The motor vehicles Act, 1988 is an Act passed by the Parliament of India which regulates all the aspects of road transport vehicles. This Act came into force from 1 July 1989. This act replaced the previous motor vehicle act 1939 which earlier replaced the motor vehicle act 1914. Motor vehicles act created a replacement forum named motor accidents claims tribunals which substituted civil courts so as to supply the cheaper and speedier remedy to the victims of accident of cars. Earlier to file a complaint, the suit for damages had to be filed with civil court, on payment of ad valorem court fee. But under the supply of motor vehicles act, an application claiming compensation may be made to the claims tribunal without payment of ad valorem court fee. The Tribunal is to follow a summary procedure for adjudication of claims being provided. The sections don't pander to the substantive law regarding determination of liability. They only furnish a brand-new mode of enforcing liability. For determination of liability, one has still to seem to the substantive law within the law of torts and fatal accident Act, 1855 or at any rate to the principles thereof. “in the case of oriental fire and general insurance co. vs. Kamal Kamini, it absolutely was firmly explained that the liability continues to be supported law of torts and enactment just like the fatal accident act. Section 169 corresponds to Section 110-C of the cars act, 1959.
SECTION -169. PROCEDURES AND POWERS OF CLAIM TRIBUNALS
(1) In holding any inquiry under section 168, the Claims Tribunal may, based on any rules which will be made during this behalf, follow such summary procedure because it thinks fit.
(2) The Claims Tribunal shall contain all the powers of a Civil Court for the aim of taking evidence on the oath and of enforcing the attendance of witnesses and of compelling the invention and production of documents and material objects and for such other purposes as is also prescribed; and also, the Claims Tribunal shall be deemed to be a Civil Court for all the needs of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
(3) Subject to any rules which will be created during this behalf, the Claims Tribunal may, for the aim of adjudicating upon any claim for compensation,
choose one or more persons having special knowledge of and matter based on to the inquiry to help it in holding the inquiry.
SCOPE OF SECTION 169 -
Section 169 simply endows tribunal with powers of civil court for some purpose of taking evidence on the oath and of enforcing attendance of witness. Held that it doesn't exclude either expressly or by necessary implications, application of other provisions of code. It also doesn't restrict inherent powers to secure ends of justice. Oriental insurance co. ltd. v. Subrata mitra.
MOTOR ACCIDENTS CLAIMS TRIBUNAL
Motor Accidents Claims Tribunal has been made by the motor vehicles Act, 1988.It has been constituted to supply the speedier remedy to the victims of accident by motorized vehicles.
The Tribunals takes away jurisdiction of Civil Courts within the matters which concerns the Motor Accidents Claims Tribunal.
A state government may, by notification within the Official Gazette, constitute one or more Motor Accidents Claims Tribunals for such area as is also per the (section 165).’
It is for the government to determine the number of members of a Claims Tribunal. If there are two or more members then one should appointed as Chairman (section 165). ‘A person shall not be qualified for nomination as a member of a Claims Tribunal unless he –
(a) is or has been, a Judge of a tribunal, or
(b) is or has been, a district Judge, or
(c) is qualified for designation as a high court Judge or as a district Judge.’
WHO CAN CLAIM THE COMPENSATION?
According to Section 166 of the motor vehicles Act, 1988, compensation is claimed –
By the one that has sustained injury;
By the owner of the damaged property;
By all or any legal representative of the deceased who died within the accident;
By duly authorized agent of the injured person or all or any of the legal representatives of the deceased who died within the accident.
With a specific company is on the owner of the motorized vehicle.
CASES BASED ON CLAIM TRIBUNAL
SKANDIA INSURANCE CO. LTD. V. KOKILABEN CHANDRA VADAN
In this case the driver had no driver's license when he met an accident with the automobile he was driving. The proper of compensation of the victim isn't laid low with the actual fact that motorcar was driven by a person who wasn't having driving license to try to so. Whether or not the contract mentions something contrary to the present rule.
‘If the vehicle isn't insured any legal liability arising on account of third-party risk will need to be borne by the owner of the vehicle.’
RAJASTHAN ROAD TRANSPORT CORPN. VS KAILASH NATH KOTHARI
Kailash Nath Kothari was the recorded owner of the bus which had an accident. At accident's time the vehicle was driven by a driver who was employed by the registered owner of the vehicle. At the identical time the registered owner wasn't in possession of the bus. He had rented it to the Corporation. Court held during this case that the Corporation was susceptible to pay compensation and not the registered owner. This was in accordance with Section 2(30) of the cars Act, 1988 which defines ‘owner’ for the interpretation of the Act.
Occurrence of motor accidents depends on many factors. If we are sincere enough to watch out while driving then we will definitely eradicate any mishap. Traffic management is Government’s job and if we participate in it pityingly and responsibility then we will definitely see better and safe roads for ourselves and for other citizens.