EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 4 CUTTACK, WEDNESDAY, JANUARY 2, 2019/PAUSA 12, 1940

COMMERCE & TRANSPORT (TRANSPORT) DEPARTMENT

NOTIFICATION

The 28th December, 2018

No. 10768–TRN-LC-MISC-0098-2018/T.— The following draft of certain rules which

the State Government proposes to make in exercise of the powers conferred by Section

176 of the Motor Vehicles Act, 1988 (59 of 1988), and in supersession of the Odisha Motor

Vehicles (Accident Claims Tribunal) Rules, 1960, except as respect things done or omitted

to be done before such supersession, is hereby published as required under sub-section

(I) of Section 212 of the said Act for information of all persons likely to be affected thereby

and notice is hereby given that the said draft will be taken into consideration on or after the

period of thirty days from the date of publication of this notification in the Odisha Gazette.

Any objection or suggestion which may be received from any person in respect of

the said draft before the expiry of the period so specified will be considered by the State

Government.

DRAFT

1. Short title and commencement:—

(1) These rules may be called the Odisha Motor Vehicles (Accidents Claims

Tribunal) Rules, 2018;

(2) They shall come into force from the date of their publication in the

Odisha Gazette.

2. Definitions:—

(1) In these rules, unless the context otherwise requires:—

(a) “Act” means the Motor Vehicles Act, 1988 (59 of 1988);

(b) “accident” means an accident involving the death of, or bodily injury to

persons arising out of the use of motor vehicles, or damages to any

property of a third party so arising or both;

under section 165 of the Act;

(d) “Form” means a form appended to these rules;

(e) “Insurance Company” means the insurance company with which a motor

vehicle involved in an accident was insured for the relevant period;

(f) “investigating officer” means a police officer not below the rank of Sub-

Inspector of a police station within whose jurisdiction an accident involving

a motor vehicle occurs;

(g) “legal representative” shall have the same meaning assigned to it under

clause (11) of Section 2 of the Code of Civil Procedure, 1908 (5 of 1908).

(2) All other words and expressions used in these rules but not defined shall have

the same meaning as have been respectively assigned to them under the

Motor Vehicles Act, 1988(59 of 1988) and rules made thereunder.

3. Duties of the investigating officer in motor accident cases:—

(1) Notwithstanding anything contained to the contrary in any other Act and Rules in

force, it shall be the duty of the investigating officer, as expeditiously as possible

to:—

(a) get the scene of accident photographed from such angles as to clearly

depict, and in case of inability to do so, prepare a site plan, drawn to scale,

as to indicate the lay-out and width, etc. of the road or place, as the case

may be, the position of vehicle, or person, involved, and such other facts

as may be relevant so as to preserve the evidence in this regard, inter alia

for purposes of proceedings before the Claims Tribunal;

(b) gather full particulars of the insurance certificate or policy in respect of the

motor vehicle involved in the accident and to require the production of

documents mentioned in sub-section (1) of Section 158 of the Act, and

thereupon either to take the same in possession against receipt, or to

retain the photocopies of the same, after attestation thereof by the person

producing the same;

obtaining confirmation in writing from the office or authority purporting to

have issued the same;

(d) submit detailed report regarding an accident to the Claim Tribunal, in

Form A by not later than thirty days of the receipt of order in Form-B

accompanied by requisite documents which shall include copy of the

report under section 173 of the Code of Criminal Procedure, 1973(2 of

1974),Medico Legal Certificate, post-mortem report (in case of death), first

information report, photographs, site plan, photocopies of documents

mentioned in clause (c), report regarding confirmation of genuineness

thereof, if received, or otherwise action taken;

(e) Furnish to the applicant information and particulars about the accident in

Form A within thirty days, on receiving the application in Form C by the

person who wishes to make an application for compensation and who is

involved in an accident, or his next of kin, or the legal representative of the

deceased, or the insurance company, as the case may be:

Provided that such information shall be given to the Insurance

Company on payment of a fees of rupees ten only per page on request;

(f) not to release and impound the vehicle involved in the accident, when it is

found that it is not covered by policy of insurance of third party risks, taken

in the name of the registered owner, or when the registered owner fails to

furnish copy of such insurance policy, and bring this to the notice of the

Magistrate having jurisdiction over the area, where the accident occurred.

(g) report to the Magistrate mentioned in clause (f), as to why the registered

owner has not been prosecuted for offence punishable under section 196

of the Act, where such prosecution has not been preferred, despite

existence off acts constituting such an offence.

(2) The duties enumerated in sub-rule (1) shall be followed by the investigating officer

and any breach thereof shall entail initiation of disciplinary proceeding.

4. Duties of the Registering Authority:—

It shall be the duty of the concerned registering authority to—

(a) submit a detailed report in Form D to the Claims Tribunal regarding a motor

vehicle involved in an accident or license of the driver thereof within

fifteen days of the receipt of direction in Form-E;

(b) furnish within fifteen days, the requisite information in Form D on receiving

the application in Form F, by the person who wishes to make an

application for compensation or who is involved in an accident arising out

of use of motor vehicle or his next of kin, or to the legal representative of

the deceased or to the Insurance Company, as the case may be:

Provided that the information shall be given to the insurance

company on payment of rupees ten only per page on request.

