Section 338 in The West Bengal Motor Vehicles Rules, 1989
338. 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 insurers and also the person or persons to whom compensation shall be paid.(2)Where compensation is awarded to two or more persons, the Claims Tribunal shad also specify the amount payable to each of them.(3)Where any lump sum deposited with the Tribunal is payable to a woman or a person under legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman or such person during his or her disability in such a manner as the Tribunal may direct, and where a quarterly payment is payable to any person under legal disability, the Tribunal, may of its own motion or on any application made to it in this behalf, order that the payment be made during the disability of the person concerned, to any dependent of the injured or heir of the deceased or to any other person whom the Tribunal thinks best fitted to be provided for the welfare of the injured or the heir of the deceased.(4)Where an application made to the Tribunal in this behalf or otherwise, the Tribunal is satisfied that on account of the negligence of the parents towards the children or on account of the variation of the circumstances of any dependent or for any other sufficient cause, an order passed by the 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 as to be invested, applied or otherwise dealt with, ought to be varied, the Tribunal may also pass such orders for the variation of the former order as it thinks just in the circumstance of the case.
