MAHARASHTRA NATIONAL LAW UNIVERSITY, MUMBAI

LEGAL METHODS

FINAL SUBMISSION

MOTOR VEHICLE TRIBUNAL

Semester 1 (July-December)

Submitted to: Prof. Chirag Balyan Submitted by- Hardik Nain

Prof. Sajid Sheikh Roll No. - 21

 INDEX

CONTENTS PAGE NO.

INTRODUCTION 3

CHAPTER I 4

Establishment and Composition of Tribunal

CHAPTER II 4

History

CHAPTER III 7

Jurisdiction Of Claims Tribunal

CONCLUSION 14

BIBLIOGRAPHY 15
 INTRODUTION

This Paper is based on study of Motor Vehicle Tribunal. Courts are the sole
institutions fordproviding justice to the citizens of the country. Due to certain
limitations in providing proper justice has resulted in creating a huge backlog for
the judiciary, to tackle this problem, newlinstitutions for providing justice
aretbeing set up because of different types of claims. In today’s world we can see
existence of different types of claims e.g., matrimonialaclaims, personal claims,
health claims, equity claims, insurance claims etc. And between these claims we
have accidentalaclaims which have increased in present time with the
development of civilization. A newaforum, i.e. Motor Accidents Claims
Tribunal, which substitutes Civil Court, has been created by the Motor Vehicles
Act, for cheaper and speedier remedy to thehvictims of accident of motor
vehicles. Prior to the Motor VehiclesaAct, a suit for damage had to be filed with
civil court, on payment equal to the court fee. But, under theaprovisions of this
Act, an application claimingacompensation can be made to the Claims Tribunal
without payment of fee1 . New provisions in Motor Vehicles Act, do not create
any new liability, and the liability is still based on law of tort anddenactments like
the Fatal Accidents Act

The Motor Vehicles Act, consolidatesgand amends the law relating to motor
vehicles. This has been amended several times to keep it up to date. kThe need
was, however, felt that this Act should, aalso take into account changes in the
road transporthtechnology, pattern of passenger and goods movements,
developments, of the road network in the country and particularly the improved
techniques in the motorgvehicles management2.

1
R.K.Bangia, Law of Torts including Compensation under the Motor Vehicles Act, 469 (23rd ed. 2011).

2
The Motor Vehicles Act,1988 (Aug. 6, 2016, 9:05 pm) URL: http://www.tn.gov.in/sta/Mvact1988.pdf
 CHAPTER I

Establishment and Composition of Tribunal

Section 165 of Motor Vehicles Act, 1988 empowersathe State Government

to constituteaClaims Tribunal to pass judgment upon the claims for
compensation arisingtout of motor vehicle accidents, resulting in deathaor
bodily injury toapersons or damages to any property ofathird parties. A State
Government may, by notification in the OfficialhGazette, constitute one or more
Motor Accidents Claims Tribunal for such an area as may beaspecified in the
notification for the purposekof adjudicating upon claims for compensation in
respect of accidents involving the death of, or bodilyzinjury to, persons arising
out of the use oflmotor vehicles, or damages to any property of a third party so
arising, or both3. For the removal of doubts, it is declaredkin the expression
“claims for compensation in respect of accidents involving the death of or
bodily injury to personsgarising out of the use of motor vehicles” includes
claims for compensation under section 140 andlsection 163- A4 .A Claims
Tribunal shall consist oof such members as the State Government may
think fit to appoint and where it consists of two or moreamembers, one of
them shall be appointed as theA Chairman thereof. A person shallGnot be
qualified for appointment as a member of a Claims Tribunaliuunless he is
or has been a Judge of a High Court, or is or has been a District Judge
or is qualified fortuappointment as a High Court Judge or as a District
Judge.5

CHAPTER II (HISTORY)

Pre – 1988 Position Before the Motor Vehicle Act, 1988 came in to existence

The Motor Vehicles Act, 1939 was applicableytfor all type of Motor Accidents.
The Motor Vehicles Act, 1939, consolidates andiiamends the law relatingkto
motor vehicles. This has been amended several times to keep it up to date. The
need was, however, feltpthat this Act should, now with other things, take into
account also changes in the road transport, technology,pand freight movements,

3
http://www.tn.gov.in/sta/Mvact1988.pdf
4
Id.
5
Id.
 developments, of the road network inrthe country and particularlbethe improved
techniques in the motor vehicles management.

