Claims Tribunals
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Summary
State Government may notify one or more Motor Accidents Claims Tribunals in the Official Gazette to decide compensation claims for death, bodily injury or third‑party property damage arising from use of motor vehicles. The jurisdiction expressly includes claims under section 140 and section 163A. Tribunals are staffed by members appointed by the State, one of whom will be Chairman where there are multiple members, and members must be current or former High Court or District Judges or otherwise qualified for those posts.
Example
Rohan's scooter is hit by a truck and he is injured. He files a claim and it will be heard by the Motor Accidents Claims Tribunal set up by the State. The Tribunal will be composed of members who are current or former High Court or District Judges, and if several Tribunals exist the State will decide which one takes his case.
Bare Act
Enacted text(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (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.
Explanation
For the removal of doubts, it is hereby declared that the expression “claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles” includes claims for compensation under section 140 and section 163A.
(2) 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.
(3) A person shall not be qualified for appointment as a member of a Claims Tribunal unless he—
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(a) is, or has been, a Judge of a High Court, or
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(b) is, or has been a District Judge, or
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(c) is qualified for appointment as a High Court Judge or as a District Judge.
(4) Where two or more Claims Tribunals are constituted for any area, the State Government, may by general or special order, regulate the distribution of business among them.
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