Section 337 in The West Bengal Motor Vehicles Rules, 1989
337.
(1)Fees for process.- The fees to be taken for any process issued by the Claims Tribunal shall be in the scale as may be determined by the Tribunal from time to time, but shall not exceed those taken for a similar process by the City Civil Court in [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] and by the District Courts elsewhere.(2)Appearance of legal practitioner. - The Claims Tribunal may, in its discretion, allow any party to appear before it through a legal practitioner.(3)Local inspection. - (a) The Claims Tribunal may, at any time during the course of an enquiry before it visit the site at which the accident occurred for the purpose of making a local inspection or examining any persons likely to be able to give information relevant to the proceeding.(b)Any party or the representative of any party may accompany the Claims Tribunal for a local inspection.(c)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 enquiry.(d)The memorandum shall be made available to any party who desires to see the same, and shall supply any party with a copy thereof, if applied for and the fees therefor are paid.(4)Power of summary examination. - (a) The Claims Tribunal, during a local inspection or at any other time, save 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 it is to be called as a witness in the case or not, and whether any or all of the parties are present or not.(b)No oath shall be administered to a person examined under clause (a).(5)Method of recording evidence. - The Claims Tribunal shall, as examination of witnesses proceeds, make a brief memorandum of the substance of the evidence of each witness and such memorandum shall be written and signed by the members of the Claims Tribunal and shall form part of the record :Provided that if any member or the Chairman is prevented from making such memorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same and such memorandum shall form part of the record :Provided further that the evidence of any medical witness shall be taken down, as nearly as may be, word for word.(6)Adjournment of hearing. - Normally the hearing of an application shall continue from day to day. 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 adjournment of hearing.(7)Expert. - (a) The Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation (other than claims under section 140 of the Act), choose not more than two persons having technical or special knowledge with respect to any matter before the Tribunal for the purpose of assisting the Tribunal in the holding of the enquiry.(b)The expert shall perform such functions as the Tribunal may specify.(c)The remuneration, if any, to be paid to the expert shall, in every case, be determined by the Tribunal.(8)Framing of issues. - After considering any written statement, the evidence of the witnesses examined and the result of any local inspection, the Claims Tribunal shall proceed to frame issues upon which the right decision of the case appears to depend.(9)Determination of issues. - After framing the issues the Claims Tribunal shall proceed to record evidence thereon which each party may desire to produce.(10)Diary. - The Claims Tribunal shall maintain a brief diary of the proceedings.(11)Obtaining of information and documents necessary for awarding compensation under section 140 of the Act. - 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 award the claim whether the parties who were given notice, appear or not on the appointed date.
