Page 151 - The Motor Vehicles Act, 1988

SECTION 168 THE MOTOR VEHICLES ACT, 1988 137

The principle that an amendment shall not ordinarily be allowed if the claim is barred cannot
be extended to a proceeding before Motor Accidents Claims Tribunal.—Mathew Alexander v.
Bhaskaran Pillai AIR 1990 Ker 96
In the case of joint tort-feasors liability being joint and several, it is for the claimant to realise
the entire amount awarded, from any one of the joint tort-feasors. In the case of other joint tort-
feasor who is absent and therefore not bound by the judgement to the award, the party before the
court cannot be made to pay for the other party which is not before the court.—Krishan v. Mohddin
AIR 1994 Del 10
Law permits the filing of joint claim by persons who have suffered injuries or death in the
case of same accident.—RSRTC v. Kiran Lata 1993 ACJ 130
Action for recovery of damages for personal injuries does not lie with the death of the injured.—
N. Jamal v. Narain Srinivasa Rao AIR 1994 AP 6
There cannot be the dismissal of the claim application in case there is default in taking step
for process. It is not the claimant but the court that has to see whether the process is issued.—
Dheni Ram v. Gurdip Singh 1993 ACJ 49
There cannot be stay of claim proceeding till the criminal case is disposed of on the ground
that it is likely to cause embarrassment or prejudice to the accused.—Raja Ram Garg v. Chhanju
Singh 1993 ACJ 447
The High Court while exercising writ jurisdiction cannot interfere with the finding of fact.—
Deep Chand v. Addl. Distt. Judge 1993 ACJ 665
Where a police officer files a report as regards an accident, the same can be treated as if it
were an application. Immediate relief as conferred by s. 140 cannot be denied on the ground of
technicality.—Binod Chandra Goswami v. Dr. Anandi Ram 1993 ACJ 284
If drivers of both the vehicles found negligent, claim petition is maintainable u/s 166.—Union
of India v. Hira Ram & Ors. 2004 WLC (Raj.) UC 402 (DB)
167. Option regarding claims for compensation in certain cases
Notwithstanding anything contained in the Workmen’s Compensation Act, 1923
(8 of 1923) where the death of, or bodily injury to, any person gives rise to a claim for
compensation under this Act and also under the Workmen’s Compensation Act, 1923,
the person entitled to compensation may without prejudice to the provisions of Chapter
X claim such compensation under either of those Acts but not under both.
COMMENT
Section 167 provides that notwithstanding anything contained in the Workmen’s
Compensation Act, 1923, where the death of or bodily injury to, any person gives rise to a claim
for compensation under the Motor Vehicle Act and also under the Workmen’s Compensation Act,
the person credited to compensation may without prejudice to the provisions of Chapter X claim
such compensation under either of those Acts but not under both.—Project Officer District Rural
Development Agency v. Asharaf 2011 (104) AIC 706 (Kerala H.C.)
168. Award of the Claims Tribunal
(1) On receipt of an application for compensation made under section 166, the
Claims 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 or, as the case may be, each of the claims and, subject to the provisions of
1 [section 163] may make an award determining the amount of compensation which
appears to it to be just and specifying the person or persons to whom compensation

1. Substituted for “section 162” by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019,
w.e.f. 1-4-2022 vide SO 859(E), dt. 25-2-2022.