Motor accident claim tribunal: A.P Motor Vehicles Rules – 1989
455. Applications:- Every application for payment of compensation made under Section 166 shall be made in Form C.I.D. and shall be accompanied by the fee prescribed three for in Rule 475.
456. Examination of the applicant:- On receipt of an application under Rule 455 the Claims Tribunal may, examine the applicant on oath and the substance of such examination, if any, shall be reduced to writing.
457. Summary dismissal of application:- The Claims Tribunal may after considering the application and the statement if any, of the applicant recorded under Rule 456 dismiss the application summarily. If for reasons to be recorded, it is of the opinion that there are no sufficient grounds for proceeding therewith.
458. Notice to parties involved :- (1) If the application is not dismissed under Rule 457, 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) The Claims Tribunal may also require the defendant to furnish the following information to satisfy itself that a spurious or a collusive claim has not been preferred;
(i) Particulars of all earlier accidents in which the defendant has been involved;
(ii) the amount of compensation paid in such earlier accidents, the name and address of the victim and the name of the insurer who paid the damage; and
(iii) his connection. if any, with the claimant.
459. 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 claim raised in the application 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.
460. 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.
461.Appearance of legal practitioner :- The Claims Tribunal shall allow any party to appear before it through a legal practitioner.
462. Local Inspection:- (1) The Claims Tribunal may, at any time during the course of any inquiry before it visits 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; and
(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.
463. 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 for inspection at a particular time and place to be mentioned by it, if necessary in consultation with the owner.
464. Power of summary examination :- (1) The Claims Tribunal during a local inspection or at any other time save at a formal hearing of 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).
465. 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.
466. Adjournment of hearing :- If the Claims Tribunal finds that an application cannot be disposed of at one hearing, it shall record the reason, which necessitated the adjournment and also inform the parties present of the date of adjourned hearing.
467. Co-opting of 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 or persons co-opted shall in every case be determined by the Claims Tribunal.
468. Framing of Issues :- 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 issues upon which the right decision of the case appears to it to depend.
469. Determination of issues :- After framing the issues, the Claims Tribunal shall proceed to record evidence thereon which each party may desire to produce.
470. Dairy :- The Claims Tribunal shall maintain a brief diary of the proceedings on an application.
471. Judgment and award of compensation :- (1) The Claims Tribunal in passing orders shall record concisely in a judgment the findings on each of the issues 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;
(3) The Claims Tribunal shall forward a copy of its award to the Secretary, Regional Transport Authority having jurisdiction over the place of the accident for appropriate action against the driver and owner of the vehicle concerned in case either criminal proceedings have not already been initiated against them or they have proved unsuccessful for lack of evidence.
472. Enforcement of an award of the Claims Tribunal :- Subject to the provisions of 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, as if the award were a decree for the payment of money passed by such Court in a Civil Suit.
473. Code of Civil Procedure to apply in certain cases :- The following provisions of the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908), shall so far as may be, apply to proceedings before the Claims Tribunal 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 XVII and Order XXVIII; Rules 1 to 3.
474. Form and number of appeals against the decision of Claims Tribunal :- (1) An Appeal against the award of a Claims Tribunal shall be a 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 judgment and the award appealed against.
475. Fees :- (1) Every application under sub-section (1) of Section 166 of the Act for payment of compensation shall be accompanied by a fee in the form of court fee stamps as specified below:
(a) If the claim is confined to special damage, only Re.1;
(b) If the claim includes general damages also, an ad valorem fee at the following rates, on the aggregate of the claims for special and general damages:
Amount of Claim
Amount of Court fee
Upto Rs. 10,000 1/4 % of the amount of claim
From Rs .50,000 to 1,00,000 1/2 % of the amount of claim
Above Rs.1,00,000 1 % of the amount of claim
Explanation:- For the purpose of the above sub-rule;
(i) ‘Special damages’ is one which has to be specially pleaded and proved. It consists of out of pocket expenses and loss of earning incurred down to the date of trial, and is generally capable of exact substantial calculations; and
(ii) ‘General damages’ is one which the law implies and which is not specially pleaded. It includes compensation for pain and suffering and like and if the injuries suffered are such as to lead to continuing or permanent disability, compensation for loss of earning power.
(2) The Claims Tribunal may in its discretion exempt a party form the payment of fee prescribed under sub-rule (1):
Provided that where a claim of party has been accepted by the Claims Tribunal, the party shall have to pay the prescribed fee, exemption in respect of which has been granted initially before a copy of the judgment is obtained.
476. Application for claim :- (1) Every application in the case of claim under Chapter X of the Motor Vehicles Act, 1988; shall be made in Form CWF (Claim Without Fault);
Provided that the application shall also be accompanied by an affidavit stating that the petitioner has not filed any other claim petition regarding the same cause of action or the same accident in the same Tribunal or any other Tribunal to his/her knowledge.
(2) Fees:- Every applicant along with application for claim under Chapter X shall pay a fee of Rs. 10/-
(3) Consideration of the claim: Every claim under Chapter X of the Motor Vehicles Act shall be adjudicated by the Tribunal summarily complying with the principles of natural justice
(4) Application not to be rejected on technical flaw – The Claims Tribunal shall not reject any application made as per the provision of Chapter X of the Motor Vehicles Act, 1988 on the ground of any technical flaw, but shall give notice to the applicant and get the defect rectified.
(5) Presence of owner and insurer not necessary to award the claim after notice :- The Claims Tribunal shall give notice to the owner and insurer, if any of the motor 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 appearance shall also be not later than 15 days from the receipt of the claim application. The Claims Tribunal shall state in such notice, that in case they fail to appear on such appointed date, the tribunal will procede ex-parte on the presumption that they have no contention to make against, the award of compensation.
(6) Award of Claim :- The Claims Tribunal shall obtain whatever information necessary form 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.
(7) Basis to award the claim :- The Claims Tribunal shall proceed to award the claim 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 the Third party risk;
(iii) Copy of First Information Report;
(iv) Post-mortem certificate or certificate of inquiry from the Medical Officer; and
(v) The nature of the treatment given by the Medical Officer who has examined the victim.
(7A) Specification of amount of compensation awarded by the Tribunal to each victim:- Where compensation is awarded to two or more persons, the Claims Tribunal shall also specify the amount payable to each of them.
(8) Limitation for disposal of application:- The Claims Tribunal before whom an application for compensation liability arising out of the provisions of Chapter X of the Motor Vehicles Act, 1988, has bee made, shall dispose of such an application within forty five days from the date of receipt of such application.
(9) Payment of compensation of the Claims Tribunal:- 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 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 payment of compensation to each of the legal heirs. This contingency will not arise in case of adjudication and payment of compensation in the case of disablement.
476-A. Affixing Photograph on Claim Application :- Notwithstanding anything contained in Rules 455 and 476, the petitioner or petitioners shall either affix their recent photographs on the original Claim Application or affix on a separate sheet of paper and fasten the same to the original Claim Petition with their signatures or thumb impressions as the case may be duly attested by Advocate on Record.