Section 246 in The Bihar Motor Vehicles Rules, 1992
246. Procedure regarding compensation on the principle of no fault.
- Notwithstanding anything contained in Rules 226, 245 and 247 in the case of a claim for compensation under Chapter X of the Act, the procedures shall be as follows, namely:-(1)An application for compensation shall be made to the Claims Tribunal in Form CWF, in triplicate, and shall contain the particulars specified in that form.(2)The application shall be accompanied by a fee of *[ten thousand rupees in the form of Court fee stamps and the following documents, namely:-(i)First information report;(ii)Injury Certificate or post-mortem report in case of death:(iii)Hiership certificate in case of death;(iv)Certificate from the registering authority regarding ownership of the vehicles involved in the accident;(v)Particulars of insurance of the vehicle involved in the accident.(3)No fees shall be charged for process of application for compensation made under this Rule.(4)The Claims Tribunal shall dispose of the application for compensation within six weeks from the date of receipt of such application.(5)For the purpose of adjudicating and awarding the claim, the Claims Tribunal shall follow the procedure of summary trial as contained in Chapter-XXI of the Code of Criminal Procedure, 1973.(6)The Claims Tribunal shall not reject any application made under this rule on the ground of any technical defect, but shall give notice to the applicant and get the defect rectified.(7)For the purpose of adjudicating and according the claim, the Claims Tribunal shall obtain whatever information and document considered necessary by it from the police, medical and other authorities.*[The Hindi Text mentions Rs. 10/- and English text of Notification No. 16817, dated 23.9.93 mentions Rs. 10,000/- This may be verified from the Department](8)On receipt of the application for compensation, the Claims Tribunal shall give notice to the owner, and the insurer, if any, of the vehicle involved in the accident, directing them to appear on a date not later than ten days from the date of issue of such notice. The date so fixed for such appearance shall also be not later than fifteen days from the receipt of the application for compensation. The Claims Tribunal shall state in such notice that, in case they fail to appear on such appointed date, the Tribunal shall proceed ex parte on the presumption that they have no contention to make against the award of compensation.(9)The Claims Tribunal shall proceed with the application for compensation, on the basis of:-(i)First Information Report;(ii)Injury certificate or post-mortem report in case of death;(iii)Registration certificate of the motor vehicle involved in the accident;(iv)Cover note, certificate of insurance or the policy, relating to the insurance, of the vehicle against third party risks;(v)The nature of the treatment given by the medical officer who has treated the victim.(10)The Claims Tribunal, in passing the orders, shall make an award of compensation of twenty five thousand rupees in respect of death and Twelve thousand rupees in respect of permanent disablement, to be paid by the owner or insurer of the vehicle involved in the accident.(11)Where compensation is awarded to two or more persons, the Claims Tribunal shall also specify the amount payable to each of them.(12)The Claims Tribunal, in passing the orders, shall also direct the owner or insurer, of the vehicle involved in the accident, to pay the amount of compensation to the claimant within thirty days from the date of the said orders.(13)Where the Claims Tribunal thinks that the actual payment to the claimant is likely to take time because of the identification and the fixation of the legal heirs of the deceased the Claims Tribunal may call for the amount of compensation awarded, to be deposited with the Tribunal, and then proceed with the identification of the legal heirs for deciding the payment of compensation to each of the legal heirs.
