Page 690 - The Central Motor Vehicles Rules, 1989

662 THE CENTRAL MOTOR VEHICLES RULES, 1989 ANNEXURE-XIII

37. Claims Tribunal shall deal with the compliance of the provisions in the award
The Claims Tribunal shall incorporate the summary of computation of
compensation in the award in Form-XV for death cases and in Form-XVI for injury cases.
The Claims Tribunal shall also incorporate the compliance of the procedure prescribed
in this Annexure in Form-XVII.
38. The Claims Tribunal shall fix a date for reporting compliance
(1) The Claims Tribunal shall fix a date for reporting of compliance with the
procedure in this Annexure, and shall direct the Insurance Company, and/or
driver/owner to place on record the proof of deposit of the compensation amount with
upto date interest, the notice of deposit and the calculation of interest on the date so
fixed. Upon such proof being filed, the Claims Tribunal shall ensure that the interest
upto the date of notice of deposit has been deposited by the party concerned.
(2) If the award amount is not deposited within the stipulated period, the Claims
Tribunal shall, after expiry of ninety (90) days from the date of an award, on an
application by the Decree Holders in this regard, execute the award in accordance with
sub-section (4) of sections 169 and section 174 of the Motor Vehicles Act, 1988.
(3) The Claims Tribunal shall execute its award in terms of the principles laid down
by the Supreme Court in this regard, and if the award of the Claims Tribunal is stayed
by the High Court in appeal, the Claims Tribunal shall close the matter with liberty to
the claimant(s) to revive it after the decision of the appeal.
39. Copy of the DAR as well as the award to be sent to the concerned criminal court
The Claims Tribunal shall send a certified copy of the award to the concerned
criminal court. The Investigating Officer shall submit a copy of the DAR before the
concerned criminal court within seven days of submitting the same before the Claims
Tribunal. The Investigating Officer shall also submit the copy of the award passed by
the Claims Tribunal before the concerned criminal court within seven days of the
passing of the award.
40. Copy of the award to be sent to the State Legal Services Authority
The Claims Tribunal shall send the copy of the award to the State Legal Services
Authority.
41. Record of awards of the Claims Tribunal
The record of the awards passed by the Claims Tribunals shall be maintained in a
chronological order according to the date of the award in such a manner that it is easy
for the litigants/lawyers to ascertain whether the compensation has been received or
not. The format of the record of the awards shall be in Form-XVIII.
42. Victim Impact Report (VIR) to be filed by State Legal Services Authority before
the concerned criminal court
After the conviction of the driver in the criminal case, the concerned criminal court
shall send the copy of the judgment as well as the affidavit of the accused with respect
to his assets and income to the State Legal Services Authority, and they shall conduct a
summary inquiry and submit a Victim Impact Report (VIR) before the concerned
criminal court within thirty (30) days of the conviction, as per Form-XII.