Motor Vehicles Act Section 165 — Claims Tribunals
CHAPTER XII CLAIMS TRIBUNALS
Civil
Summary
Sub-section (1) allows a State Government to set up one or more Motor Accidents Claims Tribunals for a specified area, by publishing a notification in the Official Gazette. These Tribunals are meant to decide claims for compensation arising from accidents involving motor vehicles, where the accident caused death, bodily injury to a person, or damage to the property of a third party, or any combination of these. The explanation clarifies that claims for compensation under section 164 are also included within the scope of this sub-section.
Sub-section (2) states that a Claims Tribunal will have as many members as the State Government decides to appoint. If the Tribunal has two or more members, one of them must be appointed as the Chairman.
Sub-section (3) sets out the qualifications required for a person to be appointed as a member of a Claims Tribunal. Under clause (a), the person must be, or have been, a Judge of a High Court. Under clause (b), the person must be, or have been, a District Judge. Under clause (c), the person must be qualified for appointment as a Judge of a High Court or as a District Judge.
Sub-section (4) provides that if more than one Claims Tribunal is constituted for the same area, the State Government may, through a general or special order, decide how the work is to be distributed among those Tribunals.
Official 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 1[section 164].
(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—
(a) is, or has been, a Judge of a High Court; or
(b) is, or has been, a District Judge; or
(c) is qualified for appointment as a Judge of a High Court 2[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.