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Motor Vehicles Act, 1988


166.  Application   for compensation. 

  1. An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made--

  1. By the person who has sustained the injury; or

  2. By the owner of the property; or

  3. Where death has resulted from the accident, by all or any of the legal representatives of the deceased; or

  4. By any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be:

Provided that where all the legal representatives of the deceased have  not  joined  in  any  such  application  for  compensation,  the application shall  be made  on behalf of or for the benefit of all the legal representatives  of the  deceased and  the legal representatives who have  not so  joined, shall  be imp leaded  as respondents  to  the application.

  1. Every  application under sub-section (1) shall be made to the Claims Tribunal  having  jurisdiction  over  the  area  in  which  the accident occurred,  and shall  be in  such form and shall contain such particulars as may be prescribed:

Provided that  where any claim for compensation under section 140  is made  in such application, the application shall contain a separate statement to  that effect  immediately before  the  signature  of  the applicant.

  1. No application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident:

Provided that  the Claims  Tribunal may entertain the application after the  expiry of  the said period of six months but not later than twelve months,  if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.

  1. Where  a police  officer has  filed  a  copy  of  the  report regarding an  accident to a Claims Tribunal under this Act, the Claims Tribunal may,  if it thinks necessary so to do, treat the report as if it were an application for compensation under this Act.



Motor Vehicles Act, 1988 Back




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