The Orissa Motor Vehicles (Accidents
Claims Tribunal) Rules, 1960
?[CHAPTER-I
Preliminary]
Rule - 1. Short title, extent and commencement.?
(1) These
rule may be called the Orissa Motor Vehicle (Accidents Claims Tribunal) Rules,
1960.
(2) These
rules shall extend to the whole of Orissa.
(3) These
rules shall come into force at once.
Rule - 2. Definitions.?
In these
rules, unless the context otherwise requires-
(a)
"Act" means
the Motor Vehicles Act, 1939 (4 of 1939);
(b)
"Claims
Tribunal" means a Motor Accidents Claims Tribunal constituted under
section 110 of the Act;
(c)
["Form" means
a Form appended to these rules;]
(d)
"Legal
representative" shall have the meaning assigned to it under Clause
(11) of section 2 of the Code of Civil Procedure, 1908.
[CHAPTER-II]
Claims
under section 110-A of the Act (Claims based on fault)
Rule - 3. Applications.?
Every
application for payment of compensation made under section 110-A shall be
made [in Form COF] and shall be accompanied by the fee prescribed
therefore in Rule 22:
Rule - 4. Examination of applicant.?
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 to
writing.
Rule - 5. Summary dismissal of application.?
The Claims
Tribunal may, after considering the application and the statement, if any, of
the applicant recorded under Rule 4, dismiss the application summarily if for
reasons to be recorded in writing, it is of the opinion that there are no
sufficient grounds for proceedings therewith.
Rule - 6. Notice to parties involved.?
If the
application is not dismissed under Rule 5, the Claims Tribunal shall send to
the owner of the motor vehicle involved in the accident and its insurer, a copy
of the applications 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.
Rule - 7. Appearance and examination of parties.?
(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
claims 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 and the
insurer upon the claim and shall reduce the substance of the examination to
writing.
Rule - 8. Summoning of witnesses.?
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 considers
that their appearance is not necessary for a just decision of the case,
Rule - 9. Appearance of legal practitioner.?
The Claims
Tribunal may, in its discretion, allow any party to appear before it through a
legal practitioner.
Rule - 10. Local inspection.?
(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 persons likely to be able to give information
relevant to the proceeding.
(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 to 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.
Rule - 11. Inspection of the vehicle.?
The Claims
Tribunal may, if it thinks fit, require the motor vehicle involved in the
accident to be produced by the owner or person in charge of the vehicle for
inspection at a particular time and place to be mentioned by it, if necessary,
in consultation with the owner.
Rule - 12. Power of summary examination.?
(1) The
Claims Tribunal, during a local inspection or at any other time, 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).
Rule - 13. Method of recording evidence.?
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.
Rule - 14. Adjournment of hearing.?
If the
Claims Tribunal finds that an application cannot be disposed of at one hearing
it shall record the reasons which necessitate the adjournment and also
information the parties present of the date of adjournment hearing.
Rule - 15. Co-opting persons during inquiry.?
(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.
(2) The
remuneration, if any, to be paid to the person(s) co-opted shall in every case
be determined by the Claims Tribunal.
Rule - 16. Framing of issue.?
(1) After
considering any written statement the evidence of the witnesses examined and
the result of any local inspection, the Claims Tribunal shall proceed to frame
and record the issue upon which the right decision of the case appears to it to
depend.
(2) Notwithstanding
anything contained in Sub-rule (1) the Claims Tribunal may drop the proceedings
at any stage in its discretion if the claim is admitted by the owner or
insurer.
Rule - 17. Determination and issues.?
After
framing the issues, the Claims Tribunal shall proceed to record evidence
thereon which each party may desire to produce.
Rule - [18.]
The
Claims Tribunal shall maintain a brief diary of the
proceedings and shall also maintain a register in the following proforma :]
Form of register of motor accident
claims cases
|
Serial No.