Various Committees6 , like, National Transport Policy Committee, National

Police Commission, Road Safety Committee, Two – Wheelers Committee etc. as
also the Law Commissionshave gone into differenttoaspects of road transport.
They have recommended updating,qsimplification and rationalization ofpthis law.
Several Memberslof Parliament urged for complete review of the Motor Vehicles
Act, 1939, to make it appropriate tokthe modern – day requirements. AlWorking
Group was, therefore, constituted in January, 1984 to review all the provisions of
the Motor Vehicles Act, 1939 andpto submit draft proposals for
amcomprehensive legislation to replace the existing Act. ThisWWorking Group
took into version the suggestions andrrecommendations made by various bodies
and institutions bylCentral Institute of Road Transport (CIRT), Automotive
ResearchlAssociation of India (ARAI), and otheritransport organizations
including, the manufacturers and the general public, Besides,
obtainingmcomments of State Governments on the recommendations of the
Working Statement of Group, thenkthese were discussed in a speciallytconvened
meeting of lTransport Ministers of all the States andkUnion territories. Some of
theas important modifications suggested related for taking care of –

a. The fast increasing number of both commercialivehicles and personal vehicles in

the country.

b. The need for encouragingaadoption of higher technology in automotive sector.

c. The greater flow of passenger andofreight with the least impediments so that
islands of isolation are not created leadingoto regional or local imbalances.

d. Concern for roadssafety standards, and pollution-controlameasures, standard

. for transportation of hazardous and explosive materials.

6
The Motor Vehicle Act, 1988, Statement of Objects and Reasons
 e. Simplification of procedurejand policy liberalization’s for private sector
. Operations in the road transport field.

f. Need for effectivekways of tracking down traffic offenders7.

The Motor Vehicles Act, 1988

The Supreme Court in M. K. Kunhi Mohammed v. P. A. Ahmedkutty8 , has made

certain suggestionssto raise the limit of compensation payable as a result of motor
accidents in case of death and permanent disablement in the event of thereabeing no
proof of fault on the part of the person who is linvolved in the accident and in hit and
run case accidents and to remove certain disparities in the liability of the insurerrto pay
compensation depending uponuthe class or type of vehicles involved inathe accident.
The above suggestions made by the Supreme Court have beenanincorporated in the
Motor Vehicles Bill.

The proposed legislation wasgprepared in the light of the above background. Some of
the important provisions of the Bill provide for the following matters:-

a. Rationalization of certainadefinitions with additions of certain new definitions of

new types of vehicles.

b. Stricter procedures relating to the grantoof driving licences and the period of validity.

c. Laying down the ofjstandards for components and parts of motor vehicles.

d. Standards fora anti-pollutiontcontrol devices.

e. Enabling provision for updating the systemgof registration marks.

f. Liberalized schemes toagrant stage carriage permit on non nationalizedjroutes, all-

India Tourist permits and alsoknational permits for goods carriages.

g. Administration of theSScheme by the General InsurancehCorporation.

h. Provision for enhanced compensation in cases of “no fault liability” and in hit and
run cases.

7
Id.
8
M. K. Kunhimohammed v. P. A. Ahmedkutty, (4 SCC 284,1987) (Aug. 17, 2016 , 9:00pm)
URL:https://indiankanoon.org/doc/1406160/
i. Provisions for the payment of compensation by the insurer to the extent of actual
liability to the victims of motor accidents.

l. Constitution of Road Safety Councils9 .

The Bill also seeks to provide for more deterrent punishment in the cases of certain
offences. The above suggestions whichowere incorporated in the Motor Vehicles Bill
receiveduthe assent of the President on 14th October, 1988 and cameion the Statute
Book as Motor Vehicles Act, 1988. The Act came intogforce with effect from 1st July,
1989 replacing the Motor Vehicles Act, 193910 . The previous Motor Vehicles Act,
1939 was repealed byssection 217 of the Motor Vehicles Act, 1988. Said section 217
also repealed all laws corresponding to the Motor VehiclesfAct, 1939, then being in
force in any State immediately beforetthe commencement of the Act of 1988 in the
respective states11.

