Tamil Nadu Motor Vehicles Accidents Claims Tribunal Rules, 1989
In exercise of the powers conferred by section 176 read with section 211 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Governor of Tamil Nadu hereby makes the following rules, the draft of the same having been previously published as required by sub-section (1) of section 212 of the said Act.
1. Short title, extent and commencement.--(1) These rules may be called the Tamil Nadu Motor Vehicles Accidents Claims Tribunal Rules, 1989.
(2) They extend to the whole of the State of Tamil Nadu.
(3) They shall come into force on and from the date of their publication in the Tamil Nadu Government Gazette.
22. In these rules, unless the context otherwise requires,--
(a) "Act" means the Motor Vehicles Act, 1988 (Central Act 59 of 1988);
(b) "Claims Tribunal" means a Motor Accidents Claims Tribunal constituted under section 165 of the Act;
(c) "Legal representative" shall have the meaning assigned to it under clause (11) of section 21 of the Code of Civil Procedure, 1908 (Central Act V of 1908).
33. (1) Every application for payment of compensation made under section 140 of the Act, shall be made in Form I appended to these rules and shall be accompanied by the fee prescribed in sub-rule (1) of rule 24 in the form of Court-fee stamps.
(2) An appeal under section 173(1) shall be accompanied by the prescribed fee therefor in sub-rule (1-A) of rule 20.
44. (1) Notwithstanding anything contained in rule 3 and 4, any Police Officer not below the rank of a Sub-Inspector of Police, who is entrusted with the investigation of the motor vehicles accident shall, without waiting for the result of the investigation or prosecution and as expeditiously as possible get an application in Forms I and II appended to these rules from the party injured in the accident or all or any of the legal representatives of the deceased, as the case may be, and forward the same to the Claims Tribunal, who shall treat it an application for the purpose of section 140 and 166 of the Act. The said Police Officer shall also gather full particulars of the Insurance Certificate in respect of the motor vehicle involved in the accident and furnish them to the injured party or to the legal representatives of the deceased. The party concerned shall, before the Tribunal passes the award, pay the fee prescribed in rule 24.
(2) An officer investigating into an accident shall, after a case is registered, forward copies of the First Information Report relating to the accident to (i) the Claims Tribunal having jurisdiction; and (ii) the President of the District Committee for Legal Aid and Advice1 concerned constituted by the Tamil Nadu State Legal Aid and Advice Board2;
(3) An officer investigating into an accident shall, immediately after an accident is registered, also furnish the particulars to the nearest Legal Aid Committee1 or centre constituted by the Tamil Nadu State Legal Aid and Advice Board2 in Form III Appended to these rules.
(4) Notwithstanding anything contained in sub-rule (3), the officer of the Transport Department inspecting the vehicle involved in an accident shall furnish immediately the following information to the Insurance Company with which the vehicle is insured--
(1) Name and address of the owner of the vehicle;
(2) Name of the driver and/or conductor;
(3) Registration number of the vehicle;
(4) Particulars of permits, if any, in respect of the vehicle, with validity;
(5) Date of expiry of fitness certificate; and
(6) Date of expiry of the insurance.
55. On receipt of an application under rule 3, the Claims Tribunal may examine the applicant on oath and the substance of such examination, if any, shall be reduced in writing.
66. (1) After considering the application and the statement, if any, of the applicant recorded under rule 5, the Claims Tribunal shall not dismiss the application on the ground of any technical flaws, but shall give notice to the applicant and get the defects rectified.
(2) The claim for compensation under section 140 of the Act shall be disposed of expeditiously and in any case not later than four weeks from the date of filing of the application.
77. (1) After satisfying itself that the application is in order or the defects have been duly rectified, the Claims Tribunal shall send to the owner of the motor vehicle involved in the accident and its insurer, a copy of the application together with a notice of the date on which it will hear the application, and may call upon the parties to produce on that date any evidence which they may wish to tender.
(2) If the insurer is not impleaded as a party to the application as originally filed, or if the name of the insurer is not correctly given therein, it shall be open to the applicant to make an application to the Claims Tribunal for the appropriate amendment to the application for the purpose of bringing the insurer on record.
88. (1) The owner of the motor vehicle and the insurer may, and if so required by the Claims Tribunal, shall, at or before the first hearing or within such further time as the Claims Tribunal may allow, file a written statement, dealing with the claim raised in the application, and any such written statement, shall form part of the record.