5.Duties of the Insurance Company:—

It shall be the duty of the Divisional Manager of the Insurance Company, as

expeditiously as possible to:-

(a) move an application in Form “C” before the investigating officer with

prescribed fees and gather full information about the accident, at the

earliest, after receiving information about it, or on receipt of notice from the

Claims Tribunals under rule 13;

(b) ascertain and verify facts about insurance of motor vehicle involved in the

accident and confirm the same to the Claims Tribunal within thirty days of

receiving notice of the claim case;

gather

information

about

the

motor

vehicle

involved,

and

the

driving license held by the driver thereof as per details mentioned in Form-

(d) deposit with the written statement in the Claims Tribunal, the amount

equivalent to the compensation, awardable on the principle of no fault

liability under section-140 of the Act in such cases where the information

received in Form-A and Form-D confirms death or permanent disability to

have been caused as a result of the use of the motor vehicle covered by

the insurance certificate or policy issued by it.

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

(1) No court shall release a motor vehicle involved in an accident resulting in death or

bodily injury or damage to property, when such vehicle is not covered by the

policy of insurance against third party risks taken in the name of registered owner

or when the registered owner fails to furnish copy of such insurance policy

despite demand by investigating officer,unless and until the registered owner

furnishes sufficient security to the satisfaction of the court to pay compensation

that may be awarded in a claim case arising out of such accident.

(2) Where the motor vehicle is not covered by a policy of insurance against third party

risks, or when registered owner of the motor vehicle fails to furnish copy of such

policy in circumstance mentioned in sub-rule(1), the motor vehicle shall be sold

off in public auction by the magistrate having jurisdiction over the area where

accident occurred, on expiry of three months of the vehicle being taken in

possession by the investigating officer, and proceeds thereof shall be deposited

with the Claims Tribunal having jurisdiction over the area in question, within

fifteen days for purpose of satisfying the compensation that may have been

awarded, or may be awarded in a claim case arising out of such accident.

7. Presumption about reports:—

The contents of reports submitted to the Claims Tribunal in Form-A and Form-D by

investigating officer and concerned registering authority respectively, and confirmation

under clause (b) of rule 5 by the insurance company shall be presumed to be correct,

and shall be taken as evidence without formal proof, till proved to the contrary.

8. Applications for compensation:—

(1) Every application duly filled in and signed by the applicant for payment of

compensation under sub-section(1) of the Section 166 of the Act shall be made

in Form-G and shall be accompanied by the fee prescribed in sub-rule(1) of rule

39 to the Claims Tribunal having jurisdiction to adjudicate upon it.

(2) There shall be appended to every such application:—

(a) an affidavit of the applicant to the effect that the statement of facts

contained in the application is true to the best of his knowledge or belief,

as the case may be, and further if the applicant has earlier preferred any

claim petition with regard to the same cause of action, and if so, what was

the result thereof;

(b) all the documents and affidavits for the proof thereof, and affidavits in

support of all facts on which the applicant relies in context of his claim,

entered in a properly prepared list of documents and affidavits:

Provided that the Claims Tribunal may not allow the applicant to rely

in support of his claim, on any document or affidavit not filed with the

application, unless it is satisfied that for good or sufficient cause, he was

prevented from filing such document or affidavit earlier;

unless exempted from doing so for reasons to be recorded in writing by it;

(d) passport size photograph of the applicant duly attested by the conducting

advocate of applicant

(e) reports obtained in Form-“C” and Form-“D” from investigating officer, and

registering authority, respectively; and if no such report have been

obtained reasons therefor;

(f) medical certificate of injuries, or the effect thereof, other than those included

in Form C.

(3) The Claims Tribunal may also require the applicant to furnish the following

information to satisfy itself that spurious or a collusive claim has not been

preferred, namely:—

(a) full particulars of all earlier accidents in which the applicant or the person

deceased, as the case may be, has been involved;

(b) the amount of compensation paid in such earlier accidents, name

and particulars of the victim, and of the person who paid the damages;

and

(4) Any application which is found defective on scrutiny may be returned by

the Claims Tribunal for being re-submitted after removing the defects within as

pecified period not exceeding two weeks.

(5) Every application for compensation shall be registered separately inappropriate

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

thereon:—

(1) The Police report in terms of sub-section (6) of Section 158 of the Act by the

police shall mutatis mutandis be in Form-A.

(2) On receipt of report mentioned in sub-rule (1), the Claims Tribunal shall go

through the same and may call for such further information or material as

considered necessary for proper and effective action in accordance with sub-

section(4) of Section 166 of the Act.

(3) The Claims Tribunal after examination of the report, further information or

material, if called for, shall register the claim case thereon and, then, issue notice

for appearance to all parties concerned, which would include the victim of the

accident, or his/her legal representative, as the case may be, driver, owner and

insurer of the vehicle involved, in Form-H.

(4) On receipt of notice, the parties mentioned in the forgoing provision would be

required to appear and declare through affidavit, if any claim case had either

been preferred, or was being preferred in respect of the same cause of action,

and if so, the police report treated as claim case would be tagged to such claim

case preferred independently by the parties.

(5) If the person injured, or legal representative of the person deceased do not

appear in response to the notice aforementioned in the manner indicated above,

the Claims Tribunal may presume that the said parties were not interested in

pursuing the claim for any compensation in such proceedings, and on such

presumption it shall close the case.

(6) Unless the report under sub-rule (1) treated as claim case stands tagged to

independent claim case preferred by the parties themselves, the Claims

Tribunal shall call upon the person injured or legal representative of the person

deceased, as the case may be, and who may have appeared in response to the

notice, to submit statement of facts regarding compensation,if any claimed by

them, which statement of facts shall be along the lines required to be furnished in

application in Form-G.