CHAPTER III

Jurisdiction of Claims Tribunal

Jurisdiction of tribunal depends crucially on the fact that whether there had been any
use of motor vehicle and once it has been established, tribunal’s jurisdiction cannot be
held forced out on findingsathat it is negligence of other joint tortfeasor and not of the
motor vehiclekin question. A victim of an accident arising out oftuse of motor vehicles
may file their claimaapplication to the Claims Tribunal withintlocal limits of whose
jurisdiction the claimant resides or carries on business.

I. Pecuniary Jurisdiction
The pecuniaryjjurisdiction of the Claims Tribunal has a doubleiinference
i.e. compensation in case of death or bodily injurymand in respect of
damage caused to any property. Section 165 of the Act empowers the
tribunal to award compensation notlonly for death and bodily injury but also
for damage to property. As regards the former, there are three different
provisionspin the Motor Vehicles Act, 1988, namely:

1. Compensationsin certain cases on the principle of no fault, as provided in section

. of the Act.

9
Supra n.6
10
Supra n.6
11
Supra n.6
 2. Compensation on organised formulasbasis, under section 163-A of the Act

3. Compensation which appears to the Claims Tribunaloto be just, under section . .

. 168 of the Act.

In the category of claims under 1. Above, i.e. compensation on the principle of no

fault,dacompensation can be given either in cases ofkdeath or in cases of permanent
disablement of any person, and in either case, the fixed and different amounts have
been fixed respectively forkand permanent disablement. The relevant provisions are
sub-sections (1) and (2) of section 14012.

II. Exclusion of Civil Court’s Jurisdiction not Readily Inferred

The civil courts under section 9 of the Civil ProceduredCode, have general
and overall jurisdictionsto try all suits of a civil nature and a suit where the
right to property or to an office is contestediis a suit of a civil nature. The
bar of jurisdiction of the civil court cannot, beareadily inferred, and the
Supreme Court in a classic decision in Dhulabhai v. State of Madhya
Pradesh13 has covered out as many assseven exceptions to a statutory bar
created on jurisdiction of the civil court, seven exceptions are as under:
1. “Where the statute giveshfinality to the order of the special tribunal, the
civil court’s jurisdiction must besheld to be excludedoif there is adequate
remedy to do what the civil courtsywould normally do in a suit. Such
provision, however, does not exclude those casesnwhere the provisions of
the particular Act have been complied with or the statutory tribunalshas not
acted in conformity with the fundamental principles of judicial procedure.
2. Where there is andexpress bar of jurisdictionsof the courts, an
examination of the scheme of the particular Act to find the adequacy or the
sufficiency of the remedies provided may be of relevance but it is not
decisiveato sustain the jurisdictionkof the civil court. Where there is no
express exclusion, the examination of the remedies and thegscheme of the
particular Act to find out the intendmentsbecome necessary and the result of
the inquiry mayobe decisive. In the latter case, it is necessary to see if the
statute creates a special right or a liabilityjand provides for
theedetermination of the right or liability and furtherolays down that all
questions provides the said right and liability shall be determined by

