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MVA, 1988
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MVAChapter XIISection 168
Section168

Award of the Claims Tribunal

AI Assist

Summary

On an application under section 166 the Claims Tribunal gives notice to the insurer, hears the parties and holds an inquiry into the claim. It can award a just amount of compensation and must state who must pay (insurer, owner, driver, or any of them); claims under section 140 for death or permanent disablement follow Chapter X. The Tribunal must supply award copies within 15 days and the person ordered to pay must deposit the full amount within 30 days as directed.

Example

Priya files an application under section 166 after a car hit her two-wheeler and she suffered injuries. The Claims Tribunal notifies the insurer, holds an inquiry and awards Rs 1,00,000 for medical expenses, specifying the insurer must pay. The Tribunal sends the award copy and the insurer must deposit the amount within 30 days.

Bare Act

Enacted text

(1) On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162 may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be:
Provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any person, such claim and any other claim (whether made in such application or otherwise) for compensation in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of Chapter X.

(2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award.

(3) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct.

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XII

Chapter XII

Claims Tribunals

In this chapter

  • 165Claims Tribunals
  • 166Application for compensation
  • 167Option regarding claims for compensation in certain cases
  • 168Award of the Claims Tribunal
  • 169Procedure and powers of Claims Tribunals
  • 170Impleading insurer in certain cases
  • 171Award of interest where any claim is allowed
  • 172Award of compensatory costs in certain cases
  • 173Appeals
  • 174Recovery of money from insurer as arrear of land revenue
  • 175Bar on jurisdiction of Civil Courts
  • 176Power of State Government to make rules
Previous · Section 167Option regarding claims for compensation in certain casesNext · Section 169Procedure and powers of Claims Tribunals