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Place, date and time of the accident
|
Name and address of Police stations in whose jurisdiction the accident
took place
|
Name of the victim of the accident deceased/injured, his age and
occupation
|
Monthly income of the victim deceased/ injured as stated in the
petition
|
Name(s) of legal representative(s) and his/their relationship with the
deceased victim in case of death
|
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1
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2
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3
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4
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5
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6
|
|
|
|
|
|
|
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Registration No. and type of vehicle involved in the accident
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Name and address of the owner of the vehicle
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Name and address of the insurer of the vehicle
|
Name and address of the applicant(s)
|
Whether the claim relates to death, bodily injury or damage to
property due to the accident
|
Relationship of the applicant with the deceased in case the claim
relates to death in accident
|
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7
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8
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9
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10
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11
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12
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|
|
|
|
|
|
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Value of the property involved in accident and the extent of damage to
property as stated in the petition
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Amount of compensation claimed
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Date of disposal of the case or award, if any, made by the Claims
Tribunals
|
Relief granted by the Claims Tribunal
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Result of appeal with date of order in appeal
|
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13
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14
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15
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16
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17
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|
|
|
|
|
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Rule - 19. Judgement and award of compensation.?
(1) The
Claims Tribunal, in passing order shall record concisely in a judgement the
findings on each of the issue framed and the reasons for such findings and make
an award specifying the amount of compensation to be paid by the insurer 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
Rule - 20. Code of Civil Procedure to apply in certain cases.?
The
following provisions of the First Schedule to the Code of Civil Procedure,
1908, shall, so far as may be, apply to proceedings before the Claims Tribunals,
namely, Order V, Rules 9 to 13 and 15 to 30; Order IX, Order XIII, Rules 3 to
10; Order XVI, Rules 2 to 21; Order XVIII and Order XXIII Rules 1 to 3.
Rule - 21. Form of appeal.?
(1) An
appeal against the award of a Claims Tribunal shall be preferred in the form of
a memorandum stating concisely the grounds on which the appeal is preferred.
(2) It
shall be accompanied by a copy of the judgement and the award appealed against.
Rule - 22. Fees.?
(1) Every
application under Sub-section (1) of section 110-A of the Act, for payment of
compensation shall be accompanied by a fee of rupees as shown in Column (ii)
against the claim mentioned in Column, (i) in the form of Court-fee stamps,
namely;]
|
Amount of claim
(i)
|
Amount of Court-fee
(ii)
|
|
(1)
|
Up to R. 5,000
|
Rs. 10
|
|
(2)
|
Above Rs. 5,000 up to Rs. 50,000
|
? per cent of the amount of claim
|
|
(3)
|
Above Rs. 50,000 up to Rs. 1,00,000
|
? per cent of the amount of claim
|
|
(4)
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Above Rs. 1,00,000
|
1 per cent of the amount of claim
|
(2) The
Claims Tribunal may, in its discretion, exempt a party from the payment of fee
prescribed under Sub-rule (1) :
[Provided
that where the claim of a party is accepted, whether in full or in part, by the
Claims Tribunal, the party shall be liable to pay the fees exempted under this
Sub-rule, at the time of receiving the award.]
(3) [All
application for copies of judgements passed under these rule shall be filled
before the Claims Tribunal in accordance with the relevant rules in the General
Rules and Circular Orders of the High Court of Judicature, Orissa (Civil).]
(4) [The
fee for filling an appeal under Rule 21 shall be one-half of the fee payable
under Sub-rule (1) according to the amount of the claim as covered by the
appeal.]
Rule - [23.]
The
Claims Tribunal shall furnish a quarterly return Tribunals and State number of
motor accident claim cases disposed of by him to the State
Government in the proforma, namely.]
Proforma
Number of
motor accident claims cases disposed of by the Claims Tribunal and State
Transport Appellate Tribunal (acting as Second Motor Accident Claims Tribunal)
for the quarter ending-
|
Sl. No.
|
Name of 1st Motor Accident Claims Tribunal from which the case
received
|
Number of claims cases pending at the beginning of the quarter
|
Number of claims cases received and transferred during the quarter
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Total number of claims cases awaiting disposal
|
Number of claims cases disposed of during the quarter
|
Amount of compensation granted
|
Remarks
|
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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(8)
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N.B. -
The amount of compensation granted by the Court to be paid by different parties
such as Government L.I.C. etc., may be specified in the remarks column.)
[CHAPTER-III
Claims
under Chapter VII-A of the Act
Claims
without fault in certain cases
Rule - 24. Application for claim.?
Every
application in the case of a claim without fault under Chapter VII-A of the Act
shall be made in Form CWF.
Rule - 25. Fees.?
?
Every
application for a claim under Chapter VII-A shall be accompanied by a fee of
ten rupees in the form of Court-fee stamp.
