Normally when an accident happens, an application  for compensation  arising on account of accident may be filed with claim  Tribunal as specified in Sub –Section (1) of Section 165 of Motor Vehicles Act, 1988.

Section 165  of Motor Vehicles Act, 1988 provides setting up of  Motor Accidents  Claims Tribunals  ( hereinafter called Claim Tribunal) .  The State Governments  may by notification  constitute one or more Claim Tribunals  for the purpose of  adjudicating  in respect of accidents  involving  the death of, bodily injury to persons  arising out of use of motor vehicles or damages to any property of a third party so arising or both.

These Claim Tribunals are alternative forum to settle the cases arising out of use of motor vehicles. Normally when  a person approaches Civil court for settling his claims , it takes many years to settle the same. Considering the long pendency in the civil court, the Government has provided alternative forum to settle the  cases arising out of use of motor vehicles.  The Motor vehicles claims Tribunals are similar to   consumer forum to render speedy justice to the general public. Prior to constitution of Claims Tribunals, such compensation  could be decreed by the Civil Court

Members of Claims Tribunals:   The State Government   decide such number of persons to constitute the Claims Tribunals.  Normally  two or more members to form part of the Tribunals and one of them will be Chairman.  The members only from the following categories.

a)      is or has been a Judge of High Court or

b)      is or has been a Judge of District Judge or

c)      is qualified  for appointment as a Judge  of a High Court  or as a District Judge.

Application for compensation:    An application arising  for compensation   arising out of an accident   as mentioned under Sub section (1) of Section 165 filed by the following persons.

a)      by the person who ahs sustained the injury or

b)       by the owner of the property

c)       Where death has resulted from the accident, by all or any  of the legal representatives  of the deceased as the case may be

d)      By ay agent  duly authorized  by the person injured  or all or any of the legal representative.

 Jurisdiction to file the application before Tribunals:   Sub Section (2) of Section 166 provides that every application under Sub Section (1)  shall be made  at the option of  claimant under any of the following places

a)      Claim Tribunal having jurisdiction over the area in which  the accident occurred

b)      Claim Tribunal within the local limits of whose jurisdiction the  claimant  resides or carries on business

c)      Withi the local limits of whose jurisdiction the defendant resides.

 Limitation for filing claiming before Tribunal in respect of any accident:   Sub Section (3) of Section 166 of the Motor Vehicles Act, 1988 has been omitted by the Motor Vehicles ( Amendment) Act, 1988  which came in force  w.e.f.14-11-1994.  After the amendment, there is no limitation  for filing claims before tribunal in respect of any accident.   While passing the amendment, the parliament realized  that the grave  injustice and injury which was being caused to the heirs and legal representatives  of the victims who died in accident by rejecting their claim petition only on grounds of limitation. Thus there is no limitation for filing claims before tribunals.  Moreover  the  Parliament  thought that  prescribing  a period of limitation and restricting the power of Tribunal to entertain any claim petition beyond   the period of twelve months   from the date of accident was harsh.  Dhanapal vs D.P.Vijayvargiya  AIR  1996  SC 2155

According to Sub section (4)   of Section 166 that  the claim tribunal  shall treat any report  of accidents forwarded to it under sub section (6) of Section 158 as an application for compensation under this Act.

 Contents of Sub section (6) of Sectio 158 of the Act:   According to the sub section that as soon as any information  regarding  death or bodily injury to any person is recorded or   report to be  prepared  under this section  is completed by a police officer.  The report will be forwarded by  officer in charge of the police station within  30 days  to the Claim Tribunal.   Where a copy is made available  to the owner of the vehicle,  he shall also  within thirty days of  receipt of such report, forward the same to such Claims Tribunal and Insurer.

The report prepared under sub section (6) of Section 158 of the Motor Vehicles Act, 1988 will be treated as an application under the Act.

Conclusion:   Whenever there is an accident took place, there is no time limit to file the case before Claim Tribunals.

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