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

1 · Short title and commencement:-(1) These rules may be called the Delhi Motor Accidents Claims Tribunal Rules, 2008. (2) They shall come into force o the date of their publication in the Delhi Gazette_

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- (a) get the scene of accident photographed from such angles as to clearly depict, and in case of inability to do So, prepare a site plan; drawn to scale, aS to indicate the lay-out and width, etc. of the road(s) or place, as the case may be, the position of vehicle(s), or person(s), involved, and such other facts as may be relevant s0 as to preserve the evidence in this regard, inter- alia for purposes of proceedings before the Claims Tribunal; (b) gather full particulars of the insurance certificate /policy in respect of the motor vehicle involved in the accident and to require the production of documents mentioned in sub-section (1) of section 158 of the Act; and thereupon either to take the same in possession against receipt, Or to retain the photocopies of the same, after attestation thereof by the person producing the same; (c) verify the genuineness of the documents mentioned in clause (b) by obtaining confirmation in writing from the office lauthority purporting to have issued the same; (d)submit detailed report regarding an accident to the Claim Tribunals, in Form A by not later than thirty days of the receipt of notice in Form 'B accompanied by requisite documents which shall include copy of report under section 173 of the Code of Criminal Procedure, 1973(2 of 1974), medico legal certificate, post-mortem report (in case of death); first information report; photographs, site plan, photocopies of documents mentioned in clause (c ), report regarding confirmation of genuineness thereof; if received, r otherwise action taken; (e) furnish to the applicant information and particulars about the accident in Form *A within thirty days; on receiving the application in Form "C by the person who wishes to make an application for compensation and who is

4 · Duties of the registering authority. It shall be the duty of the concerned registering authority to- (a) submit a detailed report in Form D to the Claims Tribunal regarding a motor vehicle involved in an accident 0r licence of the driver thereof within fifteen days of the receipt of direction in Form *E? (b) furnish within fifteen days, the requisite information in Form `D on receiving the application in Form "F' by the person who wishes to make an application for compensation O who is involved in an accident arising out of use Or his next of kin, or to the legal representative of the deceased or to the insurance company, as the case may be: Provided that information shall be given to the insurance company on payment of rupees ten only per page.

5 · Duties of the insurance company: It shall be the duty of the divisional manager of the insurance company, as expeditiously as possible, to- (a) move an application in Form 66 C' before the investigating police officer with prescribed fees and gather full information about the accident; at the earliest, after receiving information about it;, or on receipt of notice from the Claims Tribunals under rule 13; (b) ascertain and verify facts about insurance of motor vehicle(s) involved in the accident and confirm the same to the Claims Tribunal within thirty days of receiving notice of the claim case; (c) move application before the concerned registering authority in Form "F" and gather information about the motor vehicle(s) involved, and the driving licence(s) held by the driver(s) thereof as per details mentioned in Form (

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: (2) Where the motor vehicle is not covered by a policy of insurance against third party risks, o when registered owner of the motor vehicle fails to furnish copy of such policy in circumstance mentioned in sub- rule (1), the motor vehicle shall be sold off in public auction by the magistrate having jurisdiction over the area where accident occurred, on expiry of three months of the vehicle being taken in possession by the investigating police officer, and proceeds thereof shall be deposited with the Claims Tribunal having jurisdiction over the area in question, within fifteen days for purpose of satisfying the compensation that may have been awarded, or 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: - an affidavit of the applicant to the effect that the statement of facts contained in the application is true to the best of his/her knowledge/belief, as the case may be, and further if the applicant(s) has/have earlier preferred any claim petition with regard to the same cause of action, and if $o, what was the result thereof;

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 ' 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: Provided that; if documents filed by the applicant are voluminous, and insistence on providing copies thereof would be unnecessarily expensive or cumbersome, the Claims Tribunal may dispense with the requirement to send copies thereof to the opposite parties

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 the following information: a) full particulars of all earlier accidents in which such party may have been involved; and in which the claims have been awarded at least in part:

