CLAIMS TRIBUNALS IN DELHI

Q: What is the application process for payment of compensation under Section 166?


According to the Section 166 Every application for payment of compensation under Section 166 must be made using Form CTC.


Q: What is the procedure to be followed by the Claims Tribunal upon receiving an application in Delhi?


  1. 1. Examination of Applicant: The Claims Tribunal may examine the applicant on oath, and the substance of this examination will be reduced to writing.
  2. 2. Summary Dismissal of Application: The Claims Tribunal may dismiss the application summarily if it finds insufficient grounds, and reasons for dismissal will be recorded.
  3. 3. Notice to the Parties: If not dismissed, the Claims Tribunal will send a copy of the application and a hearing notice to the motor vehicle owner and its insurer. They may be asked to produce evidence.
  4. 4. Appearance and Examination of Parties: The vehicle owner and insurer may file written statements or be examined if they contest the claim. Any examination will be recorded.
  5. 5. Summoning of Witnesses: The Claims Tribunal will issue summons for witnesses upon application and payment of expenses, unless their appearance is deemed unnecessary.
  6. 6. Appearance of Legal Practitioner: A party may be allowed to appear through a legal practitioner at the Tribunal's discretion.
  7. 7. Local Inspection: The Tribunal may visit the accident site or examine individuals relevant to the proceedings. A memorandum of observations will be part of the record and may be shown to parties upon request.
  8. 8. Inspection of the Vehicle: The Tribunal may require the vehicle involved in the accident to be produced for inspection.
  9. 9. Power of Summary Examination: The Tribunal may examine persons who may provide information relevant to the case, without administering an oath.
  10. 10. Method of Recording Evidence: A brief memorandum of evidence will be recorded by the Tribunal, with medical evidence taken as nearly word-for-word as possible.
  11. 11. Adjournment of Hearing: If necessary, the Tribunal will record reasons for adjournment and inform the parties.
  12. 12. Co-opting of Persons: The Tribunal may co-opt individuals with special knowledge for assistance, with remuneration determined by the Tribunal.
  13. 13. Framing of Issues: After recording evidence and inspecting, the Tribunal will frame and record issues crucial for the case decision.
  14. 14. Determination of Issues: The Tribunal will record evidence on each framed issue produced by the parties.
  15. 15. Diary: The Tribunal will maintain a brief diary of the proceedings.
  16. 16. Judgment and Award of Compensation: The Tribunal will issue a judgment with findings on each issue and an award specifying compensation amounts and recipients.


Q: What powers of the civil court are vested in the Claims Tribunal in Delhi?


The Claims Tribunal exercises powers similar to those of a civil court as specified in the following provisions of the first schedule to the Code of Civil Procedure, 1908:
  • 1. Order V, Rules 9 to 13 and 15 to 39;
  • 2. Order IX;
  • 3. Order XIII, Rules 3 to 10;
  • 4. Order XVI, Rules 2 to 21;
  • 5. Order XVII;
  • 6. Order XXIII, Rules 1 to 3.


Q: How can one appeal against the award of the Claims Tribunal?


To appeal against the award of the Claims Tribunal:
  1. 1. File a memorandum stating concisely the grounds on which the appeal is preferred.
  2. 2. Include a copy of the judgment and the award appealed against.
  3. 3. Accompany the appeal with a fee of one hundred rupees in the form of court fee stamp(s).



You can also learn about :

MISCELLANEOUS



Our other famous blogs are :

Insurance of Motor Vehicle Against Third Party Risks | Eligibility criteria driving licence | Control of Transport Vehicle | Control of Traffic

Call Now E-Mail WhatsApp