(2) If the owner or the insurer contests the claim, the Claims Tribunal may, and if no written statement has been filed, it shall proceed to examine the owner or the insurer, as the case may be, upon claim and shall reduce the substance of the examination by writing.
99. If an application is presented by any party to the proceeding for the summoning of witnesses, the Claims Tribunal shall, on payment of the expenses involved, if any, issue summons for the appearance of such witnesses, unless it consider that their appearance is not necessary for just decision of the case:
Provided that if the party is financially poor in the opinion of the Tribunal, it may not insist on the payment of the expenses involved and the same shall be borne by the Government:
Provided further that in cases where the party succeeds in whole or in part, the expenses so incurred by the Government shall be directed to be paid to it by the owner or the insurer, as the case may be, of the motor vehicle.
1010. The Claims Tribunal, may, in its direction, allow any party to appear before it through a legal practitioner.
1111. (1) The Claims Tribunal may at any time during the course of an inquiry before it visit the site at which the accident occurred for the purpose of making a local inspection or examining any person likely to be able to give information relevant to the proceedings.
(2) Any party to a proceeding or the representative of any such party may accompany the Claims Tribunal for a local inspection.
(3) The Claims Tribunal after making a local inspection shall note briefly in a memorandum any facts observed, and such memorandum shall form part of the record of inquiry.
(4) The memorandum referred in sub-rule (3) may be shown to any party to the proceedings who desires to see it and a copy thereof may, on application, be supplied to any such party.
1212. The Claims Tribunal may, if it thinks fit, require the motor vehicle involved in the accident to be produced by the owner for inspection at a particular time and place to be mentioned by it, if necessary, in consultation with the owner.
13-A. The Claims Tribunal may, if any journey is undertaken for the purpose specified in rules 11 and 12 at the instance of the party, require the party to deposit before and an amount equivalent to the actual expenses likely to be incurred by it and its staff for the purpose and draw only the amount so deposited by the party to meet all the incidental expenditure in connection with such journeys.
1414. (1) The Claims Tribunal, during a local inspection or at any other time save at a formal hearing of a case pending before it, may examine summarily any person likely to be able to give information relating to such case, whether such person has been or is to be called as a witness in the case or not, and whether any or all of the parties are present or not.
(2) No oath shall be administered to a person examined under sub-rule (1).
1515. The Claims Tribunal shall, as examination of witnesses proceeds, make a brief memorandum of the substance of the evidence of each witness and such memorandum shall be written and signed by the members of the Claims Tribunal and shall form part of the record:
Provided that the evidence of any medical witness shall be taken down as nearly as may be word for word.
1616. (1) The Claims Tribunal may, if it thinks fit, co-opt one or more persons possessing special knowledge with respect to any matter relevant to the inquiry. Such persons shall not sit as member(s) of the Claims Tribunal, but should render such assistance as it required to hold the inquiry.
(2) The remuneration, if any, to be paid to the persons co-opted shall, in every case, be determined by the Claims Tribunal.
1717. After considering any written statement, the evidence of the witness examined and the result of any local inspection, the Claims Tribunal shall proceed to frame and record the points upon which the right decision of the case appears to it to depend.
1818. The Claims Tribunal shall maintain a brief diary of the proceedings on an application.
1919. The Claims Tribunal may, for reasons to be recorded in writing, call upon the respondents to furnish the following information:--
(i) full particulars of all earlier accidents in which the respondent had been involved and in which the claims have been awarded at least in part;
(ii) the amount of compensation paid in such earlier accident the name and address of the victim and the name of insurer who paid the damages; and
(iii) his connection, if any, with the claimant.
2020. (1) The Claims Tribunal, in passing orders, shall record concisely on a judgment the findings on each of the points framed and the reasons for such findings and make an award specifying the amount of compensation to be paid by the insurer or the owner in the case of vehicles which are not insured and also the person or persons to whom compensation shall be paid.
(2) Where compensation is awarded to two or more persons, the Claims Tribunal shall also specify the amount payable to each of them:
Provided that notwithstanding anything contained in sub-rules (1) and (2), the record of judgment shall, in respect of claims exceeding five thousand rupees, contain the evidence which shall either be verbatim or a reasonably complete and full memoranda of testimony explaining the basis of the compensation, the findings on each such evidence and the reasons for such findings before making an award specifying the amount of compensation.
