Page 689 - The Central Motor Vehicles Rules, 1989

ANNEXURE-XIII THE CENTRAL MOTOR VEHICLE RULES, 1989 661

Claims Tribunal shall proceed to conduct an inquiry under sections 168 and 169 of the
Motor Vehicles Act, 1988. The Claims Tribunal shall pass an award after hearing the
parties, within nine months from the date of the accident.
30. Cases where the Insurance Company disputes the liability
If the Insurance Company disputes the liability to pay the compensation, it shall
disclose the grounds of defence in Form-XI. If the Claims Tribunal considers the
recording of evidence necessary, the Claims Tribunal shall conduct an inquiry in terms
of sections 168 and 169 of the Motor Vehicles Act, 1988 to be completed within one year
from date of accident. If the Claims Tribunal is unable to complete the inquiry within
one year, it shall record reasons thereof in the award. The Claims Tribunal may direct
the recording of the evidence by the Local Commissioner, if the Insurance Company is
willing to bear the fees of the Local Commissioner.
31. Duty of Claims Tribunal to elicit the truth
Before passing the award on the basis of the DAR, the Claims Tribunal shall satisfy
itself that the statements made in the DAR are true and shall satisfy itself with respect
to the genuineness of the claim as well as all the relevant facts. The Claims Tribunal may
consider examining the parties under section 165 of the Evidence Act, 1872 (1 of 1872).
32. Examination of the claimant(s) before passing of the award
(1) The Claims Tribunal shall, before or at the time of passing of the award, examine
the claimant(s) to ascertain their financial condition/needs, mode of disbursement and
amount to be kept in fixed deposits.
(2) The Claims Tribunal shall ensure that the following documents of the claimants
are taken on record before the disbursement of the award amount:—
(a) Aadhaar Card and PAN Card;
(b) Details of the Aadhaar Linked Bank Account(s) of the Claimant(s) near the
place of their residence along with the proper endorsement; and
(c) Two sets of photographs and specimen signatures of the claimant(s).
33. Written submissions to be filed by the parties before the Claims Tribunals
In case written submissions are required to be filed, both the parties shall file the
written submissions with respect to their computation of compensation before the
Claims Tribunal in Form-XIII for death cases and Form-XIV for injury cases.
34. Deposit of the award amount
The respondent held liable to pay compensation by the Claims Tribunal shall give
notice of deposit of the compensation amount to the claimant(s) and shall file a
compliance report with the Claims Tribunal, either electronically or otherwise, with
respect to the deposit of the compensation amount within fifteen (15) days of the deposit
with the interest upto the date of notice of deposit to the claimant(s) with a copy to their
counsel within thirty (30) days of the award.
35. Disbursement of the award amount
The mode of release of the award amount shall be as determined by the Claims
Tribunal.
36. Protection of the award amount
The Claims Tribunal shall, depending upon the financial status and financial need
of the claimant(s), release such amount as may be considered necessary and direct the
remaining amount to be kept in fixed deposits to be released in a phased manner in
accordance with Motor Accident Claims Tribunal Annuity Deposit Scheme stipulated
in Form-XIX.