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Union of India - Section

Section 110 in Motor Vehicles Act, 1939

110. [ Claims Tribunals. [Sections 110 to 110F substituted for the former Section 110 by the Motor Vehicles (Amendment) Act 1956 (100 of 1956), Section 80 (w.e.f. 16.2.1957).]

(1)A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereinafter referred to as Claims Tribunals) 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]:Provided that where such claim includes a claim for compensation in respect of damage to property exceeding rupees two thousand, the claimant may, at his option. refer the claim to a civil court for adjudication, and where a reference is so made, the Claims Tribunal shall have no jurisdiction to entertain any question relating to such claim.[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 92A.] [Inserted by the Motor Vehicles (Amendment) Act, 1982 (47 of 1982), Section 15 (w.e.f. 1.10.1982).]
(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 the High Court.
(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.