Rule - 26. Application not to be rejected on technical flaw.?
The Claims
Tribunal shall not reject any application made as per the provisions of Chapter
VII-A of the Act on the ground of any technical flaws, but shall give notice to
the applicant and get the defect rectified.
Rule - 27. Notice to owner and insurer.?
(1) The
Claims Tribunal shall give notice to the owner and the insurer, if any, of the
motor vehicle involved in the accident, directing them to appear on a date not
later than ten days from the date of issue of notice. The date fixed for such
appearance shall also be not later than fifteen days from the receipt of the
claim application.
(2) The
notice under Sub-rule (1) shall state that in case the owner or the insurer, if
any, fails to appear on the date appointed, the Tribunal will proceed ex
parte on the presumption that they have no contention to make against
the award of compensation.
Rule - 28. Manner of adjudication claims.?
The Claims
Tribunal shall, for the purpose of adjudicating and awarding a claim under
Chapter-VII-A of the Act, following the procedure of summary trial contained in
the Code of Criminal Procedure, 1973.
Rule - 29. Award of claim.?
The Claims
Tribunal shall obtain whatever information is necessary from the Police,
Medical and other authorities and proceed to award the claim whether the
parties who were given notice, appear or not, on the appointed date.
Rule - 30. Basis to award the claim.?
The Claims
Tribunal shall proceed to award the claim on the basis of-
(i)
oral
evidence;
(ii)
certified
copy of the Register of Motor Vehicles registered in the district and/or
registration certificates of the motor vehicle involved in the accident;
(iii)
insurance
certificate or policy relating to the insurance of the motor vehicle against
the Third Party risk;
(iv)
copy of
First Information Report;
(v)
post-mortem
certificate or certificate of injury from the Medical Officer;
(vi)
the nature
of the treatment given by the Medical Officer who has examined the victim; and
(vii)
Bed Head
Ticket and/or discharge certificate of the hospital or dispensary where the
injured/the deceased received treatment.
Rule - 31. Limitations for disposal of application.?
The Claims
Tribunal, before whom an application for compensation under Chapter VII-A of
the Act has been made shall dispose of such application within forty-five days
from the date of receipt of such application.
Rule - 32. Payment of compensation by Claims Tribunal.?
(1) 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.
(2) Where
the Claims Tribunal feels that the actual payment to the claimant is likely to
take some time because of the identification and determination of legal heirs
of the deceased, the Claims Tribunal may call for the amount of compensation
awarded to be deposited with the Tribunal and then proceed with the identification
of the legal heirs for deciding the payment of compensation to each of the
legal heirs.]
[[Form 'COF']]
Form of application for compensation
[On Fault]
To
The Motor
Accidents Claims Tribunals..........
I son/daughter/wife/widow
of residing at having been injured/having sustained damage in motor vehicle
accident hereby apply for the grant of compensation for the injury/damage
sustained. Necessary particulars in respect of the injury, damage, vehicle,
etc., are given below :
I/We.........son(s)/daughter(s)/wife/widow
of residing at hereby apply, as a legal representative/agent for the grant of
compensation on account of death or injury sustained by
Shri/Kumari/Shrimati....son/daughter/wife/widow of Shri/Shrimati.........................who
died/was injured in a motor accident.
Necessary
particulars in respect of the deceased/injured, the vehicle, etc., given below
:
1.
Name and
father's name of the person injured/dead (Husband's name in the case of the
married woman and widow)...
2.
Full
address of the person injured/dead........
3.
Age of the
person injured/dead......
4.
Occupation
of the persons injured/dead........
5.
Name and
address of the employer of the deceased, if any.....
6.
Monthly
income of the person injured/dead.........
7.
Does the
person in respect of whom compensation is claimed pay income tax ? If so, state
the amount of income-tax (To be supported by documentary
evidence)...............
8.
Place,
date, time of the accident.....
9.
Name and address
of police-station in whose jurisdiction the accident took place or was
registered.......
10. Was
the person, in respect of whom compensation is claimed, travelling by the
vehicle involved in the accident? If so, give the names of places of starting
of journey and destination............
11. Nature
of the injuries sustained.......
12. Name
and address of the Medical Officer/Practitioner, if any, who attended on the
injured/dead...........
