Claims Tribunals: Constitution and Jurisdiction

In one line

A Motor Accidents Claims Tribunal is a State-constituted tribunal, manned by judges, with the powers of a civil court and a summary procedure, and where one exists it takes the place of the civil court.

Section 165: who constitutes it, and for what

Who. A State Government, by notification in the Official Gazette.

How many. One or more Tribunals, for such area as the notification specifies. Where two or more are constituted for one area, the State Government may by general or special order regulate the distribution of business among them, sub-section (4).

For what. Adjudicating upon claims for compensation in respect of

• accidents involving the death of persons arising out of the use of motor vehicles,
• accidents involving bodily injury to persons so arising,
• damage to any property of a third party so arising,
• or both.

The Explanation. It declares, for the removal of doubts, that the expression covers claims for compensation under section 164. Before 1 April 2022 it read "section 140 and section 163A"; section 52 of the Motor Vehicles (Amendment) Act 2019 substituted the new reference, and it came into force with the rest of the new Chapter XI.

The Explanation exists because a no-fault claim is not a claim in tort at all: without it, a Tribunal set up to adjudicate claims arising out of accidents might have been said to have no jurisdiction over a claim that does not depend on anybody's fault.

Who sits on it

Sub-section (2). As many members as the State Government thinks fit; where there are two or more, one is appointed Chairman.

Sub-section (3): the qualification. A person is not qualified unless they

• are, or have been, a Judge of a High Court, or
• are, or have been, a District Judge, or
• are qualified for appointment as a Judge of a High Court or as a District Judge.

Every qualification is judicial. This is the answer to the objection that compensation for a road accident has been taken away from the courts: it has been given to a judge, sitting under a different name and a shorter procedure.

Section 169: procedure and powers

Sub-section (1): summary procedure. In holding an inquiry under section 168 the Tribunal may, subject to the rules, follow such summary procedure as it thinks fit. It is not bound by the Code of Civil Procedure.

Sub-section (2): the powers of a civil court. For taking evidence on oath, enforcing the attendance of witnesses, and compelling the discovery and production of documents and material objects, and for such other purposes as may be prescribed. And the Tribunal is deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure 1973, that is, for prosecuting offences against its own process, such as false evidence before it.