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 0 all of the parties are present O not_

18 · Power to direct medical examination - The Claims Tribunal may, if it considers necessary, direct; in Form *J any medical officer 0r 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:

19 · Co-opting of persons during inquiry-- (1) The Claims Tribunal may if it thinks fit; co-opt one or more persons possessing special knowledge with respect to any matter relevant to the inquiry, to assist in holding the inquiry. (2) The remuneration, if any, to be paid to the person(s) co-opted shall in every case be determined by the Claims Tribunal. 20. Application for claim on principle of no fault liability: - (1) Every application in case of claim under Chapter X of the Act, shall be made in part Iof Form *G' (2) The Claims Tribunal shall, for the purpose of adjudication of the application mentioned in this rule shall follow such summary procedure as it thinks fit: (3) The Claims Tribunal shall not reject any application made as per the provisions of Chapter X of the Act on ground of any technical flaw, but shall give notice to the applicant and get the defect rectified. (4) Where the application is not accompanied by reports in From "A and Form 'D' the Claims Tribunal shall obtain whatever information is 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. (5) The Claims Tribunal shall expeditiously proceed to award the claims on the basis of reports in Form 6A and Form *D' and further documents relating to injuries o treatment; if any filed with affidavit; and report or certificate, if any, issued in compliance with directions under rule 18. (6) The Claims Tribunal in passing an award on such application, shall also issue directions for apportionment; if required and for securing the interests of the claimants, following the provisions ofrules 26 and 27.

21 · Framing of issues - After considering the application, the written statements, the examination of the parties, if any, and the result of any local inspection, if made, the Claims Tribunal shall proceed to frame and record the issues upon which the decision of the case appears to it to depend.

22 · Determination of issues:-( 1) After framing the issues the Claims Tribunal shall proceed to decide them after allowing both parties to cross examine each other and the deponents, whose affidavits have been filed by the parties, on such affidavits filed with the application and the written statement and in doing SO, it shall follow provision of Order XIX of the Code of Civil Procedure, 1908 (5 of 1908). (2) The Claims Tribunal may, if it appears to it to be necessary for just decision of the case, allow the parties to adduce such further evidence as each of them may desire to produce:

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: Provided that if, in the opinion of the Claims Tribunals, the party is financially poor; it may not insist on the payment of the expenses involved and the same shall be borne by the Government: Provided further that in case where the party succeeds in whole o in part, the expenses so incurred by the Government shall be directed to be paid to the Government by the opposite party.

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: Provided that evidence of any expert witness shall be taken down; as nearly as may be, word for word.

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 o 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 OT persons to whom compensation shall be paid: (2) The procedure of adjudicating the liability and award of compensation may be set apart from the procedure of disbursement of compensation to the legal heirs in a case of death; and where the Claims Tribunal feels that the actual payment to the claimant is likely to take some time because of the identification and determination of legal heirs of the deceased, the Claims Tribunal may call for the amount of 10

27 · Securing the interest of claimants - (1) Where any lump-sum amount deposited with the Claims Tribunal is payable to a woman or a person under legal disability, such sum may be invested, applied o otherwise dealt with for the benefit of the woman or such person during this disability in such manner aS the Claims Tribunal may direct to be paid to any dependent of the injured or heirs of the deceased or to any other person whom the Claims Tribunal thinks best fitted to provide for the welfare of the injured or the heir of the deceased: (2) Where on application made to the Claims Tribunal in this behalf or otherwise, the Claims Tribunal is satisfied that 0 account of neglect of the children 0n the part of the parents, O on account of the variation of the circumstances of any dependent; or for any other sufficient cause, an order of the Claims Tribunal as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependent is to be invested applied or otherwise dealt with, ought to be varied, the Claims Tribunal may make such further orders for the variation of the former order as it thinks just in the circumstances of the case_ (3)The Claims Tribunal shall, in the case of minor; order that amount of compensation awarded to such minor be invested in fixed deposits till such minor attains majority. The expenses incurred by the guardian Or the next friend may be allowed to be withdrawn by such guardian or the next friend from such deposits before it is deposited: (4)The Claims Tribunal shall, in the case of illiterate claimants, order that the amount of compensation awarded be invested in fixed deposits for a minimum period of three years, but if any amount is required for effecting purchase of any moveable or immoveable property for improving the income of the claimant, the Claims Tribunal may consider such a request after being satisfied that the amount would be actually spent for the purpose and the demand is not a ruse to withdraw money. (S)The Claims Tribunal shall, in the case of semi-literate person resort to the procedure for the deposit of award amounts set out in sub-rule(4) unless it is satisfied, for reasons to be recorded in writing that the whole Or part of the amount is required for the expansion of any existing business or for the purchase of some property as specified and mentioned, in sub-rule (4) in which case the Claims Tribunal shall ensure that the amount is invested for the purpose for which it is prayed for and paid: (6) The Claims Tribunal may in the case of literate persons also resort to the procedure for deposit of awarded amount specified in sub-rule (4) and (5) if having regard to the age, fiscal background and state of society to 11

