In New India Assurance Co. Ltd. v. Bhavani Nanji Pachanbhai Patel131it was
held that remedies under section 163A and 166 being independent of each other, the claimant must elect or opt for either of them. Compensation under section 163A is final in nature and cannot be altered or varied in any other proceedings.
In Kamla Devi v. Ram Kishan132 the claim petition was filed under section 166
and award under section 140 had been passed, the application for amendment to covert petition from section 166 to section 163A was not held permissible, since after passing of award it is no longer open to the claimant to such conversion.
In Himachal Road Transport Corporation v. Baldev Kumar Nayyer133 it was
laid down that the claims tribunal cannot treat a petition under section 166 as one under section 163 by restricting income of injured/ deceased at Rs. 40,000.00 per annum when deceased/injured was earning more than Rs. 40,000/- per annum.
In National Insurance Co. Ltd. v. Indu Saraswat134it was held that claim
application under section 163A in respect of a person whose income was more than Rs. 40,000/- per annum cannot become maintainable by reducing the claim to the limit provided in the section because the section has been inserted with the object of giving relief to a section of public having income upto a particular level.
131
New India Assurance Co. Ltd. v. Bhavani Nanji Pachanbhai Patel, 2007 ACJ 2067
132
Kamla Devi v. Ram Kishan, 2009 (1) ACC 920 133
Himachal Road Transport Corporation v. Baldev Kumar Nayyer, 2007 ACJ 678 134
T. Review
State Government may, by notification in the Official Gazette, 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 the Chairman 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 or has been a District Judge or is qualified for appointment as a High Court Judge or as a District Judge.
Claims Tribunal set up under this Act are deemed Civil Courts. In Mohd.
Riyazur Rehman Siddiqui v. Deputy Director of Health Services,135it was held that technically and grammatically speaking, tribunal may not be a civil court, but it has all the trappings of court since it passes an award which has all the ingredients of a judgement as known under civil jurisprudence.
An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made by the person who has sustained the injury or by the owner of the property or where death has resulted from the accident, by all or any of the legal representatives of the deceased or by
135
Mohd. Riyazur Rehman Siddiqui v. Deputy Director of Health Services, 2009 (3) ACC 300 (Bom) FB
any agent duly authorised by the person injured or all or any of the legal
representatives of the deceased, as the case may be136.
In Sanno Devi v. Balram,137 it was held that the jurisdiction of a tribunal
depends essentially on the fact whether there had been any use of motor vehicle and once it has been established, tribunal’s jurisdiction cannot be held ousted on findings that it is negligence of other joint tortfeasor and not of the motor vehicle in question.
The claimant can file an application within the jurisdiction of claims tribunal (1) where the accident occurred, or (2) before the tribunal within local limits of whose jurisdiction, claimant resides or carries on his business, or (3) within local limits of whose jurisdiction, the defendant resides or carries on his business. In
Kusum Devi v. Dungaram,138it was held that in view of the word “or” which
separates three clauses, the claimant can choose either of the three options and as per legislative intent, there are three options implied, whereby he has been given a right to pick one of three places for exercising his option.
Section 168 of the Act provides that the Claims Tribunal shall deliver the copies of the award to the parties within fifteen days of the award and that the person against whom the award is made shall deposit the amount awarded within thirty days of announcement of the award.
The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed. Further, the Claims Tribunal shall
136
The Motor Vehicles Act, 1988, Section 166(1) 137
Sanno Devi v. Balram, 2007, ACJ 1881 (MP) DB 138
be deemed to be a Civil Court for all the purposes of section 195 and Chapter
XXVI of the Code of Criminal Procedure, 1973139.
Section 173 makes provision for appeal to High Court by the aggrieved against the orders of Claims Tribunal and where the person aggrieved is the person who has to pay the compensation such person shall deposit 50 percent of the amount awarded or as directed by the High Court.
Section 176 of the Act confers upon the State Government power to make rules for carrying into effect the various provisions including Sections 165 to 173.
139