12
Dr. R.G.Chaturvedi, “Law of Motor Accident Claims and Compensation” (2010) p.537
13
Dhulabhai v. State of Madhya Pradesh, AIR 1969 SC 78 (Aug. 17, 2016 , 9:00pm)
URL:http://jajharkhand.in/judg/sc/pdf/CIVIL%20LAW/CIVIL%20PROCEDURE%20CODE/Section%209%20
of%20CPC/Dhulabai%20vs%20state%20of%20MP%20AIR1969SC78.pdf
 theatribunal so constituted, and whether remedies normally associated with
actions in civil courts are prescribed bytthe said statute or not.
3. Challenge to the provisions of the particular Act as ultra vies cannot be
brought before tribunal constituted under that Act. Even thelHigh Court
cannot go into the questionlon a revision or reference from the decision of
the tribunal.
4. When a provision is already declared unconstitutional or the
constitutionality of any provision is toobe challenged, a suit is open. A writ
of certiorari may include a direction for refund if the claim is clearly within
the timeeprescribed by the Limitation Act but it is not ajcompulsory remedy
to replace a suit.
5. Where theqparticular Act contains no machinery for refund of tax
collected in excess of constitutional limits or illegallykcollected, a suit lies.
6. Question of the correctnessoof the assessment apart from its
constitutionality are for the decision of the authoritiesaand a civil suit does
not lie if the orders of the authorities are declared to be final or there is an
express prohibition inothe particular Act. In either case the scheme of the
particular Act must be examined becauseiit is a relevant inquiry. An
exclusion of the jurisdiction of the Civil Court is not to be readily inferred
unless the conditionaabove set down apply”.
III. Jurisdiction in Respect of Cases Where Accidents Occurred Prior to
Establishment of Tribunal
The existence of a claims tribunal on the date of accident is not a condition
precedent for entertaining a claim for compensation. A claim for
compensation can be entertainedlby a Tribunal even in respect of an
accident which occurred at a time when there was no claims tribunal for that
areaIn New India Assurance Co. v. Rukiyabai14 a motor accident took place
within the jurisdiction of the civil court at Nasik. There was no claims
tribunal on the date when the accident hadooccurred or on the date when the
suit for compensation wasiinstituted in the Nasik. After the institution of the
suit, the claims tribunal came to be established, butneven then the tribunal
set up atlNasik had no jurisdiction to entertain claim for compensation in
respect of accidents which occurred at a placenwithin the territorial
jurisdiction of thenNasik court. It was, therefore, held that the notification
establishing a tribunal at Indore could nottcome in the way of the civil court

14
New India Assurance Co. v. Rukiyabai, (ACC 499, 1985) (Aug. 17, 2016 , 9:00pm) URL:
https://indiankanoon.org/doc/1744744/
 at Nasik to proceed with the claim instituted therein when no tribunal for
that area was then in existence .
IV. Bar on jurisdiction of Civil Courts
Section 175 bars the jurisdiction of Civil Courts where any Claims Tribunal
has been constituted. Where anynClaims Tribunal has been constituted for
any area, no Civil Court shall have jurisdiction to entertain any question
relating to any claim forlcompensation which may be adjudicated upon by
the Claims tribunal for that area, and nokinjunction in respect of any action
taken or to beotaken by or before the Claims Tribunal in respect of the claim
for compensation shall be granted by the Civil Court15 .
In Vatticherukuru Village Panchayat v. Nori Venkataraman Deehsithulu43it
was held by the apex court thatkthe procedure before the tribunal is simple
and not provincial by intricate procedure of pleadings and trial, admissibility
of the evidence andhproof of facts according to law. Therefore, there is
abundant flexibility in the discharge of the functions with greatereexpedition
and in expensiveness.
In Gurbax Singh v. Financial Commissioner16it was held by the Supreme
Court that despite the bar on civil courts jurisdiction under a statute, if the
specialttribunal or authority acts ultralvires or illegally, the civil court has
power by virtue of section 9 of thelC.P.C.to interfereeand set matters right.
If the provisions of the statute have not been complied with or the statutory
tribunalshas not acted in conformity with theofundamental principles of
judicial procedure, the civil courts have jurisdiction to examine such cases.

V. Bar on Jurisdiction of Consumer Dispute Redressal Forum

In Chairman Thiruvallurar Transport Corporation v. Consumer Protection
Council17 the deceased was travelling in an omni bus which met with an
accident while trying to avert a bullock – cart. It appears that when the bus
driver was in process ofiovertaking the bullock cart, thenbullock got
panickly whereupon the driver swerved the bus to left and ran in to branches
of a tree on the roadside resulting inkdamage to the vehicle, the window
panes having been smashed. As the vehicleesuddenly swerved and the driver
applied the brakes the deceased who was sitting in the centre of the rear seat

15
The Motor Vehicles Act, 1988, Section 175
16
Gurbax Singh v. Financial Commissioner, (SC 435,1990) (Aug. 17, 2016 , 9:00pm) URL: http://www.the-
laws.com/Encyclopedia/Browse/Case?CaseId=000991745000
17
Chairman Thiruvallurar Transport Corporation v. Consumer Protection Council, (SC 1384,1995) (Aug. 17,
2016 , 9:00pm) URL: https://indiankanoon.org/doc/855077/
 was thrown in the front and hit against the iron side bar, sustaining a serious
head injury. Subsequentlyohe succumbed to the injury.
The Consumer Protection Council, Tamil Nadu on behalf of the legal
representative of thegdeceased, lodged a complaint before the National
Commission under the 1986 Act claiming compensation. Theaappellant
contested the claim contending thatmthe claimant i.e. the Council, had no
locus standi to maintain the action and in any case the National Commission
had no jurisdictionyto entertain a petition since exclusive jurisdiction was
conferred by the 1988 Act on the Claims Tribunal constituted thereunder.
The National Commissiondcontended the appellant, side stepped the
question regarding jurisdiction and without answering the same awarded Rs.
5.10 Lacs by way of compensation withainterest at 18% per annum with
costs of Rs. 10,000/-. An appeal against the judgement was preferred to the
Supreme Court. The question thatlarose for consideration was whether the
National Commission had jurisdiction to entertain the claim application and
awardscompensation in respect of an accidentfinvolving death of the
deceased caused by the use of Motor Vehicle. The Supreme Court without
going in to depth of awarding of compensationuby National Commission to
the victim, onlyaanswer the question of law as to whether National
Commission can entertainnsuch case held that National Commission has no
jurisdiction whatsoever and was entirely wrong in exercising jurisdiction
and awardingacompensation. However, in the facts and circumstances of
this case, the judgment pronounced by NationalkCommission was reversed
and appellant were not entitled to recover the compensation money already
paid to the victim under theoorder’s of National Commission. Hence, claims
for compensation arising out offuse of motor vehicles cannot be adjudicated
by any of the Consumer Disputes Redressal Forums contemplated and
created underfConsumer Protection Act, 1986. The complaint in the case of
motor accident cannot be said to be innrelation to any service hired or
availed of by the consumer because the injury sustained by the consumer
has nothing to do with theeservice provided or availed of by him if the
injury is the direct result of the accident.
VI. Jurisdiction of Tribunal, Where Collision Between Trains And Motor
Vehicle Occurred
In Union of India v. Satish Kumar Patel18 where there is negligence only of
the driver of the motor vehicle or where there isanegligence both of the

18
Union of India v. Satish Kumar Patel, AIR 2001 MP 41 (Aug. 17, 2016 , 9:20pm) URL:
http://judis.nic.in/supremecourt/imgs1.aspx?filename=39010
 driver of the motor vehicle andoof the railway, a claim is entertainable by
the motor accidents claims tribunal. In Amritlal v.Union of India19where the
truck driverawas warned by inmatessof truck about approaching railway
engine and there was consequentncollision between truck and the engine on
unmanned railway level crossing and resultantkdeath of some of the
passengers in the truck and injuries to other inmates ofatruck, award of
compensation by the tribunal was held justified and the railways was held
not liable since it is no duty of railways to man all level crossings.
VII. Jurisdiction of Tribunal in India, where Accident occurred in Foreign
Country
A suit or proceeding can be filed inaa court or tribunal having jurisdiction in
relation with the place where the cause of action or partmthereof had arisen
and where a bus was booked atdDelhi, part of cause action had arisen in
India and the claimants can file a claim in the tribunalshaving jurisdiction
over place or residencekof claimant under section 166(2) of the Act20 . In
the above case, a bus forrpilgrimage from Delhi to Kathmandu was booked
at Delhi and vehicle wasjregistered in India. The bus fell into a river in the
territory of Nepal. It was held that a claimsunder section 163A of the Act
was maintainable in aatribunal within the State offPunjab. It was further
held that the Motor Vehicles Operations andaadjacent Rules, 1963 had no
application, since the rules could operate only if the claim was filed in
Nepal. Ultimately, the insurerkwas held as liable. In Savara Pydi Raju v. T.
Venkata Rao21 , it was held that as per amended provisions in section 166(2)
victims are entitled to make their claims in any court havingjjurisdiction
over place where accident occurred or over placeswhere they are residing.
VIII. Jurisdiction to Entertain Claim by Indigent Person
The tribunal has trapping of civil court for the purpose of taking evidence
on oath and of enforcingaattendance of witnesses and compelling the
discovery and production of documents andkmaterial objects and for such
other purposes as may belprescribed, as section 169(2) of the Motor vehicle
Act, 1988 has stated. There is no directrreference of Order 33 of Civil
Procedure Code which dealsywith suits by or on behalf of indigent persons.