(7) If statement of facts about compensation claimed and basis thereof are furnished

by the parties in the manner indicated in sub-rule(6), the case shall be further

proceeded with in the same manner as required to deal with applications moved

by the parties for compensation directly before the Claims Tribunal.

(8) If after statement of facts about compensation claimed has been furnished by the

party, which subsequently commits default in appearance, the provisions of

Order IX of the Code of Civil Procedure, 1908(5 of 1908)would apply:

Provided that in case the accident in question involves more than one

vehicle and persons connected to all such vehicles stake claim for compensation, the

police report treated as claim case shall be presumed to bea claim case preferred by

each of them and absence by any one or more of such parties shall not prejudice or

affect the claim of the party which continues to appear.

10. Examination of applicant:—

On receipt of an application under rule-8, the Claims Tribunal may examine the

applicant on oath, and the substance of such examination, if any, shall be reduced to

writing.

11.Summary disposal of application:—

The Claims Tribunal may, after consideration of the application and statement, if

any, of the applicant recorded under rule 10, dismiss the application summarily, if for

reasons to be recorded, it is of the opinion that there are no sufficient grounds for

proceeding therewith.

12. Transfer of claim cases:—

(1) The District Judge shall have the power to transfer an application for claim from

the file of one Claims Tribunal, before whom the application is pending, to any

other Claims Tribunal, if;

(a) the Claims Tribunal before whom the application is pending makes sucha

request on grounds, personal or otherwise; or

(b) upon consideration of the application for transfer by any party to the

application, the District Judge is satisfied, for reasons to be recorded in

writing, that there are sufficient grounds to do so.

(2) The High Court may transfer the application from the file of one Claims Tribunal

to the other Claims Tribunal for any sufficient reasons.

13. Notice to parties involved:—

If the application for claim is not dismissed under rule 11, the Claims Tribunal shall

send to the opposite parties a copy of the application along with all the documents and

affidavits filed by applicant under rule 8 together with a notice in Form “I” of the date on

which it will hear the application, and may call them upon to file on that date a written

statement as per rule 14 in answer to the application:

Provided that, if documents filed by the applicant are voluminous, and

insistence on providing copies thereof would be unnecessarily expensive or

cumbersome, the Claims Tribunal may dispense with the requirement to send copies

thereof to the opposite parties.

14. Appearance and examination of the parties:—

(1) The person against whom the applicant claims relief (hereinafter referred to as

‘opposite party’) shall at or before the first hearing, or within such further time as

the Claims Tribunal may allow, file a written statement dealing with the claim

raised in the application, and any such written statement shall form part of the

record.

(2) The opposite party shall file with his written statement, all the documents and

affidavits for the proof thereof and also affidavits in support of all facts on which

he relies in context of his defence of the application, duly entered in a properly

prepared list of documents and affidavits and shall give to the applicant copies of

the written statement, documents and affidavits:

Provided that the Claims Tribunal may not allow the opposite party to rely

in support of his defence on any document or affidavit not filed along with the written

statement unless it is satisfied that, for good or sufficient cause, he was prevented

from filling such document or affidavit earlier.

(3) If the opposite party contests the claim, the Claims Tribunal may,and if no written

statement has been filed, it shall, proceed to examine him upon the claim and

shall reduce the substance of the examination to writing.

(4) The Claims Tribunal may also require the opposite parties to furnish the following

information, namely:—

(a) full particulars of all earlier accidents in which such party may have been

involved, and in which the claims have been awarded at least in part;

(b) the amount of compensation paid in such earlier accidents, the name(s)

and address of the victims and of the persons who paid the damages; and

15. Local Inspection:—

(1) The Claims Tribunal may, suo moto or at the instance of a party at any time

during the course of a proceeding before it, visit the site at which the accident

occurred for the purpose of making local inspection or examining any persons

likely to be able to give information relevant to the proceedings.

(2) Any party to a proceeding or representative of any such party, may accompany

the Claims Tribunal for a local inspection.

(3) The Claims Tribunal after making a local inspection shall note briefly in a

memorandum any facts observed, and such memorandum shall form part of the

record of proceeding.

(4) The memorandum referred to in sub-rule (3) may be shown to any party to the

proceedings who desires to see it and a copy thereof may, on application, be

supplied to any such party.

(5)The Claims Tribunal may, if any journey is undertaken for the purpose specified in

this rule at the instance of a party, require the party, to deposit before hand an

amount equivalent to the actual expenses likely to be incurred by it and its staff

for the purpose, and draw only the amount so deposited by the parties to meet all

the incidental expenditure in connection with such journey.

16. Inspection of the vehicle:—

The Claims Tribunal may, if it thinks fit, require the motor vehicle involved in the

accident to be produced by the owner for inspection at a particular time and place to

be mentioned by it, in consultation with the owner.

17. Power of summary examination:—

The Claims Tribunal during the local inspection or at any other time at a formal

hearing of a case pending before, it may, examine summarily any person likely to be

able to give information relating to such case, whether such person has been or is to

be called as a witness in the case or not and whether any or all of the parties are

present or not.

18. Power to direct medical examination:—

The Claims Tribunal may, if it considers necessary, direct, in Form-J, any medical

officer or any board of medical officers in a Government or municipal hospital to

examine the injured and issue certificate indicating the degree and extent of the

disability, if any, suffered as a result of the accident, and it shall be the duty of such

medical officer or board to submit the report within fifteen days of receipt of direction.

