is guilty of mis-representation or by whom such claim or defense has been put forward of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defense has been put forward.

  (2) No Claims Tribunal shall pass an order for special costs under sub-section (1) for any amount exceeding one thousand rupees.

(3)  No Claims Tribunal shall pass an order for special costs under this section shall, by reason thereof be exempted from any criminal liability in respect of such mis-representation,  claim or defense as is referred to in sub-section (1).

  (4) Any amount awarded by way of compensation under this section in respect of any mis-representation, claim of defense, shall be taken into account in any subsequent suit for damages for compensation in respect of such mis-representation, claim of defense.

173.  Appeals,-  (1) Subject to the  provisions of sub-section (2), any person aggrieved by an award 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 persons who is required to pay an amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty five thousand rupees or fifty percent of the amount so awarded whichever is less, in the manner directed by the High Court.

  Provided further that  the High Court may entertain the appeal after the expiry of  the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

  (2) No appeal shall lie against any award of a Claims Tribunal, if the amount in dispute in the appeal is less than ten thousand rupees.

  174.  Recovery of money from insurer as arrear of land revenue,-  Where any amount is due from any person under an award, the Claims Tribunal may, on an application to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue.