Page 149 - The Motor Vehicles Act, 1988

SECTION 166 THE MOTOR VEHICLES ACT, 1988 135

(3) A person shall not be qualified for appointment as a member of a Claims
Tribunal unless he—
(a) is, or has been, a Judge of a High Court, or
(b) is, or has been a District Judge, or
1
(c) is qualified for appointment as a High Court Judge [or as a District Judge.]
(4) Where two or more Claims Tribunals are constituted for any area, the State
Government, may by general or special order, regulate the distribution of business
among them.
COMMENTS
Section 165 states that the State Government may constitute Motor Accidents Claims
Tribunals for the purpose of adjudicating upon claims for compensation in respect of accidents
involving the death of, or bodily injury to, person arising out of the use of motor vehicles or damages
to any property of a third party so arising, or both.—Project Officer District Rural Development
Agency v. Asharaf 2011 (104) AIC 706 (Kerala H.C.)
Section 165(1) empowers a Claim Tribunals to decide the claim for compensation in respect
of accidents involving the death of or bodily injury to, persons arising out of use of motor vehicle.—
Shamim Bano v. Rajesh Kumar 2009 (78) AIC 749 (Madhya Pradesh H.C.)
The Tribunal has all the trappings of a civil court with the duty to safeguard the interest of
the claimants.—Orient Insurance Co. Ltd. v. K.R. Shivaprakash 1993 ACJ 247
Tribunal has got the inherent jurisdiction to enforce its award in an area outside its territorial
limits through any civil court and the Tribunal shall be within its power to follow the procedure
applicable to civil courts in the absence of specific provisions under the Act.—Sarmenija Bai v.
Madhya Pradesh Rajya Parivahan Nigam AIR 1990 MP 306
Claims Tribunal is competent to decide the genuineness of the will. The amount claimed by
way of compensation and its entitlement has to be decided by the Tribunal being a matter incidental
to and connected with the exercise of jurisdiction under s. 165.—Lakshmanan v. Motor Accident
Claims Tribunal 1993 ACJ 544
Motor Accident Claims Tribunal is a court within the meaning of the expression used in the
Civil Procedure Code.—State of Assam v. Pranesh Desnath 1933 (2) ACC 257
The Motor Claims Tribunal being a civil court subordinate to High Court for the purpose of s.
29 of CPC, a transfer petition is maintainable under s. 24 of CPC. Motor Vehicles Act does not
curtail the powers of the High Court under art. 227 of the Constitution fixing the territorial jurisdiction
of the Tribunal constituted thereunder.—Kanniammal v. P. Narayana AIR 1989 Mad. 350
Claims Tribunal is a court subordinate to High Court and revision lies against its order under
s. 115, CPC.—Darshan Singh v. Ghewar Chand 1993 ACJ 534
166. Application for compensation
(1) An application for compensation arising out of an accident of the nature
specified in sub-section (1) of section 165 may be made—
(a) by the person who has sustained the injury; or
(b) by the owner of the property; or
(c) where death has resulted from the accident, by all or any of the legal
representatives of the deceased; or

1 Inserted by Act 54 of 1994, w.e.f. 14-11-1994.