(PUBLISHED IN PART-IV OF THE DELHI GAZETTE-EXTRAORDINARY) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI TRANSPORT DEPARTMENT 5/9 UNDER H

ca40d5191ce417aceffab8a18766ca8d928f763c · 1988 · State unknown

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

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(PUBLISHED IN PART-IV OF THE DELHI GAZETTE-EXTRAORDINARY) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI TRANSPORT DEPARTMENT 5/9 UNDER HILL ROAD, DELHI-110054 No. F.19(125)/Tpt./Sectt./2007/375 Dated the 13 July, 2009 NOTIFICATION No. F.19(125)/Tpt./Sectt./2007/ .— Whereas the draft of the Delhi Motor Accidents Claims Tribunal Rules, 2008 was published in Part-IV of the Delhi Gazette-Extraordinary vide F. 19 (125)/Tpt./Sectt./2007/597 dated 3 rd d September 2008 as required by sub-section (1) of section 212 of Motor Vehicles Act, 1988 (59 of 1988), inviting objections and suggestions from all persons likely to be affected thereby within a period of 45 days from the date on which copies of the gazette in which the said notification was published were made available to the public. And whereas copies of the said Gazette notification were made available to the public on the 3 rd d September 2008 and whereas the objections and suggestions received on the said draft rules have been duly considered by the Government. Now, therefore, in exercise of the powers conferred by section 176 read with clause (41) of section 2 and sub-section (1) of section 212 of Motor Vehicles Act, 1988 (59 of 1988), and in partial supersession of Chapter IX of the Delhi Motor Vehicles Rules, 1993 relating to Claims Tribunals, made vide this Government's Notification No. F 2(1)/93-Law dated the 21 st June, 1993, the Lieutenant Governor of the National Capital Territory of Delhi is pleased to make the following rules, namely:- RULES Short title and commencement.-(1) These rules may be called the Delhi Motor Accidents Claims Tribunal Rules, 2008. They shall come into force on the date of their publication in the Delhi Gazette. Definitions. - (1) In these rules, unless the context otherwise requires,

Rule TOC

3 · Duties of investigating police officer in motor accident cases.(1)Notwithstanding anything contained to the contrary in any other rules in force, it shall be the duty of the investigating police officer, as expeditiously as possible to-

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

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.-(1) No court shall release a motor vehicle involved in an accident resulting in death or bodily injury or damage to property, when such vehicle is not covered by the policy of insurance against third party risks taken in the name of registered owner or when the registered owner fails to furnish copy of such insurance policy despite demand by investigating police officer, unless and until the registered owner furnishes sufficient security to the satisfaction of the court to pay compensation that may be awarded in a claim case arising out of such accident.

7 · Presumption about reports.- The contents of reports submitted to the Claims Tribunal in Form "A" and Form "D" by investigating police officer and concerned registering authority respectively, and confirmation under clause (b) of rule 5 by the insurance company shall be presumed to be correct, and shall be read in evidence without formal proof, till proved to the contrary.

8 · Applications.- (1) Every application for payment of compensation shall be made in Form "G" and shall be accompanied by as many copies, as may be required, to the Claims Tribunal having jurisdiction to adjudicate upon it. (2) There shall be appended to every such application:-

9 · Police Reports under sub-section (6) of section 158 of the Act and action thereon.- (1) The report in terms of sub-section (6) of section 158 of the Act by the police shall mutatis mutandis be in Form "A". (2) On receipt of report mentioned in sub-rule (1) , the Claims Tribunal shall go through the same and may call for such further information or material as considered necessary for proper and effective action in accordance with subsection (4) of section 166 of the Act. (3) The Claims Tribunal after examination of the report, further information /material, if called for, shall register the claim case thereon and, then, issue notice for appearance to all parties concerned, which would include the victim(s) of the accident, or his/her legal representative(s), as the case may be, driver, owner and insurer of the vehicle(s) involved, in Form "H".

10 · Examination of applicant.- On receipt of an application under rule 8, the Claims Tribunal may examine the applicant on oath, and the substance of such examination, if any, shall be reduced to writing.

11 · Summary disposal of application.- The Claims Tribunal may, after consideration of the application and statement, if any, of the applicant recorded under rule 10, dismiss the application summarily, if for reasons to be recorded, it is of the opinion that there are no sufficient grounds for proceeding therewith.