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:

30 · Diary - The Claims Tribunal shall, maintain a brief diary of the proceedings on the application:

31 · Enforcement of award of the Claims Tribunal - Subject to the provisions of section 174 of the Act, the Claims Tribunal shall, for the purpose of enforcement of its award have all the powers of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908(5 of 1908), as if the award where a decree for the payment of money passed by such court in a civil suit.

32 · Vesting of powers of Civil Court in the Claims Tribunal.-Without prejudice to the provisions of section 169 of the Act every Claims Tribunal shall exercise all the powers of a Civil Court, and in doing so for discharging its functions it shall follow the procedure laid down in the Code of Civil Procedure, 1908(5 of 1908).

33 · Receipt of compensation paid upon payment - The Claims Tribunal shall, obtain a receipt from the claimant in duplicate, one copy to be issued to the person who makes the payment and the other to be retained on the record while handing over the payment

34 · Appeal against the judgment of the Claims Tribunal.-(1) Every appeal against the judgment of the Claims Tribunal shall be preferred in the form of a memorandum signed by the applicant or the advocate duly empowered by him in this behalf; and presented to the High Court and shall be accompanied by a copy of the judgment (2) The memorandum shall set forth concisely and under distinct heads, the grounds of objections to the judgment appealed from without any argument or narrative, and such grounds shall be numbered consecutively. (3) Save as provided in sub-rules (1) and (2) the provisions of Order XLI XXI in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall mutatis mutandis apply to appeals preferred to High Court under section 173 of the Act:

35 · Certified copies.- The rules relating to the issue of certified copy as in force in Delhi for the courts subordinate to the High court shall mutatis mutandis apply in the case of the Claims Tribunal.

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: (i)Register for applications for interim award on principle of no fault liability; (ii)Register for deposit of payments in the Tribunal through cheques, etc. (2) Claim petitions o the ground of death, permanent disability, injury and damage to property shall be entered in a separate register:

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, OT for a period of twelve years after the judgment and award become final, whichever is earlier:

38 · Staff.- Every Claims Tribunal shall be provided with staff similar to that provided to the court ofan Additional District Judge in Delhi:

39 · Repeal and Savings-(1) Chapter IX of the Delhi Motor Vehicle Rules, 1993 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under any of the said rules SO repealed shall, unless such thing or action is inconsistent with any of the provisions of these rules, in a proceeding for compensation pending before the Claims Tribunal, be deemed to have been done o taken under the corresponding provisions of these rules.

1 · Registration particulars of the vehicle: a) Registration No: b Type of vehicle: Make and model: Engine No: Chassis No: f) Full name and address of the registered owner of the vehicle: g) Particulars of insurance:

2 · Driving Licence: a) Driving License No. and date of issuelexpiry: b) Name and address of license holder: Particulars of 'issuing Authority: Badge No. in case of public service vehicle: e) Detailed report if the particulars mentioned are found not genuine: 3 Route permit: