Claims Tribunal in Rajasthan

Q: What is the definition of "Claims Tribunal" according to Rule 10.1?

"Claims Tribunal" means a Motor Accident Claims Tribunal constituted under Section 165 of the Act.

Q: What documents must be appended to an application for compensation under Rule 10.2 in Rajasthan?

The documents that must be appended to an application for compensation are:

• 1. A Medical Certificate in Form R.S. 10.2 or, in the case of death, a Post Mortem Report or Death Certificate.
• 2. A First Information Report related to the accident.
• 3. A certificate regarding the ownership and insurance particulars of the vehicle involved in the accident from the Registering Authority or the Police.

Q: How should an application for compensation under Section 140 of the Act be filed according to Rule 10.3 in Rajasthan?

An application for compensation under Section 140 of the Act should be filed in triplicate before the Claims Tribunal and must be signed by the applicant. The following documents should be appended:

• 1. Panchnama of the accident.
• 2. First Information Report.
• 3. Medical Certificate in Form R.S. 10.2 or, in the case of death, a Post Mortem Report or Death Certificate.
• 4. A certificate regarding ownership and insurance particulars of the vehicle involved in the accident from the Registering Authority or the Police.

Q: What is the purpose of Rule 10.4 regarding passport size photographs?

Rule 10.4 requires the applicant to produce a passport size photograph, which must be attested by an advocate. The photograph should either be affixed to or fastened to the original application as directed by the Claims Tribunal.

Q: What is the fee required for an application for compensation according to Rule 10.5 in Rajasthan?

Every application for compensation must be accompanied by a fee of Rs. 10/- in the form of Court Fee Stamps. The Claims Tribunal may exempt a party from this fee at its discretion, but if a claim is accepted, the fee exemption must be paid before obtaining a copy of the judgment.

Q: What action may the Claims Tribunal take if an application is not dismissed under Rule 10.7?

If the application is not dismissed, the Claims Tribunal shall send a copy of the application and a notice of the date on which it will be disposed of to the owner or driver of the vehicle, and the insurer. The parties will be called upon to produce any evidence they wish to tender on the specified date. If the claim is under Section 140 of the Act, the Tribunal will direct the owner and insurer to appear within fifteen days from the date of issue of the notice.

Q: How does Rule 10.14 regulate the Claims Tribunal's ability to inspect the accident site in Rajasthan?

Rule 10.14 allows the Claims Tribunal to visit the site where the accident occurred for a local inspection or to examine relevant individuals. Any party to the proceedings or their representative may accompany the Tribunal during the inspection. The Tribunal must note the observations in a memorandum, which forms part of the record and can be provided to any party upon request.

Q: What is the procedure for summoning witnesses as per Rule 10.17?

If a party requests the summoning of witnesses, the Claims Tribunal will issue summons for their appearance upon payment of any necessary expenses, unless it deems their appearance unnecessary for a just decision of the case.

Q: How should the evidence be recorded during proceedings according to Rule 10.19 in Rajasthan?

The Claims Tribunal should make a brief memorandum of the substance of each witness’s evidence as the examination proceeds. This memorandum must be written and signed by the members of the Tribunal. If a member or the Chairman cannot make the memorandum, it should be recorded from dictation and signed, and the evidence of any medical witness should be recorded as verbatim as possible.

Q: What procedure must the Claims Tribunal follow if it needs to adjourn a hearing according to Rule 10.20?

If the Claims Tribunal finds that an application cannot be disposed of at one hearing, it must record the reasons for the adjournment and inform the parties present of the new date for the hearing.

Q: Under Rule 10.21, what is the purpose of co-opting persons with technical or special knowledge during an enquiry?

The Claims Tribunal may co-opt up to two persons with technical or special knowledge to assist in adjudicating claims for compensation (excluding claims under Section 140 of the Act). These experts perform functions as directed by the Tribunal, and their remuneration is determined by the Tribunal.

Q: How should the Claims Tribunal record its findings and compensation award according to Rule 10.22 in Rajasthan?

The Claims Tribunal must record concisely in a judgment the findings on each issue framed and the reasons for those findings. It should make an award specifying the amount of compensation to be paid by the insurers and to whom it should be paid. If compensation is awarded to multiple persons, the Tribunal must specify the amount payable to each. For lump sum amounts payable to individuals under legal disability or women, the Tribunal may direct how the sum is to be managed or paid to ensure the welfare of the individual or their dependents.

Q: What documents are considered by the Claims Tribunal when awarding compensation under Section 140 as per Rule 10.24 in Rajasthan?

When awarding compensation under Section 140, the Claims Tribunal considers:

• 1. The Registration Certificate of the vehicle involved or a certificate of ownership.
• 2. The Insurance Certificate or policy relating to third-party risk.
• 3. Panchnama and First Information Report.
• 4. Post mortem report or Death Certificate, or a certificate of injury.
• 5. The nature of treatment given by the Medical Officer.
• 6. Any other documents produced or obtained by the Tribunal.

Q: What is the compensation amount specified for death and permanent disablement under Rule 10.24?

Under Rule 10.24, the compensation amount specified is twenty-five thousand rupees for death and twelve thousand rupees for permanent disablement. The Tribunal directs the insurer or owner of the vehicle to pay this amount within two weeks from the date of the order.

Q: How does Rule 10.25 address the disbursement of compensation in cases of death?

If identifying and fixing the legal heirs of the deceased is expected to take time, the Claims Tribunal may require the awarded compensation to be deposited with the Tribunal. The Tribunal will then proceed with identifying the legal heirs and decide on the payment distribution.

Q: What is the process for obtaining a receipt for compensation as outlined in Rule 10.26 in Rajasthan?

Upon payment of compensation, a receipt must be obtained by the Claims Tribunal. This receipt is then forwarded to the insurer or the vehicle owner for record-keeping purposes.

Q: What powers of a Civil Court can a Claims Tribunal exercise according to Rule 10.27 in Rajasthan?

The Claims Tribunal can exercise various powers vested in a Civil Court under the Code of Civil Procedure, 1908, including but not limited to:

• 1. Sections 30, 32, 34, 35, 76, 77, and others.
• 2. Additionally, the Tribunal may exercise any other necessary powers of a Civil Court to discharge its functions under the Act and these rules.

Q: What provisions of the Code of Civil Procedure, 1908, apply to the proceedings before the Claims Tribunal according to Rule 10.28?

The Claims Tribunal proceedings are governed by several provisions of the Code of Civil Procedure, 1908, including sections and orders related to the procedure and conduct of cases, such as Orders V, VI, IX, XI, XII, and others. Where the Act or these rules do not provide sufficient guidance, the relevant provisions of the Code of Civil Procedure apply.

Q: What is the procedure for appeals against the award of the Claims Tribunal as described in Rule 10.31?

Appeals against the Claims Tribunal's award must be in the form of a memorandum signed by the appellant or an authorized advocate, presented to the High Court or its appointed officer. The memorandum must include a copy of the award and state the grounds of objection concisely. The provisions of Order XXI and Order XLI of the Code of Civil Procedure, 1908, apply to these appeals.

Q: How long must records of claims cases be preserved, according to Rule 10.32 in Rajasthan?

Records of claims cases disposed of by the Claims Tribunal must be preserved for five years. If a claimant does not come forward within a year of the award, the records will be preserved for five years from the date of the award, and the unclaimed amount will be transferred to the treasury. For cases involving women or legally disabled persons, records are preserved until the end of the five-year period.

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