Motor Accident Claim Tribunal

 Originally compensation /claims for health for death or injuries arising out of motor accidents could be obtained only by filing suits in the civil courts which was not only long drawn out and expensive but also a cumbersome procedure. Claimants were put to a great deal of inconvenience because of the long time taken in deciding compensation claims. In addition, the victim or injured party also had to pay court fees. The accidented person or his/her heirs hit by motor vehicles often found it difficult to arrange for court fees and expenses connected with the prosecution of the case. To avoid this glaring injustice, by Section 165, a provision was made in the Motor Vehicle Act for setting up a Motor Accidents Claims Tribunal which substituted for the tardy procedure of civil courts. It provides expeditious and summary procedure to be adopted by the Claims Tribunal. The main purpose of the setting up of the Tribunal was to liberate it from procedural shackles of civil courts and to award compensation, which appeared just to the Tribunal, within a time frame and in an inexpensive way.

   Under the Act more than one claims Tribunal can be set up and their territorial jurisdiction is specified by notification constituting the Tribunals. If two or more Claims Tribunals are constituted for one area of a state, just as in metropolitan cities, the state government regulates distribution of cases among them.

      The Claims Tribunal consists of such member or members as the government find desirable. One of the members is the Chairman of the Tribunal. Generally the Chairman is a retired judge of a High Court or a District judge or a person qualified for appointment as judge of the High Court. The claims Tribunal is a court subordinate to the High Court and the High Court can transfer cases from one Tribunal to another in the same state. Appeal from the Awards of the Claims Tribunal can be preferred to the High Court and revision under Section 115 of the Civil Procedure Code against the order lies to the High Court only. The jurisdiction of the Claims Tribunal is restricted only  to the claims which arise out of the use of a motor vehicle as defined in the Act and the basis of the claim would be an accident arising out of the use of motor vehicle. The vehicle should be mechanically propelled and the accident should be the result of such use or misuse.

        The claim Tribunal can and does entertain claims of the following kind:

     (i) Claim for payment of compensation even when the driver or owner is not negligent and is not at fault. This is generally known as no-fault claim under section 140 of the Act.

   (ii) Claims for compensation to victims of hit and run accidents where the driver/owner or the insurer of the vehicle is not traceable (Section 161).

(iii) Claims for compensation arising out of torts or fatal accidents based on negligence of the driver or owner of the vehicle.

(iv) Claims in respect of damages to properties arising out of use of the motor vehicle by a third party.

            The owner of the properties damaged in the motor accident is entitled to maintain a claim for damages simplicitor; so also the person injured in an accident. The claim for damage to property can be filed independently even without there being any bodily injury.

          The application for compensation arising out of accidents can be made by a person who sustained injury or by the owner of the property or, where death has resulted by accident, by any legal heirs of the deceased. The report filed by a police officer u/section 166 (4) of the Act before the Claims Tribunal can also be treated as a claim filed on behalf accidented person.