MOTOR ACCIDENTS CLAIMS TRIBUNAL IN HARYANA
Application for Claims for Compensation in Haryana[Section 165 and 176]
According to Section 165 and 176 in Haryana every application for claims of compensation to be made under section 166 shall be in Form HR No. 48.
Examination of Applicant [Section 168(1) and 176]
On receipt of an application for claims of compensation, the Claims Tribunal may examine the applicant on oath and the substance of such examination, if any, shall be reduced to writing. When the application is time-barred as per provisions of sub-section (3) of section 166, the Claims Tribunal may ask the applicant to give reasons for condonation of delay in writing, and if there is no sufficient cause, it may be dismissed without calling upon the applicant to appear.
Summary Dismissal of Application [Sections 169 and 176]
The Claims Tribunal may, after considering the application and the statement, if any, of the applicant recorded under rule 204, dismiss the application summarily if for reasons to be recorded, it is of the opinion that there are no sufficient grounds for proceeding therewith.
Notice to Parties Involved [Sections 169 and 176(b)]
If the application is not dismissed under rule 205, the Claims Tribunal shall send to the owner of the motor vehicle involved in the accident and its insurer a copy of the application together with a notice of the date on which it will hear the application and may call upon the parties to produce on the date any evidence which they may wish to tender.
Appearance and Examination of the Parties in Haryana[Sections 169 and 176(b)]
(1) The owner of the motor vehicle and the insurer may, and if so required by the Claims Tribunal, shall, at or before the first hearing or within such further time as the Claims Tribunal may allow, file a written statement dealing with the claim raised in the application and any such written statement shall form part of the record.
(2) If the owner of the insurer contests, the Claims Tribunal may, and if no written statement has been filed, shall proceed to examine the owner and the insurer upon the claim and shall reduce the substance of the examination to writing.
Summoning of Witness [Sections 169 and 176(b)]
If any application is presented by any party to the proceedings for the summoning of a witness, the Claims Tribunal shall, on payment of the expenses involved, if any, issue summons for the appearance of such witness, unless it considers that their appearance is not necessary for a just decision of the case.
Appearance of Legal Practitioner [Sections 169 and 176(b)]
The Claims Tribunal may, in its discretion, allow any party to appear before it through a legal practitioner.
Local Inspection [Sections 169 and 176(b)]
(1) The Claims Tribunal may, at any time during the course of any proceedings before it, visit the site at which the accident occurred for the purpose of making a local inspection or examination of any person likely to be able to give information relevant to the enquiry.
(2) Any party to a proceeding or the representative of any such party may accompany the Claims Tribunal for local inspection.
(3) The Claims Tribunal, after making a local inspection, shall note briefly in a memorandum the facts observed and such memorandum shall form part of the record of the proceedings.
(4) The memorandum referred to in sub-rule (3) may be shown to any party to the proceedings who desires to see it and a copy thereof may on application be supplied to any such party, at the rate of rupees two per page.
Inspection of Vehicles in Haryana[Sections 169 and 176(b)]
The Claims Tribunal may, if it thinks fit, require the motor vehicle involved in the accident to be produced by the owner for inspection at a particular time and place to be mentioned by it, if necessary, in consultation with the owner.
Powers of Summary Examination [Sections 169 and 176(b)]
(1) The Claims Tribunal may, during a local inspection or at any other time save at a formal hearing of a case pending before it, examine summarily any person likely to be able to give information relating to such case, whether such person has been or is to be called as a witness in the case or not and whether any or all of the parties are present or not.
(2) No oath shall be administered to a person to be examined under sub-rule (1).
Method of Recording Evidence [Sections 169 and 176(b)]
The Claims Tribunal shall on examination of a witness proceed to make a brief memorandum of the substance of the evidence of each witness and such memorandum shall be written and signed by the members of the Claims Tribunal and shall form part of the record. Provided that the evidence of any medical witness shall be taken down as nearly as may be word for word.
Adjournment of Hearing [Sections 169 and 176(b)]
If the Claims Tribunal finds that an application cannot be disposed of at one hearing, it shall record the reason which necessitates the adjournment and also inform the parties present of the date of adjournment of hearing.
Co-opting of Persons During Inquiry in Haryana[Sections 169 and 176(b)]
The Claims Tribunal may, if it thinks fit, co-opt one or more persons possessing special knowledge with respect to any matter relevant to the enquiry.
Framing of Issues [Sections 169 and 176(b)]
After considering any written statement, the evidence of the witnesses examined, and the result of any local inspection, the Claims Tribunal shall proceed to frame and record the issues upon which the right decision.
Determination of Issues [Sections 169 and 176(b)]
After framing the issues, the Claims Tribunal shall proceed to record evidence thereon which each party may desire to produce.
Diary [Sections 169 and 176(b)]
The Claims Tribunal shall maintain a diary of the proceeding on an application.
Judgment and Award of Compensation [Sections 169 and 176(b)]
(1) The Claims Tribunal in passing an order, shall record concisely in a judgment the findings on each of the issues framed and the reasons for such findings and make an award specifying the amount of compensation to be paid by the insurer and also the person to whom compensation shall be paid.
(2) Where compensation is awarded to two or more persons, the Claims Tribunal shall also specify the amount payable to each of them.
The Code of Civil Procedure to Apply in Certain Cases [Sections 169 and 176(b)]
The following provisions of the First Schedule to the Code of Civil Procedure, 1908, shall so far as may be, apply to proceedings before the Claims Tribunal, namely: Order V, Rules 9 to 13 and 15 to 30; Order IX; Order XIII, Rules 3 to 10; Order XVI, Rules 2 to 21; Order XVII; Order XXI; and Order XXIII, Rules 1 to 3.
Form and Manner of Appeals Against the Award of Claims Tribunal [Sections 173 and 176(c)]
An appeal against the award of a Claims Tribunal shall be preferred in the form of a memorandum stating concisely the grounds on which the appeal is preferred. It shall be accompanied by a copy of the judgment and the award appealed against.
Fees in Haryana[Section 176(d)]
(1) No court fee stamps shall be leviable on an application under section 166 for payment of compensation.
(2) The amount of the court fee to be charged for inspecting the files shall be two rupees for the first hour and one rupee for every subsequent hour for each case.
(3) The carbon copies of the evidences shall be given to the parties concerned, if asked for, on payment of court fee stamps of rupees two per page and application for obtaining such copies shall bear court fee stamp of rupees five.
(4) An amount of rupees two per page shall be charged in the form of court fee stamps for obtaining an attested copy of the award or final order or an intermediate order of any documents filed with the Claims Tribunal.
Powers of Claims Tribunal [Section 176(c)]
In endorsing the orders, the Claims Tribunal shall have all the powers in regard to contempts, residence and the like which a Civil Court may exercise in the execution of a decree.
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