(3) The Claims Tribunal shall announce the details of the award in the open Court and shall furnish copies of the judgment as required to be recorded under sub-rule (1) to the Regional Transport Authority, the Secretary, Regional Transport Authority, the Registering Authority and the Licensing Authority concerned for taking such action as the authorities consider necessary against the drivers, conductors or owners of the vehicles involved in the accident. It shall also send a copy of the judgment to the State Transport Authority, 3[Chennai].
(4) When the Claims Tribunal pronounced the judgment and makes the award, it shall also read the operative part of the award in the regional language understood by the claimant and it shall also be explained to him that he is entitled to the full amount of the compensation which has been awarded to him and that he is not liable to pay any percentage amount of the compensation to the lawyer who appeared for him, but have only to pay the fee determined by the Claims Tribunal.
(5) The Claims Tribunal shall provide the award reasonable expenses of litigation and fees for the counsel. Such fees shall not be lower than the fees specified in the Schedule of fees prescribed by the Tamil Nadu State Legal Aid and Advice Board2 from time to time.
(6) The Claims Tribunal shall, within fifteen days from the date of award, issue copy of award and decretal order, if any, for all parties to the claims free of cost.
(7) The Claims Tribunal shall, in the case of minor, order that amount of compensation awarded to such minor, be invested in fixed deposits till such minor attains majority. The expenses incurred by the guardian or the next friend may be allowed to be withdrawn by such guardian or the next friend from such deposits before it is deposited.
(8) The Claims Tribunal shall, in the case of illiterate claimants, order that the amount of compensation awarded, be invested in fixed deposits for a minimum period of three years, but of any amount is required for effecting purchase of any movable or immovable property for improving the income of the claimant, the Claims Tribunal may consider such a request after being satisfied that the amount would be actually spent for the purpose and the demand is not a ruse to withdraw money.
(9) The Claims Tribunal shall, in the case of semi-literate person, resort to the procedure for the deposit of award amounts set out in sub-rule (8) unless it is satisfied, for reasons to be recorded in writing that the whole or part of the amount is required for the expansion of any existing business or for the purchase of some property as specified and mentioned in sub-rule (8) in which case the Claims Tribunal shall ensure that the amount is invested for the purpose for which it is prayed for and paid.
(10) The Claims Tribunal may, in the case of literate persons, also resort to the procedure for deposit of award amounts specified in sub-rule (8) subject to the relaxation specified in sub-rules (8) and (9) if having regard to the age, fiscal background and state of society to which the claimant belongs and such other consideration, the Claims Tribunal in the larger interest of the claimant and with a view to ensuring the safety of the compensation awarded, thinks it necessary to order.
(11) The Claims Tribunal may, in personal injury cases, if further treatment is necessary, on being satisfied which shall be recorded in writing permit the withdrawal of such amount as is necessary for the expenses of such treatment.
(12) The Claims Tribunal shall, in the matter of investment of money, have regard to a maximum return by ways of periodical income to the claimant and make it deposited with public sector undertakings of the State or Central Government which offers higher rate of interests.
(13) The Claims Tribunal shall, in investing money direct that the interest on the deposits be paid directly to the claimants or to the guardian of the minor claimants by the institutions holding the deposits under intimation to the Claims Tribunal.
(14) The Claims Tribunal shall draw up a cheque in favour of the claimant for the award amount to be paid to him and deliver it to the claimant in the presence of the Advocate for the claimant and a representative of the Tamil Nadu State Legal Aid and Advice Board2.
2121. The following provisions of the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908) shall so far as may be, apply to proceedings before the Claims Tribunal, namely, Order V, IX, Order XIII, rules 3 to 10, Order XVI, rules 2,21, Order XVII and Order XXIII, rules 1 to 3.
2222. Without prejudice to the provisions contained in section 174, the Claims Tribunal shall, for the purpose of enforcement of its award, have all the powers of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908 (Central Act V of 1908) as if the award were a decree for the payment of money passed by such Court in civil suit.
2323. (1) An appeal against the award of a Claims Tribunal shall be preferred concisely the grounds on which the appeal is preferred.
(2) It shall be accompanied by a copy of the judgment and the award appealed against.