19
Amritlal v.Union of India, 2004 ACJ 1976 (Raj.). (Aug. 17, 2016 , 9:30pm) URL:
https://indiankanoon.org/doc/620816/
20
Sarbati v. Anil Kumar, 2006 ACJ 2532 (Aug. 17, 2016 , 9:00pm) URL:
https://indiankanoon.org/doc/955251/
21
Savara Pydi Raju v. T. Venkata Rao, 2007 ACJ 2245 (AP). (Aug. 17, 2016 , 9:00pm) URL:
http://www.lawyerservices.in/Sarbati-Versus-Anil-Kumar-2006-01-04
 In State of Haryanaav. Darshana Devi22 the Supreme Court of India
observed that the poorsshall not be forced outoof the justice market by
instance on court fee and refusal to apply therredemptive provisions of
Order XXXIII, Civil Procedure Code (CPC). Sonthe State of Haryana,
mindless of the mandate of equal justice to the indigent under the magna
carta of our Republic, expressed in article 14 and stressed in article 39A of
the Constitution,khas sought of leave to appeal againstythe order of the High
Court which has rightly extended thelprovisions to the auto accident claims.
The reasoning of the High Court in holding trail under Order XXXIII will
apply to tribunals whichthave the trappings of the civil court finds our
approval and hence upheld the decision of thekHigh Court. In Gulab Singh
Meruji v. Jayantilal Shankarlal Brahmin23 where a prayer was made for
filling the appeal as indigent person. The appellant was permitted to file the
claim before the tribunal asanindigent person, but the claim was dismissed.
Permitting the appeal to be filed as indigent person the courtiobserved that
in the legal aid programmes, whateverlamount is paid as legal assistance to
the litigation, that is not repayable by the litigant, in the case where a person
comes up with akprayer that he may be permitted to file appeal as an
indigent person, by permitting him to file appealaas indigent person,
payment of court fee islonly being deferred. So this court, while dealing
with such applications, should be more liberal whichtwill advance the cause
of justice to poor persons.
IX. Death Occurred Due To Heart Attack :
No Jurisdiction In National Insurance Co. Ltd v. Chandra Prava
Barman24where the insurer argued that admittedly the father of thelclaimant
died on account of heart attack and not due to vehicular accident, and that
Motor Accidents Claims Tribunal cannaward compensation only in
connection with the liability of the insurer on the insured which arises out of
vehicular accident and nothfor any remote cause. Holding this statementsas
well merited the High Court held thattthe claim for death of the father might
or could have been taken up under Law of Torts and not by Motor Accidents
Claims Tribunal, which has got limited jurisdiction to deal with claims
arising out of accident. Such a claimwwhich has been allowed by the

22
State of Haryana v. Darshana Devi, 1979 ACJ 205 (SC) (Aug. 17, 2016 , 9:10pm) URL:
http://www.rishabhdara.com/sc/view.php?case=24196
23
Gulab Singh Meruji v. Jayantilal Shankarlal Brahmin, 2001 ACJ 346 (Guj.) (Aug. 17, 2016 , 9:27pm) URL:
http://shodhganga.inflibnet.ac.in/bitstream/10603/7253/8/08_table%20of%20cases.pdf
24
National Insurance Co. Ltd v. Chandra Prava Barman, 2001(2) TAC 698 (Guj.) (Aug. 17, 2016 , 9:35pm)
URL: https://indiankanoon.org/doc/692552/
 tribunal could only be within the competence of the civil court and not
within theccompetence of the Motor Accidents Claims Tribunal.
X. Tribunal Cannot Entertain Application for Claim in Case of Hit and
Run Accident
A plain reading of Rule 20 of the Solatium Scheme, 1989, makes it clear
that an application seeking compensation under the Scheme in case of hit
and run accidents is to belfiled in Form 1 before the Claims Enquiry Officer
of the Sub-Division in which the accident had takenaplace. Thus, under the
scheme, a particular forum has beensprovided for claiming compensation in
case of hit andRrun motor accidents. This being the position, claimants
claiming compensation in cases of death or grievous hurt arising under the
hit and run motor accidents cannot fileaapplication before the Claims
Tribunal, and the Claims Tribunal havingpno jurisdiction in the matter, the
order of the ClaimslTribunal rejecting the objectionstaken by the insurer as
regards the maintainability of the application cannot be allowed to stand . In
Oriental Insurance Co. Ltd. v. Rooplal Singh25 case it was held by theePatna
High Court that the Claims Tribunal must return such application to be filed
before the ClaimspEnquiry Officer of the concernedwSub-Division in which
the accident had taken place and such matter has to be agitated before the
collector.