19. Co-opting of persons during inquiry:—

(1) The Claims Tribunal may if it thinks fit, co-opt one or more persons possessing

special knowledge with respect to any matter relevant to the inquiry, to assist in

holding the inquiry.

(2) The remuneration, if any, to be paid to the person co-opted shall in every case be

determined by the Claims Tribunal.

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

(1) Every application in case of claim under Chapter X of the Act, shall be made in

part II of Form-G.

(2) The Claims Tribunal shall, for the purpose of adjudication of the application

mentioned in this rule shall follow such summary procedure as it thinks fit.

(3) The Claims Tribunal shall not reject any application made as per the provisions of

Chapter X of the Act on the ground of any technical flaw, but shall give notice to

the applicant and get the defect rectified.

(4) Where the application is not accompanied by reports in From-A and Form-D, the

Claims Tribunal shall obtain whatever information is necessary from the police,

medical and other authorities and proceed to adjudicate upon the claim whether

the parties who were given notice appear or not on the appointed date.

(5) The Claims Tribunal shall expeditiously proceed to award the claims on the basis

of reports in Form-A and Form-D and further documents relating to injuries

or treatment, if any filed with the affidavit, and report or certificate, if any, issued

in compliance with directions under rule 18.

(6) The Claims Tribunal in passing an award on such application shall also issue

directions for apportionment, if required, and for securing the interests of the

claimants, following the provisions of rules 26 and 27.

21. Framing of issues:—

After considering the application, the written statements, the examination of the

parties, if any, and the result of any local inspection, if made, the Claims Tribunal shall

proceed to frame and record the issues upon which the decision of the case appears

to it to depend.

22. Determination of issues:—

(1) After framing the issues, the Claims Tribunal shall proceed to decide them after

allowing both parties to cross examine each other and the deponents, whose

affidavits have been filed by the parties, on such affidavits filed with the

application and the written statement and in doing so, it shall follow provision of

Order XIX of the Code of Civil Procedure, 1908 (5 of 1908).

(2) The Claims Tribunal may, if it appears to it to be necessary for just decision of the

case, allow the parties to adduce such further evidence as each of them may

desire to produce:

Provided that no such further opportunity shall be permitted unless it is

shown that the affidavit of the witness sought to be examined at such stage could not

be obtained and filed earlier, despite exercise of due diligence by, or that such

evidence was not within the knowledge of the party relying on it.

23. Summoning of witnesses:—

Subject to the provisions of rule 22, if an application is presented by any party to the

proceeding for the summoning of witnesses, the Claims Tribunal shall, on payment of

the expenses involved, if any, issue summons for the appearance of such witness

unless it considers that their appearance is not necessary for a just decision of the

case:

Provided that if, in the opinion of the Claims Tribunal, the party is financially

poor, it may not insist on the payment of the expenses involved and the same shall be

borne by the Government:

Provided further that in case where the party succeeds in whole or in part,

the expenses so incurred by the Government shall be directed to be paid to the

Government by the opposite party.

24. Method of recording evidence:—

The Claims Tribunals shall, as examination of witnesses proceeds, make brief

memorandum of the substance of the evidence of each witness and such

memorandum shall be written and signed by the Presiding Judge of the Claims

Tribunal and shall form part of the evidence:

Provided that, evidence of any expert witness shall be taken down, as nearly

as may be, word for word.

25. Obtaining of supplementary information and documents:—

The Claims Tribunal shall obtain whatever supplementary information and

documents, which may be found necessary from the police, medical and other

authorities and proceed to adjudicate upon the claim whether the parties who were

given notice appear or not on the appointed date.

26. Judgment and award of compensation:—

(1) The Claims Tribunal in passing orders shall record concisely in a judgment, the

findings on each of the issues framed and the reasons for such findings and

make an award specifying the amount of compensation to be paid by the

opposite party or parties and also the person or persons to whom compensation

shall be paid.

(2) The procedure of adjudicating the liability and award of compensation may be set

apart from the procedure of disbursement of compensation to the legal heirs in a

case of death, and where the Claims Tribunal feels that the actual payment to the

claimant is likely to take some time because of the identification and

determination of legal heirs of the deceased, the Claims Tribunal may call for the

amount of compensation awarded to be deposited with it, and, then, proceed with

the identification of the legal heirs for disbursing payment of compensation to

each of the legal heirs equitably.

27. Securing the interest of claimants:—

(1) Where any lump sum amount deposited with the Claims Tribunal is payable to a

woman ora person under legal disability, such sum may be invested, applied or

otherwise dealt with for the benefit of the woman or such person during this

disability in such manner as the Claims Tribunal may direct to be paid to any

dependent of the injured or heirs of the deceased or to any other person whom

the Claims Tribunal thinks best fitted to provide forthe welfare of the injured or the

legal heir of the deceased.

(2) Where on application made to the Claims Tribunal in this behalf or otherwise, the

Claims Tribunal is satisfied that on account of neglect of the children on the part

of the parents, or on account of the variation of the circumstances of any

dependent, or for any other sufficient cause, an order of the Claims Tribunal as to

the distribution of any sum paid as compensation or as to the manner in which

any sum payable to any such dependent is to be invested applied or otherwise

dealt with, ought to be varied, the Claims Tribunal may make such further orders

for the variation of the former order as it thinks just in the circumstances of the

case.

(3) The Claims Tribunal shall, in the case of minor, order that amount of

compensation awarded to such minor be invested in fixed deposits till such minor

attains majority and the expenses incurred by the guardian or the next friend may

be allowed to be withdrawn by such guardian or the next friend from such

deposits before it is deposited.

