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NCT Delhi - Section

Section 118 in Delhi Motor Vehicles Rules, 1993

118. Procedure to be followed by Claims Tribunal.

(1)Examination of Applicant- On receipt of an application under rule 117, the Claims Tribunal may examine the applicant on oath, and the substance of such examination, if any, shall be reduced to writing.
(2)Summary Dismissal of Application. - The Claims Tribunal may after consideration of the application and the statement, if any, of the applicant recorded under preceding sub-rule (1) dismiss the application summarily, if for reasons to be recorded, it is of the opinion that here are no sufficient grounds for proceeding therewith.
(3)Notice to the parties involved. - If the application is not dismissed under sub-rule (2) above, the Claims Tribunal shall send to the owner of the motor vehicle, involved in the accident and its insurer, a copy of the application together with a notice of the date on which it will hear the application, and may call upon the parities to produce on that date any evidence which they may wish to tender.
(4)Appearance and Examination of Parties. - (a) The owner of the motor vehicle and the insurer may, and if so required by the Claims Tribunal shall at or before the first hearing or within such further time as the Claims Tribunal may allow, file a written statement dealing with the claims raised in the application, and any such written statement shall form part of the record.
(b)If the owner or the insurer contests the claim, the Claims Tribunal may, and if no written statement has been filed, proceed to examine the owner and the insurer upon the claim and shall reduce the substance of the examination to writing.
(5)Summoning of Witness. - If an application is presented by any party to the proceedings for the summoning of witnesses, the Claims Tribunal shall, on payment of expenses involved, if any, issue summons for the appearances of such witness, unless it considers that their appearance is not necessary for a just decision in the case.
(6)Appearance of Legal Practitioner. - The Claims Tribunal may in its discretion allow any party to appear before it through a legal practitioner.
(7)Local Inspection. - (a) The Claims Tribunal may during the course of inquiry 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 proceedings.
(b)Any party to a proceeding or the representative of any such 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 inquiry.
(d)the memorandum referred to in clause (c) above may be shown to any party to the proceedings who desires to see it and a copy thereof may, on application, be supplied to any such party.
(8)Inspection of the Vehicle. - the Claims Tribunal may, if it thinks fit, require the motor vehicle involved in the accident to be produced by the owner for inspection at a particular time and place to be mentioned by it, if necessary, in consultation with the owner.
(9)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, and examine summarily any person likely to be able to give information relating to such case, whether such person has been or is to be called as a witness in the case or not, and whether any or all the parties are present or not.
(b)No oath shall be administered to a person examined under preceding clause (a) above.
(10)Method of Recording Evidence. - The Claims Tribunal shall, as examination of witness proceeds, make a brief memorandum of such 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 records, provided that evidence of any medical witness shall be taken down as nearly as may word for word.
(11)Adjournment of Hearing. - If the Claims Tribunal finds that an application cannot be disposed of at one hearing it shall record the reasons which necessitates the adjournment and also inform the parties present on the date of adjournment of hearing.
(12)Co-opting of Persons during Inquiry - (a) The Claims Tribunal may, if it thinks fit, co-opt one or more persons possessing special knowledge with respect to any matter relevant to the inquiry, to assist in holding the inquiry.
(b)The remuneration, if any, to be paid to the person(s) co-opted shall in every case be determined by Claims Tribunal.
(13)Framing of Issues. - After framing the issues, the Claims Tribunals shall proceed to record evidence examined and the result of any local inspection, the Claims Tribunal shall proceed to frame and record the issues upon which the right decision of the case appears to depend.
(14)Determination of issues-After framing the issues, the Claims Tribunal shall proceed to record evidence thereon which each party may desire to produce.
(15)Diary- The Claims Tribunal shall maintain a brief diary of the proceedings on the application.
(16)Judgment and Award of Compensation. - (a) the Claims Tribunal in passing orders, shall record concisely in judgment the findings on each of the issues framed and the reason for such findings and make an award specifying the amount of compensation to be paid by the insurer and also the person or persons to whom compensation shall be paid.
(b)Where compensation is awarded to two or more persons, the Claims Tribunal shall also specify the amount payable to each of them.