Limitation under Motor vehicles act

[areng...@eapl.biz]

Dear  Members

I have made an attempt to  analysis  the filing of accident claims, tribunal's constitution as well as limitation.  Members can go through the same and write me about feed back.  Some members requested to send the write up in  word fomat in addition to the posting as email.  

Kindly go through the same.






LIMITATION FOR FILING CLAIMS BEFORE CLAIMS TRIBUNAL IN RESPECT OF ANY ACCIDENT

Normally when an accident happens, an application for compensation arising on account of accident may be filed with Claims Tribunal as specified in Sub–Section (1) of Section 165 of Motor Vehicles Act, 1988.

Section 165 of Motor Vehicles Act, 1988 provides for setting up of Motor Accidents Claims Tribunal  (hereinafter called Claims Tribunal).  The State Governments may by notification constitute one or more Claims Tribunal for the purpose of adjudicating in respect of accidents involving death, bodily injuries to persons by the use of motor vehicles or damages to any property of a third party so arising or both.

These Claims Tribunals are alternative forums to settle the cases arising out of use of motor vehicles. Normally when a person approaches Civil Court for settling his claims, it takes many years to settle the same. Considering the long pendency in the civil court, the Government has provided alternative forum to settle the cases arising out of use of motor vehicles.  The Motor Vehicles claims Tribunals are similar to consumer forum to render speedy justice to the general public. Prior to constitution of Claims Tribunals, such compensation could be decreed by the Civil Court

Members of Claims Tribunals: The State Government decides such number of persons to constitute the Claims Tribunals.  Normally two or more members to form part of the Tribunals and one of them will be Chairman.  The members are only from the following categories.

is or has been a Judge of High Court or
is or has been a Judge of District Judge or
Is qualified for appointment as a Judge of a High Court or as a District Judge.

Application for compensation: An application for compensation arising out of an accident as mentioned under Sub section (1) of Section 165 may be filed by the following persons.

by the person who has sustained the injury or
 by the owner of the property
Where death has resulted in the accident, by all or any  of the legal representatives  of the deceased as the case may be
By any agent duly authorized by the person injured or all or any of the legal representatives.

Jurisdiction to file the application before Tribunals: Sub Section (2) of Section 166 provides that an application under Sub Section (1)  shall be made at the option of  the claimant with  any of the following:

Claim Tribunal having jurisdiction over the area in which  the accident occurred
Claim Tribunal within the local limits of whose jurisdiction the  claimant  resides or carries on business
Within the local limits of whose jurisdiction the defendant resides.


 Limitation for filing claiming before Tribunal in respect of any accident:   Sub Section (3) of Section 166 of the Motor Vehicles Act, 1988 has been omitted by the Motor Vehicles (Amendment) Act, 1988  which came in force  w.e.f.14-11-1994.  After the amendment, there is no time limitation for filing claims before tribunal in respect of any accident.   While passing the amendment, the parliament realized the grave injustice  being done to the heirs / injured / legal representatives of the victims who died in accident by rejecting their claim petition only on grounds of time limitation. Thus, now there is no time limitation for filing claims before tribunals.  Moreover, the Parliament thought that prescribing a period of limitation and restricting the power of Tribunal to entertain any claim petition beyond the period of twelve months from the date of accident was too harsh. (Ref.  Dhanapal vs D.P.Vijayvargiya  AIR  1996  SC 2155 )

According to Sub section (4) of Section 166 that the Claims Tribunal shall also treat any report of accidents forwarded to it under sub section (6) of Section 158 as an application for compensation under this Act.

Contents of Sub section (6) of Section 158 of the Act:   According to the sub section that as soon as any information regarding  death or bodily injury to any person is recorded, a report is to be  prepared  under this section, by a police officer.  The report will be forwarded by the officer in charge of the police station within 30 days to the Claims Tribunal.   Where a copy is made available to the owner of the vehicle, he shall also within thirty days of receipt of such report, forward the same to such Claims Tribunal and Insurer.

The report prepared under sub section (6) of Section 158 of the Motor Vehicles Act, 1988 will be treated as an application under the Act.


Conclusion:  The idea is to create awareness on the need to know that whenever an accident takes place, there is no time limit to file the case before Claims Tribunal.




 .
Regards

A. Rengarajan

[CS. Dattatri]

Dear Mr Rengarajan,

 

You have really brought a very good point into our knowledge "Thus, now there is no time limitation for filing claims before tribunals"
Thank you so much for a crisp note in this behalf!

 

Regards,

Dattatri

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From: csmy...@googlegroups.com [mailto:csmy...@googlegroups.com] On Behalf Of areng...@eapl.biz
Sent: Tuesday, 30 December, 2008 12:05 PM
To: csmy...@googlegroups.com; csch...@googlegroups.com
Subject: [CSMysore] Limitation under Motor vehicles act
Importance: High

[vivek]

Please add me sir. my email id is adv.vivek...@gmail.com