(4) The Claims Tribunal shall, in the case of illiterate claimants, order that the

amount of compensation awarded be invested in fixed deposits for a minimum

period of three years, but if any amount is required for effecting purchase of any

moveable or immovable property for improving the income of the claimant, the

Claims Tribunal may consider such a request after being satisfied that the

amount would be actually spent for the purpose and the demand is not a ruse to

withdraw money.

(5) The Claims Tribunal shall, in the case of semi-literate person resort to the

procedure for the deposit of award amounts set out in sub-rule(4)unless it is

satisfied, for reasons to be recorded in writing that the whole or part of the

amount is required for the expansion of any existing business or for the purchase

of some property as specified and mentioned in sub-rule (4) in which case the

Claims Tribunal shall ensure that the amount is invested for the purpose for

which it is prayed for and paid.

(6) The Claims Tribunal may in the case of literate persons, also resort to the

procedure for deposit of awarded amount specified in sub-rules (4) and (5) if

having regard to the age, fiscal background and state of society to which the

claimant belongs and such other consideration, the Claims Tribunal in the larger

interest of the claimant and with a view to ensuring the safety of the

compensation awarded, thinks it necessary to order.

(7) The Claims Tribunal may in personal injury cases, if further treatment is

necessary, on being satisfied which shall be recorded in writing, permit the

withdrawal of such amount as is necessary for the expenses of such treatment.

(8) The Claims Tribunal shall, in the matter of investment of money, have regard to a

maximum return by ways of periodical income to the claimant and make it

deposited with public sector undertakings of the State or Central Government

which offers higher rate of interest.

(9) The Claims Tribunal shall, in investing money, direct that the interest on the

deposits be paid directly to the claimants or the guardian of the minor claimants

by the institutions holding the deposits under intimation to the Claims Tribunal.

28. Appearance of legal practitioner:—

The Claims Tribunal may, in its discretion, allow any party to appear before it

through a legal practitioner.

29. Adjournment of hearing:—

If the Claims Tribunal finds that an application cannot be disposed of at one

hearing, it shall record the reasons which necessitate the adjournment and also inform

the parties present of the date of adjourned hearing.

30. Diary:—

The Claims Tribunal shall, maintain a brief diary of the proceedings on the

application.

31. Enforcement of award of the Claims Tribunal:—

Without prejudice to its power under section 174 of the Act, the Claims Tribunal

shall, for the purpose of enforcement of its award, have all the powers of a Civil Court

in the execution of a decree under the Code of Civil Procedure,1908(5 of 1908), as if

the award where a decree for the payment of money passed by such court in a civil

suit.

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

Without prejudice to the provisions of Section 169 of the Act, every Claims

Tribunal shall exercise all the powers of a Civil Court, and in doing so for discharging

its functions, it shall follow the procedure laid down in the Code of Civil Procedure,

1908(5 of 1908).

33. Receipt of compensation paid upon payment:—

The Claims Tribunal shall, obtain a receipt from the claimant in duplicate, one copy

to be issued to the person who makes the payment and the other to be retained on the

record while handing over the payment.

34. Appeal against the judgment of the Claims Tribunal:—

(1) Every appeal against the judgment of the Claims Tribunal shall be preferred in the

form of a memorandum signed by the applicant or the advocate duly

empowered by him in this behalf, and presented to the High Court and shall be

accompanied by a certified copy of the judgment.

(2) The memorandum shall set forth concisely and under distinct heads,the grounds

of objections to the judgment appealed from without any argument or narrative,

and such grounds shall be numbered consecutively.

(3) Save as provided in sub-rules (1) and (2) , the provisions of Order XLI and XXI in

the First Schedule to the Code of Civil Procedure, 1908 (5of 1908) shall mutatis

smutandis apply to appeals preferred to High Court under section 173 of the Act.

35. Certified copies:—

The rules relating to the issue of certified copy as in force in Odisha for the Courts

subordinate to the High Court shall mutatis mutandis apply in the case of the Claims

Tribunal.

36. Registers:—

(1) The Claims Tribunal shall maintain, in addition to all registers required to be

maintained by a court of Additional District Judge in Odisha, the following

registers:—

(i) Register for applications for interim award on principle of no faultliability;

(ii)Register for deposit of payments in the Tribunal through cheques, etc.

(2) Claim petitions on the ground of death, permanent disability, injury and damage

to property shall be entered in a separate register.

37. Custody and preservation of the records:—

The necessary documents and records relating to the cases shall be preserved in

the record room fora period of six years of the satisfaction of the award, if any granted,

or for a period of twelve years after the judgment and award become final,whichever is

earlier.

38. Staff:—

Every Claims Tribunal shall be provided with staff similar to that provided to the

Court of an Additional District Judge in Odisha.

39. Fees:—

(1) Every application under sub-section (1) of Section 166 of the Act, for payment of

compensation shall be accompanied by a fee as shown in column (2) of the table

below against the claim mentioned in column (1) thereof in the form of Court fee

stamps,

TABLE

Amount of claim

(1)

Amount of Court-fee

(2)

Up to Rs.5,000/-

Rs.10/-

Above Rs.5,000 up to Rs.50,000/-

¼ per cent of the amount of

claim.

Above Rs.50,000/- up to

Rs.1,00,000/-

½ per cent of the amount of

claim.

Above Rs.1,00,000/-

1 per cent of the amount of claim.

