The Award of the Claims Tribunal

In one line

The Tribunal gives notice to the insurer, hears the parties, holds an inquiry, and makes an award of the compensation that appears to it to be just, saying who must pay it and to whom.

Section 168(1): the four things an award must do

On receipt of an application under section 166 the Tribunal shall, after giving notice of the application to the insurer and after giving the parties including the insurer an opportunity of being heard, hold an inquiry into the claim and, subject to the provisions of section 163, may make an award

1. determining the amount of compensation which appears to it to be just,
2. specifying the person or persons to whom compensation shall be paid, and
3. specifying the amount which shall be paid by the insurer, or the owner, or the driver of the vehicle involved, or by all or any of them.

The proviso, which sent a claim under the old section 140 to be disposed of under the repealed Chapter X, was omitted with effect from 1 April 2022, and the reference in the opening words was changed from section 162 to section 163 by section 54 of the amending Act.

The new cross-reference is not a technicality. Section 163 requires the Tribunal, before awarding compensation, to verify whether hit and run compensation under section 161 has already been paid or applied for, and to direct a refund of so much of the award as equals what was paid.

"Just" is the whole standard. The Act does not say "damages", and it does not adopt the measure of the Fatal Accidents Act 1855. In Gujarat State Road Transport Corporation v. Ramanbhai Prabhatbhai, AIR 1987 SC 1690, the Supreme Court described the Tribunal's task as determining what compensation appears to it to be just and specifying the persons to whom it is payable. How that figure is worked out is chapter [Computing Just Compensation].

Section 168(2) and (3): copies and deposit

(2) Copies. The Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within fifteen days from the date of the award.

(3) Deposit. The person required to pay shall, within thirty days of the date of announcing the award, deposit the entire amount awarded in such manner as the Tribunal may direct.

Thirty days from announcing, not from receiving the copy. The two periods run from different events and a student who confuses them will get the sequence wrong.

Section 170: letting the insurer fight the whole case

Ordinarily the insurer may resist a claim only on the limited statutory grounds, which are worked out in chapter [The Insurer: Duties, Defences and Pay and Recover]. Section 170 is the exception. Where in the course of an inquiry the Tribunal is satisfied that