Transport Department Government of Jharkhand

rules · 1988 · State unknown

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Parent: The Motor Vehicles Act, 1988 (1988) (8ead352f5939db5be6d6016f36ddfc1a091b44bc)

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Transport Department Government of Jharkhand Notification Notification No- 739 Date 23-07-2019 This is the draft of the Jharkhand Motor Accidents Claims Tribunal Rules, 2019 made in lieu of Supreme Court' $ direction vide letter No. 1881/16/Sec. IV and as required by sub-section (1) of section 165 of Motor Vehicles Act, 1988. Jharkhand Motor Accidents Claims Tribunal Rules, 2019 1. Short title extent and commencement. These rules may be called the Jharkhand Motor Accidents Claims Tribunal Rules, 2019. 2 These rules extend to the whole of State of Jharkhand: (3) They shall come into force o the date of their publication in the Jharkhand Gazette. 2. Definitions. In these rules, unless the context otherwise requires - a) Act"" means the Motor Vehicles Act; 1988; b) daccident"' means an accident involving use of motor vehicle at a public place; "Claims Tribunal" means section 165 of the Act; Motor Accidents Claims Tribunal constituted under "Form means a form appended to these rules; ~insurance company means the insurance company with which a motor vehicle involved in an accident was insured for the relevant period; ~investigating police officer' means the Officer In charge of police station/Thana within whose jurisdiction an accident involving motor vehicle occurs; and includes any police officer subordinate to him entrusted with the investigation of the case; ~legal representative' shall have the same meaning assigned to it under clause (11) of section 2 of the Code of Civil Procedure, 1908 (5 of 1908). All other words and expressions used herein but not defined and defined in Motor Vehicles Act; 1988, shall have the meanings respectively assigned to them in that Act: 3. Duties of investigating police officer in motor accident cases - Notwithstanding anything contained to

Rule TOC

1 · Short title extent and commencement.

2 · Definitions.

3 · Duties of investigating police officer in motor accident cases -

4 · Duties of the registering authority - It shall be the duty of the concerned registering authority t0-

5 · Duties of the insurance company - It shall be the duty of the divisional manager of the insurance company, as expeditiously as possible, to-

6 · Prohibition against release of motor vehicle involved in accident -

7 · Presumption about reports -

2 · There shall be appended to every such application -

10 · Police Reports under sub-section (6) of section 158 of the Act and action thereon:

8 · If after statement of facts about compensation claimed has been furnished by the party, which subsequently commits default in appearance, the provisions of Order IX of the Code of Civil Procedure, 1908(5 of 1908) would apply:

11 · Examination of applicant -

12 · Summary disposal of application -

13 · Transfer of claim cases: -

14 · Notice to parties involved

15 · Appearance and examination of the parties -

16 · Local Inspection: -

17 · Inspection of the vehicle -

18 · Power of summary examination: -

19 · Power to direct medical examination.

20 · Co-opting of persons during inquiry.

21 · Application for claim on principle of no fault liability: -

5 · The Claims Tribunal shall expeditiously proceed to award the claims on the basis of reports in Form A and Form D and further documents relating to injuries Or treatment; if any filed with affidavit, and report Or certificate, if any, issued in compliance with directions under rule 18.

22 · Framing of issues -

23 · Determination of issues: -

24 · Summoning of witnesses -

25 · Method of recording evidence:-

26 · Obtaining of supplementary information and documents

27 · Judgment and award of compensation:

28 · Securing the interest of claimants -

29 · . Appearance of legal practitioner:

30 · Adjournment of hearing:

31 · Diary.

32 · Enforcement of award of the Claims Tribunal -

33 · Vesting of powers of Civil Court in the Claims Tribunal-

34 · Receipt of compensation paid upon payment -

35 · Appeal against the judgment of the Claims Tribunal -

36 · Certified copies.

37 · Registers -

38 · Custody and preservation of the records -

39 · Repeal and Saving

7 · .

10 · Number of Insurance Policy/Insurance Certificate and the date of validity of the Insurance Policy/ Insurance Certificate: 11. Registration particulars of the vehicle (Class of the Vehicle) Registration No: Engine No: Chassis No: 12. Route Permit particulars (copy to be annexed)

13 · Report about verification of Driving License, Insurance Policy, Registration Certificate permit etc. (copy of the documents to be annexed)

14 · Action taken, if any and the result thereof (Copy of Report under-section 173 of the Code of Criminal Procedure, 1973/Kalandara presented to be annexed)

1 · Name and Father' $ name of the person injured/dead Husband s name in the case of married woman and widow): 2. Full address of the person injured/dead: 3_ Age of the person injured/dead: 4. Occupation of the person injured/dead: 5. Name and address of the employer of the injured/dead: 6. Monthly income of the person injured/dead: 7 . Does the person in respect of whom compensation is claimed pay income tax? If so, state the amount of the income tax (to be supported by documents): 8. Place, date and time of accident: 9_ Brief particulars of the accident: 10. Name and address of police station in whose jurisdiction the accident tool place or was registered: 11. Was the person in respect of whom compensation is claimed traveling by the vehicle involved in the accident? If so, give the name and place of starting the journey and destination: 12. Nature of injuries sustained and disablement; if any, caused: 13. Name and address of the Medical Officer[Practitioner if any, who attended on the injuries: 14. Period of treatment and expenditure, if any incurred: 15. Registration No. and type of vehicle involved in the accident: 16. Name and address of the owner of the vehicle: 17 . Name of the driver of the vehicle: 18. Name and address of the insurer of the vehicle:

19 · Has any claim been lodged with the ownerl Insurer if so, with what result:

20 · Name and address of the applicant:

21 · Relationship with the deceased/injured:

22 · Title of the property of the deceased/injured:

23 · Amount of compensation claimed and basis thereof: 24. Whether reports from the police and the Registering Authority have been obtained in Form *A and Form *D*? (If so, to be annexed): 25. Whether affidavit of the Applicant and witnessed as per rule & are annexed (give details): 26. Whether documents mentioned in Rule & are being annexed duly indexed (give details): 27. Any_ other information that may be necessary and helpful in the disposal of the case:

28 · Amount of compensation claimed as interim award

29 · Reasons for claim of interim award.

30 · Whether documents mentioned in sub-rule annexed (give details)

31 · Prayer