(2) The Claims Tribunal may, in its discretion, exempt a party from the payment of fee

prescribed under sub-rule (1):

Provided that where the claim of a party is accepted, whether in full or in

part, by the Claims Tribunal, the party shall be liable to pay the fees exempted

under this sub-rule, at the time of receiving the award.

(3) All applications for copies of judgments passed under these rules shall be filed

before the Claims Tribunal in accordance with the relevant rules in the

General Rules and Circular Orders of the High Court of Judicature, Orissa (Civil).

(4) The fee for filling an appeal under rule 34 shall be one-half of the fee payable

under sub-rule (1) according to the amount of the claim as covered by the

appeal.

40. Filing of return:—

The Claims Tribunal shall furnish a quarterly return to the State Government

stating the number of motor accident claim cases disposed of by it in Form-K.

FORM- A

(See rules 3,5 and 7)

Report of Investigating Officer

To.

______________________

Sir,

This is with reference to the order/application dated ________________ in Case

No.__________________________ Title__________________.The requisite information

is given below:-

1. Name of Police Station:

2. Station Diary entry No. / FIR No.

(Copy to be annexed)

3. Date, time and place of the accident:

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

5. Name of the hospital to which he/she was removed:

(Copy of X-ray Report./Medico Legal Certificate/Post-mortem Report to be

annexed.)

6. Registration number of vehicle and type of the vehicle:

(Copy to be annexed)

7. Driving license particulars:

(Copy to be annexed)

(a) Driving license No. and Date of expiry

(b) Name and address of the driver:

(d) Badge No.( in case of Public Service Vehicle):

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

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)

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

of the Insurance Policy/ Insurance Certificate:

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

(a) Registration No:

(b) Engine No:

12. Route Permit particulars (copy to be annexed)

13. Report about verification of Driving License, Insurance Policy, Registration

Certificate permit etc. (copy of the documents to be annexed)

14. Action taken, if any and the result thereof (Copy of Report under-section 173 of

the Code of Criminal Procedure,1973 to be annexed)

Encl: (give details) (Investigating Officer)

_________________ Police Station

Verified that the contents of above report are correct as per Investigation done by

the Police Station.

Inspector / Officer in-charge,

Date: ________________ Police Station.

FORM - B

(See rule 3)

Order to Investigating Officer

BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL: _______________

Case No:

Title:_________________Vs.____________________

Subject: F.I.R. No._______________

The Inspector / Officer in-charge,

_______________Police Station,

Dist. - _____________________

ORDER

Whereas the claim petition mentioned above seeking payment of compensation has

been preferred in this Tribunal in connection with the accident which is stated to be subject

matter of investigation by you through FIR particulars captioned above;

And whereas the law enjoins upon you to make available to the parties concerned

under the provisions of Section 160 of the Motor Vehicle Act, 1988 and to this Tribunal

under the provisions of sub-section (6) of Section 158 of the said Act read with rule 150 of

the Central Motor Vehicles Rules, 1989 and rule 3 of the Odisha Motor Vehicles

(Accidents Claims Tribunal) Rules, 2018, document in the nature of-

(1) Identification marks and other particulars of the vehicle which caused the

accident:

(2) Name and address of the person who was driving or using the same at the

time of accident:

(3) Name and address of the person who was injured, or description of property

damage;

(4) Copy of FIR:

(5) Report under section 173 of the Code of Criminal Procedure, 1973 with

documents annexed thereto viz., report/post-mortem report / mechanical

Inspection report /photograph taken / site plan prepared / driving license /

registration certificate / permit /insurance policy / verification, if any, etc.:

(6) Any other relevant document seized:

Now, therefore, you are hereby directed to send to this Tribunal Information in Form

“A”(attached) with clear legible photocopies of all the aforesaid documents duly attested

under your personal signatures and bearing your official seal within fifteen days of the

receipt of this communication.

Given under my hand and Seal, this_________________day of-_______________

Member,

Motor Accident Claims Tribunal, _____________________

FORM - C

(See rules 3 and 5)

Application to Investigating Officer

Case No:

Title:_________________Vs.____________________

Subject: F.I.R. No._______________

The Inspector / Officer in-charge,

_______________Police Station,

Dist. - _____________________

Sir,

Whereas the applicant is a party, being the claimant/insurance company, in the

claim petition above mentioned seeking payment of compensation in connection with the

accident which is stated to be subject matter of Investigation through FIR particulars

captioned above,

And, whereas, the law enjoins upon you to make available to the parties concerned

under the provisions of Section 160 of the Motor Vehicles Act, 1988, (59 of 1988)read with

rule 150 of the Central Motor Vehicles Rules, 1989 and rule 3 of the Odisha Motor

Vehicles (Accidents Claims Tribunal) Rules, 2018, documents in the nature of-

(1) Identification marks and other particulars of the vehicle which caused the

accident:

(2) Name and address of the person who was driving/using the same at the

time ofaccident:

(3) Name and address of the person who died / injured, or description of

propertydamaged:

(4) Copy of FIR:

(5) Report under section 173 of the Code of Criminal Procedure, 1973 with

documents annexed thereto viz., report / post-mortem report / mechanical

Inspection report / photograph taken / site plan prepared / driving license /

registration certificate / permit / insurance policy / verification, if any, etc.

(6) Any other relevant document seized:

The under-signed, therefore, requests that the requisite information may kindly be

furnished to him within fifteen days of the receipt of this communication.

