Section 9 in Delhi Motor Accidents Claims Tribunal Rules, 2008
9. Police Reports under sub-section (6) of section 158 of the Act and action thereon.
(1)The 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 subsection (4) of section 166 of the Act.(3)The Claims Tribunal after examination of the report, further information/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(s) of the accident, or his/her legal representative(s), as the case may be, driver, owner and insurer of the vehicle(s) 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(s) injured, or legal representative(s) of the person(s) 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 police report treated as claim case stands tagged to independent claim case preferred by the parties themselves, the Claims Tribunal shall call upon the person(s) injured or legal representative(s) of the person(s) 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 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 be a 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.
