Section 165. Claims Tribunals

What is the purpose of Section 165 of the Motor Vehicles Act?

Section 165 empowers State Governments to establish Motor Accidents Claims Tribunals (Claims Tribunals) through official notification. These tribunals are designated to adjudicate claims for compensation arising from accidents involving death or bodily injury due to motor vehicle usage, as well as damages to third-party property.

How are Claims Tribunals structured according to Section 165?

Claims Tribunals are composed of members appointed by the State Government, with provisions for a Chairman if the tribunal comprises multiple members. Eligibility criteria for members include prior experience as a High Court Judge, District Judge, or qualifications equivalent to these judicial roles.

Who can apply for compensation under Section 166 of the Motor Vehicles Act?

Compensation applications for accidents specified in Section 165(1) can be filed by:

• The injured person.
• The owner of damaged property.
• Legal representatives of a deceased victim.
• Authorized agents acting on behalf of the injured person or legal representatives.

What does Section 167 of the Motor Vehicles Act entail?

Section 167 addresses scenarios where a person is eligible for compensation under both the Motor Vehicles Act and the Workmen's Compensation Act, 1923. It stipulates that the claimant can choose to claim compensation under either Act, but not under both.

How does Section 167 impact claims for compensation?

Section 167 allows the person entitled to compensation for death or bodily injury arising from an accident to select between the Motor Vehicles Act and the Workmen's Compensation Act for claiming compensation, ensuring they do not receive compensation under both Acts.

What is Section 168 of the Motor Vehicles Act about?

Section 168 of the Motor Vehicles Act pertains to the awarding of compensation by the Claims Tribunal.

What does Section 169 of the Motor Vehicles Act outline?

Section 169 of the Motor Vehicles Act delineates the procedures and powers of the Claims Tribunals.

How does the Claims Tribunal conduct inquiries under Section 169?

The Claims Tribunal has the discretion to adopt a summary procedure during inquiries conducted under Section 168, as deemed appropriate.

What powers does the Claims Tribunal possess during its proceedings?

The Claims Tribunal holds the powers of a Civil Court, enabling it to administer oaths, summon witnesses, compel document production, and fulfill other investigative needs as specified. It is also considered a Civil Court under Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

Can the Claims Tribunal seek expert assistance?

Yes, the Claims Tribunal can engage one or more individuals with specialized knowledge relevant to a compensation claim inquiry, subject to applicable rules.

How does the Claims Tribunal enforce its awards?

The Claims Tribunal possesses the same enforcement powers as a Civil Court under the Code of Civil Procedure, 1908, treating its awards akin to decrees for monetary payment in civil suits.

What does Section 170 of the Motor Vehicles Act address?

Section 170 of the Motor Vehicles Act deals with the impleading of insurers in certain cases during proceedings before the Claims Tribunal.

When can the Claims Tribunal direct the impleading of an insurer?

The Claims Tribunal may direct the impleading of an insurer if it finds evidence of collusion between the claimant and the opposing party, or if the opposing party fails to contest the claim.

What rights does an insurer have upon being impleaded in the proceedings?

Once impleaded, the insurer gains the right to contest the claim on any grounds available to the original party against whom the claim is made, as per the reasons recorded in writing by the Claims Tribunal.

How does impleading an insurer affect the proceedings?

Impleading an insurer ensures that all parties potentially liable for the claim are involved in the legal process, allowing for a comprehensive adjudication of the matter.

What is the significance of reasons being recorded in writing for impleading an insurer?

Recording reasons in writing ensures transparency and accountability in the decision-making process of the Claims Tribunal regarding the impleading of insurers in proceedings.

You can also learn about :

Claims Tribunals Section 170 to 176

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Motor Vehicle Act - Preliminary | Motor Vehicle Act - Special Provisions Relating to State Transport Undertakings | Motor Vehicle Act - Claims Tribunals | Motor Vehicle Act - Liability Without Fault in Certain Cases