Yours faithfully,

Dated:

( )

Full Name and Address of Applicant

FORM - D

(See rules 4,5 and 7)

Report of the Registering Authority

To.

______________________

Sir,

This is with reference to the order/application dated ______________in Case

No._______________Title_____________________________________________

The requisite information is given below:-

1. Registration particulars of the vehicle:

a) Registration No:

b) Type of vehicle:

c) Make and model:

d) Engine No:

e) Chassis No:

f) Full name and address of the registered owner of the vehicle:

g) Particulars of insurance:

2. Driving Licence:

a) Driving License No. and date of issue/expiry:

b) Name and address of license holder:

c) Particulars of issuing Authority:

d) Badge No. in case of public service vehicle:

e) Detailed report if the particulars mentioned are found not genuine:

3. Route permit:

a) Permit No. and date:

b) Name and address of permit holder:

c) Conditions of permit:

(Registering Authority)

_________________________

Verified that the contents of above report, are correct as per records of this office.

(Registering Authority)

Date:

_________________________

FORM - E

(See rule 4)

Order to Registering Authority

BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL: _______________

Case No:

Title:_________________Vs.____________________

Subject: (i) Verification of Registration Certificate of Vehicle No. ___________

____________________

a. Verification of Driving Licence No. ________________________in

respect of ________________valid up to-_______________issued

by Licensing Authority _______________________________ (Strike out

whichever is not applicable)

To.

(Registering Authority)

_______________________

ORDER

Whereas the claim petition mentioned above seeking payment of compensation has

been preferred in this Tribunal in connection with an accident allegedly involving Motor

Vehicle, particulars of which are captioned above;

And whereas the vehicle is stated to have been registered by office under your

control and the driving licence/permit aforesaid is stated to have been issued by office

under your control (Strike out whichever is not applicable);

And whereas the records relating to the said registration/driving licence/permit are

required to be maintained by the said officer under your control under the Central Motor

Vehicles Rules, 1989;

And whereas requisite details relating to the documents aforesaid are required by

this Tribunal for the purposes of Inquiry under the provisions of Section 168 of the Motor

Vehicles Act, 1988 and the information you are bound to furnish in terms of rule-149 of the

Central Motor Vehicles rules,1989 read with rule 5 of the Odisha Motor Vehicles

(Accidents Claims Tribunal) Rules, 2018.

Now, therefore, you are hereby directed to furnish to this Tribunal full particulars

regarding the registration certificate/driving licence/permit afore said, with copies of

documents in support duly attested under your personal signatures and bearing your

official Seal within fifteen days of the receipt of this communication.

Given under my hand and seal, this___________________ day of_______________

Member,

Motor Accident Claims Tribunal, _____________________

FORM - F

(See rule 4)

Application to Registering Authority

Case No:

Title:_________________Vs.____________________

To.

The Registering Authority,

_______________________

Subject: (1) Vehicle No. ________________________

(2) Permit No. ________________________

(3) Driving Licence No. _________________

In respect of_______________________

Whereas, the undersigned has preferred/is a party in, the claim petition mentioned

above seeking payment of compensation in connection with an accident allegedly

involving Motor Vehicle, particulars of which are captioned above;

And, whereas, the vehicle aforesaid is stated to have been registered by the office

under your control and the driving licence/permit aforesaid is stated to have been issued

by the office under your control.

And, whereas, the records relating to the said registration/driving licence/permit are

required tobe maintained by the said officer under your control under the Central Motor

Vehicles Rules, 1989;

And, whereas, requisite details relating to the documents aforesaid are required by

this Tribunal for the purposes of Inquiry under the provisions of section 168 of the Motor

Vehicles Act, 1988 and which information you are bound to furnish in terms of rule 149 of

the Central Motor Vehicle rules, 1989 read with rule 5 of the Odisha Motor Vehicles

(Accidents Claims Tribunal) Rules, 2018.

Now, therefore, the undersigned requests that full particulars regarding the

registration certificate/driving licence /permit aforesaid, with copies of documents in

support duly attested under your personal signatures and bearing your official seal may be

furnished within fifteen days of the receipt of this application.

(Applicant)

(Full name, particulars and address to be given)

FORM - G

(See rules 8 and 20)

Application for grant of compensation under the Motor Vehicles Act, 1988

BEFORE MOTOR ACCIDENT CLAIMS TRIBUNAL, _________________

Photograph

Claimant

______________________ Petitioner

Vs.

______________________ Respondents

Sir,

The undersigned makes this application for grant of compensation as per the

provisions of the Motor Vehicles Act, 1988 on the basis of the following facts

andinformation:-

PART-I

1. Name and Father’s name of the person injured/dead

(Husband’s name in the case of married woman and widow):

2. Full address of the person injured/dead:

3. Age of the person injured/dead:

4. Occupation of the person injured/dead:

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

6. Monthly income of the person injured/dead:

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):

8. Place, date and time of accident:

9. Brief particulars of the accident:

10. Name and address of police station in whose jurisdiction the accident took

place or was registered:

11. Was the person in respect of whom compensation is claimed traveling by

the vehicle involved in the accident? If so, give the name and place of

starting the journey and destination:

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

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

to the injured

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

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

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

17. Name of the driver of the vehicle:

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

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

(necessary documents to be annexed)

20. Name and address of the applicant:

21. Relationship with the deceased/injured:

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

23. Amount of compensation claimed and basis thereof:

24. Whether reports from the Investigating Officer and the Registering

Authority have been obtained in Form “A” and Form “D”?

