Transport Department Government of Jharkhand

99b345fe3dcdb6de18c0d72ce93a853896b44226 · 1988 · State unknown

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's 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 Short title , extent and commencement.- These rules may be called the Jharkhand Motor Accidents Claims Tribunal Rules, 2019. These rules extend to the whole of State of Jharkhand. They shall come into force on the date of their publication in the Jharkhand Gazette. Definitions . – In these rules, unless the context otherwise requires,- “Act” means the Motor Vehicles Act, 1988; “accident” means an accident involving use of motor vehicle at a public place; "Claims Tribunal" means a Motor Accidents Claims Tribunal constituted under section 165 of the Act; “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 a police station/Thana within whose jurisdiction an accident involving a 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. Duties of investigating police officer in motor accident cases.- Notwithstanding anything contained to the con

Rule TOC

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.-

8 · Applications.-

9 · Fees-

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

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:-

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