The application for claim before the Motor Claims Tribunal should be made within six months from the date of the occurrence of accident.
The claim should be filed in the application form as provided in the rules framed under the Act. The Claims Tribunal, after giving notice of the application to the insurer and other necessary parties and after holding enquiry into the claim and giving the parties an opportunity of being heard, will make the award determining the amount of compensation which appears to the Tribunal just and proper and will also specify the person/persons who will to pay the compensation. It can direct the deposit of the amount awarded to such to such persons in the court within 30 days of the date of award. The Act specifically provides that in holding the enquiry for compensation, the Tribunal may follow such summary procedure as it thinks fit and it has the powers of a civil court for the purpose of taking evidence on oath and enforcing the attendance of the witnesses, and compelling the discovery/production of documents and materials for such purposes.
Appeals
Appeals from the Award of the Tribunal can be made to the High Court within 90 days from the date of the award. However, the Act provides that the appeal will not be entertained unless the appellant against whom order to deposit the awarded amount made has deposited with the High Court a sum of Rs 25,000/- or 50% of the amount awarded, whichever is less. There can be no appeal if the compensation amount awarded is less than Rs 10,000. The victim of the accident/claimant can also file an appeal if his /her claim is rejected and /or if he/she is dissatisfied with the amount awarded to them. They can also file cross appeal which is heard along with the appeal. The appeal also lies directly from the award of the Tribunal to the Supreme Court as a special leave petition under Article 136 of the Constitution.
Like other Tribunals where any Claim Tribunal is constituted in any area, no civil courts have jurisdiction to entertain any question relating to any claim for compensation which can be adjudicated by the Claims Tribunal for that area.
A Claim Tribunal under the Motor Vehicle Act and the Workmen's Compensation Act are two independent Tribunals but they have concurrent jurisdiction with regard to claims for compensation in some cases. In such a case, the option lies with the claimant to choose one or the other Tribunal. Though Section 19 of the Workmen's Compensation Act bars the jurisdiction of the civil court, it doesn't bar the jurisdiction of the Tribunal under the Motor Vehicle Act.
The claimant can choose whether to seek relief under the Workmen's Compensation Act or the Tribunal under the Motor Vehicle Act where the claim arises out of a motor accident.
The claim should be filed in the application form as provided in the rules framed under the Act. The Claims Tribunal, after giving notice of the application to the insurer and other necessary parties and after holding enquiry into the claim and giving the parties an opportunity of being heard, will make the award determining the amount of compensation which appears to the Tribunal just and proper and will also specify the person/persons who will to pay the compensation. It can direct the deposit of the amount awarded to such to such persons in the court within 30 days of the date of award. The Act specifically provides that in holding the enquiry for compensation, the Tribunal may follow such summary procedure as it thinks fit and it has the powers of a civil court for the purpose of taking evidence on oath and enforcing the attendance of the witnesses, and compelling the discovery/production of documents and materials for such purposes.
Appeals
Appeals from the Award of the Tribunal can be made to the High Court within 90 days from the date of the award. However, the Act provides that the appeal will not be entertained unless the appellant against whom order to deposit the awarded amount made has deposited with the High Court a sum of Rs 25,000/- or 50% of the amount awarded, whichever is less. There can be no appeal if the compensation amount awarded is less than Rs 10,000. The victim of the accident/claimant can also file an appeal if his /her claim is rejected and /or if he/she is dissatisfied with the amount awarded to them. They can also file cross appeal which is heard along with the appeal. The appeal also lies directly from the award of the Tribunal to the Supreme Court as a special leave petition under Article 136 of the Constitution.
Like other Tribunals where any Claim Tribunal is constituted in any area, no civil courts have jurisdiction to entertain any question relating to any claim for compensation which can be adjudicated by the Claims Tribunal for that area.
A Claim Tribunal under the Motor Vehicle Act and the Workmen's Compensation Act are two independent Tribunals but they have concurrent jurisdiction with regard to claims for compensation in some cases. In such a case, the option lies with the claimant to choose one or the other Tribunal. Though Section 19 of the Workmen's Compensation Act bars the jurisdiction of the civil court, it doesn't bar the jurisdiction of the Tribunal under the Motor Vehicle Act.
The claimant can choose whether to seek relief under the Workmen's Compensation Act or the Tribunal under the Motor Vehicle Act where the claim arises out of a motor accident.
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