Motor Vehicles Act: Section 165 –  Claims Tribunals

(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents 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.
Explanation.—For the removal of doubts, it is hereby declared that the expression “claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles” includes claims for compensation under section 140 and section 163A.

(2) A Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint, and where it consists of two or more members, one of them shall be appointed as the Chairman thereof.

(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
(c) is qualified for appointment as a Judge of a High Court 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.

Simplified Explanation

Section 165 of the Motor Vehicles Act provides for the establishment of Motor Accident Claims Tribunals (MACT), which are specialized tribunals designated to handle compensation claims arising from motor vehicle accidents. These tribunals are designed to offer a speedy, efficient, and specialized process for determining compensation to victims of motor vehicle accidents, replacing the need to go through regular civil courts.

Overview of Section 165

Section 165 empowers state governments to establish Claims Tribunals for the purpose of adjudicating and resolving claims for compensation related to motor vehicle accidents. These tribunals have exclusive jurisdiction over such cases, ensuring that accident victims or their families can seek compensation without lengthy delays typical of civil litigation.

Key Elements of Section 165

1. Establishment of Claims Tribunals:
   • State governments are authorized to establish Motor Accident Claims Tribunals (MACT) in any area they deem necessary. These tribunals are set up to handle cases involving accidents that cause death, bodily injury, or damage to property.
   • The tribunals may cover specific districts or regions within a state, depending on the volume of cases and the needs of the area.
2. Jurisdiction of the Tribunal:
   • The Claims Tribunal has exclusive jurisdiction to adjudicate claims for compensation related to accidents involving motor vehicles. This means that regular civil courts cannot entertain such claims, ensuring that they are dealt with in a specialized forum.
   • The tribunal deals with claims related to death, permanent disablement, injury, and property damage arising from the use of motor vehicles.
3. Composition of the Tribunal:
   • The tribunal consists of a judicial officer, often a person with the rank of District Judge or equivalent, who is appointed by the state government. This ensures that the claims are handled by individuals with the necessary legal expertise.
4. Powers of the Tribunal:
   • The Claims Tribunal has the power to:
     • Investigate the accident and assess the evidence presented by the claimants and respondents (such as insurance companies and vehicle owners).
     • Determine the compensation to be awarded based on the severity of injuries, death, or property damage.
     • Summon witnesses, take depositions, and enforce the attendance of parties involved, similar to the powers of a civil court.
5. Purpose:
   • The establishment of the tribunal ensures that accident compensation claims are handled in a specialized and expedited manner. The focus is on providing swift justice to accident victims or their families, ensuring they receive financial relief without the complexities of civil court procedures.

Practical Implications

• Faster Adjudication: By creating a specialized tribunal for motor accident claims, Section 165 ensures that victims of road accidents receive compensation in a timely manner, without facing the long delays associated with civil courts.
• Expert Handling of Claims: The tribunal is presided over by a judicial officer, ensuring that claims are evaluated by an expert in the legal aspects of compensation and accident liability. This improves the quality of adjudication.
• Accessibility for Victims: The process in a Claims Tribunal is typically less formal and less complex than civil litigation, making it more accessible for victims or their families who may not be familiar with the intricacies of legal procedures.
• Exclusive Jurisdiction: Since the tribunal has exclusive jurisdiction over motor accident claims, it simplifies the process by concentrating these cases in one forum. This prevents confusion and jurisdictional disputes that could arise if cases were handled in different courts.
• Relief for Overburdened Civil Courts: By shifting accident compensation claims to MACTs, Section 165 helps reduce the burden on regular civil courts, allowing them to focus on other cases.

Conclusion

Section 165 of the Motor Vehicles Act establishes Motor Accident Claims Tribunals to provide a specialized and efficient forum for handling compensation claims related to motor vehicle accidents. These tribunals offer victims and their families a quicker and more accessible process for securing compensation, bypassing the lengthy and complex civil court system. The Claims Tribunal plays a critical role in ensuring fairness and speed in the resolution of accident-related claims, contributing to a more just and effective system for dealing with the consequences of road accidents in India.