13. Period
of treatment and expenditure, if any incurred thereon (To be supported by
documentary evidence)...............
14. Registration
No. and the type of the vehicle involved in accident..
15. Name
and address of the owner of the vehicle..........
16. Name
and address of the insurer of the vehicle........
17. Has
any claim been lodged with the owner/insurer ? If so, with what
result..........
18. Name
and address of the applicant(s).........
19. Relationship
with the addressed........
20. Title
to the property of the deceased......
21. Amount
of compensation claimed.............
22. Other
legal representatives, if any, of the deceased with their address and
relationship with the deceased................
23. Any
other information that may be necessary or helpful in the disposal of the
claim............
24. Does
the vehicle involved in the accident bear compulsory insurance against the
damage to the property of the third party including public property and if so
the value thereof...........
25. Did
the insurer make any vexatious attempt of refute his liability for compensation
of damage to the property................
26. (a)
Does the applicant require the insurer to make a special deposit for payment of
any claims in respect of damage of the property that are unreasonably
delayed..............
(b)
Does the widow or minor applicant of the deceased require to get her/his
decretal money through post office or Bank.........
27. (a)
Was any suit filed In any Civil Court for claiming compensation for damages to
the property ............
(b)
If any such suit is filed, the result of the suit may be indicated or if it is pending
the stage may be indicated.......
(c)
The amount of claim in the Civil Court may be mentioned........
28. (a)
Whether the applicant is in custody or possession of the damaged property after
the accident..........
(b)
The names of persons who are likely to claim a share in the damaged property
with their full present address and whether all of them are duly notified
regarding accident and the extent of damaged property involving the
accident..........
(c)
Whether any inventory of the damaged property was prepared, if so by whom and
whether the copy of the same is attached to the application; and if not
attached, the reasons for the same and also when it can be made available to
the Tribunal without unreasonable delay........
29. (a)
Nature of injury sustained to the property......
(b)
Rough estimate of the market-value of the property before accident.
(c)
Value of the property after the accident with reasons therefor.....
30. [Whether
any claim under section 92-A of the Motor Vehicles Act, 1939 has been made and
if so, its present position..........
I..........solemnly
declare that the particulars given above are true and correct to the best of my
knowledge.]
[Form 'CWF']
[See Rule 24]
Form of application for compensation
without fault
To
The Motor
Accidents Claims Tribunals........
I.........son/daughter/wife/widow
of having been injured in motor vehicle accident hereby apply for the grant of
compensation for the injury sustained. Necessary particulars in respect of the
injury, vehicle, etc. are given below
I
son/daughter/wife/widow of...................residing at hereby apply, as legal
representative/agent for the grant of compensation on account of death of
Shri/Kumari/Shrimati............son/daughter/wife/widow of Shri/Shrimati....who
died/was injured in a motor vehicle accident.
Necessary
particulars in respect of the deceased/injured, the vehicles etc. are given
below :
1.
Name and
father's name of the person injured/dead (Husband's name in the case of married
woman and widow)..................
2.
Full
address of the person injured/dead...........
3.
Age of the
person injured/dead...............
4.
Occupation
of the person injured/dead ............
5.
Place,
date and time of the accident.........
6.
Name and
address of police-station in whose jurisdiction the accident took place or was
registered.......
7.
Was the
person in respect of whom compensation is claimed travelling by the vehicle
involved in the accident? If so, give the name of place of starting of journey
and destination............
8.
Nature of
injuries sustained and continuing effect, if any, of the injury.........
9.
Name and
address of the Medical Officer/Practitioner, if any, who attended on
injured/dead.............
10. Nature
of the injury and whether it caused permanent disablement or not...........
11. Registration
number and the type of the vehicle involved in the accident.............
12. Name
and address of the owner of the vehicle..........
13. Name
and address of the insurer of vehicle............
14. Number
and details of certificate of insurance or the Policy of insurance............
15. Has
any claim been lodged with the owner/insurer and if so, with what
result.............
16. Name
and address of the applicant...........
17. Relationship
with the deceased............
18. Whether
he has been paid any compensation out of the Solatium Fund.............
19. Any
other information that may be necessary or helpful in the disposal of the
claim.............
I,
................. solemnly declare that the particulars given above are true
and correct to the best of my knowledge.]
Signature
or thumb-impression
of the applicant