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Delhi Motor Accidents Claims Tribunal Rules, 2008

Delhi Motor Accidents Claims Tribunal Rules, 2008

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Sections

1. Short title and commencement.

Section 1

2. Definitions.

Section 2

3. Duties of investigating police officer in motor accident cases.

Section 3

4. Duties of the registering authority.

Section 4

5. Duties of the insurance company.

Section 5

6. Prohibition against release of motor vehicle involved in accident.

Section 6

7. Presumption about reports.

Section 7

8. Applications.

Section 8

9. Police Reports under sub-section (6) of section 158 of the Act and action thereon.

Section 158

10. Examination of applicant.

Section 10

11. Summary disposal of application.

Section 11

12. Transfer of claim cases.

Section 12

13. Notice to parties involved.

Section 13

14. Appearance and examination of the parties.

Section 14

15. Local Inspection.

Section 15

16. Inspection of the vehicle.

Section 16

17. Power of summary examination.

Section 17

18. Power to direct medical examination.

Section 18

19. Co-opting of persons during inquiry.

Section 19

20. Application for claim on principle of no fault liability.

Section 20

21. Framing of issues.

Section 21

22. Determination of issues.

Section 22

23. Summoning of witnesses.

Section 23

24. Method of recording evidence.

Section 24

25. Obtaining of supplementary information and documents.

Section 25

26. Judgment and award of compensation.

Section 26

27. Securing the interest of claimants.

Section 27

28. Appearance of legal practitioner.

Section 28

29. Adjournment of hearing.

Section 29

30. Diary.

Section 30

31. Enforcement of award of the Claims Tribunal.

Section 31

32. Vesting of powers of Civil Court in the Claims Tribunal.

Section 32

33. Receipt of compensation paid upon payment.

Section 33

34. Appeal against the judgment of the Claims Tribunal.

Section 34

35. Certified copies.

Section 35

36. Registers.

Section 36

37. Custody and preservation of the records.

Section 37

38. Staff.

Section 38

39. Repeal and Savings.

Section 39

1. Name of Police Station:

Section 1

2. Cr. No./Traffic Accident Report: Report/FIR No. (Copy to be annexed)

Section 2

3. Date, time and place of the accident:

Section 3

4. Name and full address of the injured/deceased:

Section 4

5. Name of the hospital to which he/she was removed: (Copy of X-ray Report./MLC/Post mortem Report to be annexed.)

Section 5

6. Registration number of vehicle and type of the vehicle: (copy to be annexed)

Section 6

7. Driving license particulars: (Copy to be annexed)

Section 7

8. Name and address of the owner of the vehicle at the time of the accident:

Section 8

9. Name and address of the Insurance Company with whom the vehicle was insured and the particulars of the Divisional Office of the said Insurance Company: (Copy of Cover Note/Certificate of Insurance/Policy/Receipt to be annexed)

Section 9

10. Number of Insurance Policy/Insurance Certificate and the date of validity of the Insurance Policy/ Insurance Certificate:

Section 10

11. Registration particulars of the vehicle (Class of the Vehicle)

Section 11

12. Route Permit particulars (copy to be annexed)

Section 12

13. Report about verification of Driving License, Insurance Policy, Registration Certificate permit etc. (copy of the documents to be annexed)

Section 13

14. Action taken, if any and the result thereof (Copy of Report under-section 173 of the Code of Criminal Procedure ,1973/Kalandara presented to be annexed)

Section 173

1. Registration particulars of the vehicle:

Section 1

2. Driving Licence:

Section 2

3. Route permit:

Section 3

1. Name and Father's name of the person injured/dead (Husband's name in the case of married woman and widow):

Section 1

2. Full address of the person injured/dead:

Section 2

3. Age of the person injured/dead:

Section 3

4. Occupation of the person injured/dead:

Section 4

5. Name and address of the employer of the injured/dead:

Section 5

6. Monthly income of the person injured/dead:

Section 6

7. Does the person in respect of whom compensation is claimed: pay income tax? If so, state the amount of the income tax (to be supported by documents):

Section 7

8. Place, date and time of accident:

Section 8

9. Brief particulars of the accident:

Section 9

10. Name and address of police station in whose jurisdiction the accident tool place or was registered:

Section 10

11. Was the person in respect of whom compensation is claimed travelling by the vehicle involved in the accident? If so, give the name and place of starting the journey and destination:

Section 11

12. Nature of injuries sustained and disablement, if any, caused:

Section 12

13. Name and address of the Medical Officer/Practitioner if any, who attended on the injuries:

Section 13

14. Period of treatment and expenditure, if any incurred:

Section 14

15. Registration No. and type of vehicle involved in the accident:

Section 15

16. Name and address of the owner of the vehicle:

Section 16

17. Name of the driver of the vehicle:

Section 17

18. Name and address of the insurer of the vehicle:

Section 18

19. Has any claim been lodged with the owner/Insurer if so, with what result:

Section 19

20. Name and address of the applicant:

Section 20

21. Relationship with the deceased/injured:

Section 21

22. Title of the property of the deceased/injured:

Section 22

23. Amount of compensation claimed and basis thereof:

Section 23

24. Whether reports from the police and the Registering Authority Have been obtained in Form "A" and Form "D"? (If so, to be annexed):

Section 24

25. Whether affidavit of the Applicant and witnessed as per rule 8 are annexed (give details):

Section 8

26. Whether documents mentioned in Rule 8 are being annexed duly indexed (give details):

Section 8

27. Any other information that may be necessary and helpful in the disposal of the case:

Section 27

28. Amount of compensation claimed as interim award.

Section 28

29. Reasons for claim of interim award.

Section 29

30. Whether documents mentioned in sub-rule (4) and sub-rule(5) of rule 20 have been annexed (give details)

Section 20

31. Prayer

Section 31