CONCLUSION

State Government may, by notification in the Official Gazettef, constitute one or

more Motor Accident Claims Tribunal (hereafter in this Chapter referred to as
Claims tribunal) for such area as may be specified in the notification for the purpose
of adjudicating upon claims for compensation in respect of accidents involving the
death of, or bodily injury to, persons arising out of the use of motor vehicles, or
damages to any property of a third party so arising, or both.

A Claims Tribunal shall consist of such number of members as the State

Government may think fit to appoint and where it consists of two or more members,
one of them shall be appointed as thekChairman thereof. A person shall not be
qualified for appointment as a member of a Claims Tribunal unless he is or has been
a Judge of a High Court, or is orihas been a District Judge or is qualifiedlfor
appointment as a High Court Judge or as a District Judge.

25
Oriental Insurance Co. Ltd. v. Rooplal Singh, 2000 ACJ 502 (Pat.) (Aug. 17, 2016 , 9:40pm)
URL:https://indiankanoon.org/doc/7387/
One more importance about Motor Vehicle Tribunal besides that it has taken away
some amount of loadgfrom the courts (Civil as well as Criminal) , is that it has
increased the speed of disposaloof cases being in the limits of cases being heard
properly, one main reason for this is the proper functioning of the Tribunal , only
matter related to Motor Vehicle is beinghentertained here. This innovative idea of
opening specialised Tribunals is proving to be a boon for the Judiciary as it is
effectivelybcontinuing its job for which it was instituted.

BIBLIOGRPHY

WEB SOURCES

 http://blog.ipleaders.in/how-and-when-to-file-claims-with-motor-accidents-
claim-tribunal/
 http://www.punjabtransport.org/Central%20Motor%20Vehcile%20Act%20
1988.pdf
 http://www.bimabazaar.com/learn-insurance-concepts/67-insurance-
concepts-general-insurance/1870-functioning-of-motor-accident-claims-
tribunalmact
 http://shodhganga.inflibnet.ac.in/bitstream/10603/7253/11/11_chapter%203.
pdf
 http://www.mahatranscom.in/pdf/CLAIMS_TRIBUNALS.pdf
 http://www.bimabazaar.com/learn-insurance-concepts/67-insurance-
concepts-general-insurance/1912-procedure-of-filing-an-application-for-
compensation-in-motor-accident-claims-tribunal
 http://www.vakilno1.com/legalviews/accident-claims-get-compensation-
motor-vehicles-act.html
 http://www.morth.nic.in/writereaddata/mainlinkFile/File672.pdf
 http://shodhganga.inflibnet.ac.in/bitstream/10603/7253/10/10_chapter%202.
pdf

ARTICLES

 Motor Accident Claims – A Historical Perspective , Justice S. C. Mathur

(1995) http://ijtr.nic.in/articles/art29.pdfAn analysis of law relating to
Accident Claims in India
  An Analysis of Law relating to Accident Claims in India
http://www.legalserviceindia.com/articles/km.htm

BOOKS

 R.K.Bangia, Law of Torts including Compensation under the Motor Vehicles Act,
469 (23rd ed. 2011).
 Claims Tribunal under Motor Vehicles Act, 1988 (http://docplayer.net/12448368-
Chapter-iii-claims-tribunal-under-motor-vehicles-act-1988.html)
 Ram Singh, The Relationship between liability regimes and economic
development ,A Study of Motor Vehicle Accidents in India (2012)
 PLAGIARISM DECLARATION

1. I acknowledge and understand that plagiarism is wrong.

2. I understand that my research must be accurately referenced. I

have followed the rules and conventions concerning referencing,
citation and the use of quotations as set out in the Departmental
Guide.

3. This assignment is my own work. I acknowledge that copying

someone else’s assignment, or part of it, is wrong, and that
submitting identical work to others constitutes a form of plagiarism.

4. I have not allowed, nor will I in the future allow, anyone to copy
my work with the intention of passing it off as their own work.

Name.................................. Enrolment#...............................................

Signed................................. Date...........................................