Motor Vehicles Act, 1988 CHAPTER XII - CLAIMS TRIBUNALS section 169, section 170 and section 171 - Kerala R.T.O

CHAPTER XII

CLAIMS TRIBUNALS

section 169, section 170,  and section 171

  169. Procedure and powers of Claims Tribunal,-  (1) Holding any inquiry under section 168, the Claims Tribunal, may, subject to any rules that may be made in this behalf, follow such summary proceedings as it thinks fit.

  (2) The  Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and Claims Tribunal shall be deemed to be a Civil Court for all the purposed of section 195 and Chapter XXVI of Code of Criminal Procedure, 1973 (2 of 1974).

  (3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist in holding the inquirey.

 170. Impleading insure in some cases,-  Where in the course of any inquiry, the Claims Tribunal is satisfied that-

  (a) there is collusion between the person making the claim and the person against whom the claim is  made, or

 (b) the person against whom the claim is made had failed to contest the claim,

It may, for reasons to be recorded in writing,  direct the  insurer who may be liable in respect of such claim,

It may, for reasons to be recorded in writing, direct that the insurer who may be liable in respcect o such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the provisions contained in sub-section (2) of section 149, the right to contest claim on all or any of the grounds that are available to the persons against whom the  claim has been made.

171.  Award of interest where any claim is allowed,-  Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direst that in addition to the amount of compensation simple interest shall also be paid at  such rate and from such date note earlier than the date of making the claim as it may specify in this behalf.