(If so, to be annexed):

25. Whether affidavit of the Applicant and witnessed as per rule 8 are

annexed (give details):

26. Whether documents mentioned in rule 8 are being annexed duly indexed

(give details):

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

of the case:

PART-II

(To be filed if prayer is made for interim award)

28. Amount of compensation claimed as interim award.

29. Reasons for claim of interim award.

30. Whether documents mentioned in sub-rule (4) and sub-rule(5) of rule 20

havebeen annexed (give details)

31. Prayer

(Petitioner)

Verification

Verified,

___________________this

__________day

of____________

20___,that the contents of the above application are true and correct to my knowledge and

belief.

(Petitioner)

FORM - H

(See rule 9)

NOTICE

BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL: _______________

Case No:

In RE: Police Report under section 158(6) of the Motor Vehicles Act, 1988 treated as

Claim case under section 166(4) of the Motor Vehicles Act, 1988.

Reference FIR No. __________________of. P.S.___________________

_______________________

(Name, Description and Place of Residence)

Whereas a report under section 158(6) of the Motor Vehicles Act, 1988 has been

received from Station House Officer of Police Station mentioned above with reference to

FIR registered by him as per particulars given above regarding as accident involving use

of a motor vehicle;

AND, WHEREAS, the report afore mentioned has been treated by this Claims Tribunal

as a claim case in accordance with the Provisions of Section 166(4) of the Motor Vehicle

Act,1988, in which it appears necessary to call you upon to appear before the undersigned

for further proceedings in the matter at 10.00 A.M. on__________________.

Now, therefore, you are hereby given notice to appear before this Claims Tribunal in

person or by a pleader duly instructed and able to answer all material questions relating to

the claim case aforesaid on aforesaid date and time.

AND as the date fixed for your appearance is appointed for hearing of the claim a case,

you would be required to file on or before that date an affidavit disclosing full particulars of

a claim case which may have either been preferred or being preferred in respect of the

same cause of action by or against you.

Take notice that in default of your appearance on the date and time aforementioned, the

claim case will be heard and determined in your absence.

Given under my hand and seal of this Tribunal on this ________________day of

________________.

Member,

Motor Accident Claims Tribunal, _____________________

FORM - I

(See rule 13)

BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL: _______________

Case No:

Title:_________________Vs.____________________

NOTICE

_______________________

(name, description and place of residence)

Whereas _______________________ has instituted a Motor Accident Claim Case

impleading you as Respondent___________(Copies of the application along with affidavit/

documents filed enclosed), which case has been directed to be listed before this Tribunal

for hearing at10.00 A.M. on __________.

Now therefore you are hereby given notice to appear before this Tribunal in person

by a pleader duly instructed and able to answer all material questions relating to the above

noted claim case on the aforesaid date and time.

And as the date fixed for your appearance is appointed for hearing of the claim

case, you may file on or before that date the written statement dealing with the claim

raised in the application alongwith all the documents and affidavits for the proof thereof

and also affidavits in support of all facts on which you rely in the context of your defence of

the application, duly entered in a properly prepared list of documents and affidavits, where

after it shall not be permissible to rely on any further documents or affidavits except as

provided in rule 14 of the Odisha Motor Vehicles (Accidents Claims Tribunal) Rules, 2018.

Take notice that in default of your appearance on the date aforementioned, the

claim case will be heard and determined in your absence.

Given under my hand and seal of this Tribunal, this ________________day of

________________.

Member,

Motor Accident Claims Tribunal, _____________________

FORM - J

Direction for Medical Examination

(See rule 18)

BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL: _______________

Case No:

Title:_________________Vs.____________________

Photograph

Claimant

________________________

ORDER

Whereas the claim petition above mentioned seeking payment of compensation has

been preferred in this Tribunal in connection with an accident involving use of Motor

Vehicle,

and

the

claimant

__________________________

_____________

S/o.,D/o.,W/o._____________________________, aged _______ r/o ______________

whose photograph bearing his specimen signature /thumb impressing is affixed above, is

alleged to have suffered injuries as a result of the said accident, which are stated to have

been

recorded

Medico

Legal

Certificate

No.___________________

dated

______________

_____________________

(name

hospital),________________________________ ;

And, whereas, for the purpose of inquiry into the claim petition, this claim Tribunal

considers it necessary to ascertain the degree and extent of disability, if any suffered as a

result of the said accident by the said claimant;

Now, therefore, in exercise of powers vesting in this claims Tribunal, in terms of rule

17 of the Odisha Motor Vehicles (Accidents Claims Tribunal) Rules, 2018, the undersigned

directs you to get the said claimant examined by a Medical Officer/Board of Medical

officers in your Hospital and submit report on above aspects to this Tribunal within 15 days

of the receipt of this direction.

Given under my name and seal of this Tribunal, this ________________day of

________________

Member,

Motor Accident Claims Tribunal, _____________________

Form - K

(See rule 40)

Number of motor accident claim cases disposed of by the Claims Tribunal and State

Transport Appellate Tribunals for the quarter ending ____________________

Sl.

No.

Name of

1st

Motor

Accident

Claims

Tribunal

from

which

the case

received.

Number

of claims

cases

pending

at the

beginning

of the

quarter.

Number of

claims

cases

received

and

transferred

during the

quarter.

Number

of claims

cases

disposed

of during

the

quarter.

Total

number

claims

cases

pending.

Amount

compen-

sation

granted.

Remarks

By Order of the Governor

G. SRINIVAS

Principal Secretary to the Government

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 1955-173+20