12 · Transfer of claim cases.-(1) The District Judge shall have the power to transfer an application for claim from the file of one Claims Tribunal, before whom the application is pending, to any other Claims Tribunal, if-

13 · Notice to parties involved.-If the application for claim is not dismissed under rule 11, the Claims Tribunal shall send to the opposite parties a copy of the application along with all the documents and affidavits filed by applicant under rule 8 together with a notice in Form "I" of the date on which it will hear the application, and may call them upon to file on that date a written statement as per rule 14 in answer to the application:

14 · Appearance and examination of the parties.- (1) The person against whom the applicant claims relief (hereinafter referred to as 'opposite party') shall at or before the first hearing, or within such further time as the Claims Tribunal may allow, file a written statement dealing with the claim raised in the application, and any such written statement shall form part of the record. (2) The opposite party shall file with his written statement, all the documents and affidavits for the proof thereof and also affidavits in support of all facts on which he relies in context of his defence of the application, duly entered in a properly prepared list of documents and affidavits and shall give to the applicant copies of the written statement, documents and affidavits, provided that the Claims Tribunal may not allow the opposite party to rely in support of his defence on any document or affidavit not filed along with the written statement unless it is satisfied that, for good or sufficient cause, he was prevented from filling such document or affidavit earlier. (3) If the opposite party contests the claim, the Claims Tribunal may, and if no written statement has been filed, it shall, proceed to examine him upon the claim and shall reduce the substance of the examination to writing. (4) The Claims Tribunal may also require the opposite parties to furnish

16 · Inspection of the vehicle.- The Claims Tribunal may, if it thinks fit, require the motor vehicle involved in the accident to be produced by the owner for inspection at a particular time and place to be mentioned by it, in consultation with the owner.

17 · Power of summary examination.- The Claims Tribunal during the local inspection or at any other time at a formal hearing of a case pending before, it may, examine summarily any person likely to be able to give information relating to such case, whether such person has been or is to be called as a witness in the case or not and whether any or all of the parties are present or not.

18 · Power to direct medical examination.- The Claims Tribunal may, if it considers necessary, direct, in Form "J", any medical officer or any board of medical officers in a government or municipal hospital to examine the injured and issue certificate indicating the degree and extent of the disability, if any, suffered as a result of the accident, and it shall be the duty of such medical officer or board to submit the report within fifteen days of receipt of direction.

23 · Summoning of witnesses.- Subject to the provisions of rule 22, if an application is presented by any party to the proceeding for the summoning of witnesses, the Claims Tribunal shall, on payment of the expenses involved, if any, issue summons for the appearance of such witness unless it considers that their appearance is not necessary for a just decision of the case:

24 · Method of recording evidence.- The Claims Tribunals shall, as examination of witnesses proceeds, make brief memorandum of the substance of the evidence of each witness and such memorandum shall be written and signed by the Presiding Judge of the Claims Tribunal and shall form part of the evidence:

25 · Obtaining of supplementary information and documents.- The Claims Tribunal shall obtain whatever supplementary information and documents, which may be found necessary from the police, medical and other authorities and proceed to adjudicate upon the claim whether the parties who were given notice appear or not on the appointed date.

26 · Judgment and award of compensation.-(1) The Claims Tribunal in passing orders shall record concisely in a judgment, the findings on each of the issues framed and the reasons for such findings and make an award specifying the amount of compensation to be paid by the opposite party or parties and also the person or persons to whom compensation shall be paid.

28 · . Appearance of legal practitioner.- The Claims Tribunal may, in its discretion, allow any party to appear before it through a legal practioner.

29 · . Adjournment of hearing.- If the Claims Tribunal finds that an application cannot be disposed of at one hearing, it shall record the reasons which necessitate the adjournment and also inform the parties present of the date of adjourned hearing.

36 · . Registers.-(1) The Claims Tribunal shall maintain in addition to all registers required to be maintained by a court of Additional District Judge in Delhi, the following registers:-

37 · Custody and preservation of the records.- The necessary documents and records relating to the cases shall be preserved in the record room for a period of six years of the satisfaction of the award, if any granted, or for a period of twelve years after the judgment and award become final, whichever is earlier.