2424. Every application under sub-section (1) of section 166 of the Act for payment of compensation shall be accompanied by a fee of Re. 1 (Rupee one only) in the form of Court-fee stamp, if the claim in a case of accident is confined to special damage and if any further general damage is claimed, an ad-valorem fee shall be charged on the aggregate of the special and general damage claims on the following scale, namely:--
TABLE
|
Amount of claim. |
Amount of Court-fee. |
|
(1) |
(2) |
|
1. Upto Rs. 10,000. |
Rs. 10. |
|
2. Rs. 10,001 to Rs. 50,000. |
Rs. 10 plus one-fourth per cent of the amount by which the claim exceeds Rs. 10,000. |
|
3. Rs. 50,001 to Rs. 1,00,000. |
Rs. 122.50 plus half per cent of the amount by which the claim exceeds Rs. 50,000. |
|
4. Over Rs. 1,00,000. |
Rs. 372.50 plus one per cent of the amount by which the amount of claim exceeds Rs. 1,00,000. |
(1-A) An appeal under section 173 of the Act shall be accompanied by a fee of Re. 1 (Rupee one only) in the form of Court-fee stamp, if the claim in a case of accident is confined to special damages and if any further general damage is claimed, an ad-valorem fee shall be charged on the aggregate of the special and general damages claim on the following scales, namely:--
|
Amount of claim. |
Amount of Court-fee. |
|
(1) |
(2) |
|
1. Below Rs. 2,000. |
No appeal. |
|
2. Rs. 2,001 to 5,000. |
Rs. 10. |
|
3. Rs. 5,001 to 50,000. |
Rs. 10 plus one-fourth per cent of the amount by which the claim exceeds Rs. 5,000. |
|
4. Rs. 50,001 to 1,00,000. |
Rs. 122.50 plus half per cent of the amount by which the claim exceeds Rs. 50,000. |
|
5. Over Rs. 1,00,000. |
Rs. 372.50 plus one per cent of the amount by which the claim exceeds Rs. 1,00,000. |
(3) The Claims Tribunal may, in its discretion, exempt any party from the payment of fees prescribed under sub-rule (1):
Provided that where a claim of a party has been accepted by the Claims Tribunal, the party shall have to pay the prescribed fees, exemption in respect of which has been granted initially before a copy of the judgment is obtained:
Provided further that where the amount of award is less than the amount of claim, the party shall be entitled to refund of the proportionate fee, namely, the difference between the fee actually paid and the fee due if the claim had been made for the amount of award.
2525. (1) The Claims Tribunal shall follow the procedures of summary trial as contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) for the purpose of adjudicating and awarding a claim under Chapter X of the Act.
(2) The Claims Tribunal shall give notice to the owner and the insurer, if any, of the vehicle involved in the accident, directing them to appear on a date not later than 10 days from the date of issue of notice. The date so fixed for such appearances shall also be not later than 15 days from the receipt of the claim application filed by the claimant. The Claims Tribunal shall state in such notice that in case they fail to appear on such appointed date, the Claims Tribunal shall proceed ex parte on the presumption that they have no contention to make against the award of compensation.
(3) The Claims Tribunal shall obtain whatever information necessary from the police, medical or other authorities and proceed to award the claim whether the parties who were given notice appear or not on the appointed date.
(4) The Claims Tribunal shall proceed towards the claims on the basis of--
(i) Registration Certificate of the motor vehicle involved in the accident;
(ii) Insurance Certificate or policy relating to the insurance of the motor vehicle against third party risks;
(iii) Copy of the first information report;
(iv) Post-mortem certificate or certificate of injury, as the case may be, from the medical officer;
(v) The nature of the treatment given by the medical officer who has examined the victim.
(5) The Claims Tribunal before whom an application for award of compensation on liability arising out of the provisions of Chapter X of the Act has been made shall dispose of such an application within 45 days from the date of receipt of such application.
(6) The procedure of adjudicating the liability and award of compensation may be set apart from the procedure of disbursement of compensation to the legal heirs in case of death. Where the Claims Tribunal feels that the actual payment to the claimant is likely to take time because of the identification and the fixation of the legal heirs of the deceased, the Claims Tribunal may call for the amount of compensation awarded to be deposited with the Claims Tribunal and then proceed with the identification of the legal heirs for deciding the payment of compensation to each of the legal heirs. The contingency shall not arise in the case of adjudication and payment of compensation in the case of permanent disablement.
