(a) The sub rule (16) shall be substituted, namely :- “(16) Judgment and award of compensation:
(1) The Claims Tribunal in Passing orders shall record concisely ina judgment, the findings on persons specifying the amount payable to each of them to whom compensation shall be paid, (2) The procedure of adjudicating the liability and award of compensation may be set apart from — the procedure of disbursement of compensation to the legal heirs in a case of death, and where the Claims Tribunal feels that the actual payment to the claimant is likely to take some time because of the identification and determination of legal heirs of the deceased, the Claims - Tribunal may call for the amount of compensation awarded to be deposited with it, and, then, proceed with the identification of the legal heirs for disbursing payment. of compensation to each of the legal heirs equitably”.
(b) In the Rule 117 of the Principal Rules, the following sub-rules shall be inserted, namely:- “(17). Securing the interest of claimants:
(i) Where any lump-sum amount deposited with the Claims Tribunal is payable to a wornan 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 this disability in such manner as the Claims Tribunal may direct to be paid to any dependent of the injured or heirs of the deceased or to any other person whom the Claims Tribunal thinks best fitted to provide for the welfare of the injured or the heir of the deceased. _ :
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account of the variation of the circumstances of any dependent, or for any other sufficient cause, an order of the Claims 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 is to be invested applied: or otherwise dealt with, ought to be varied, the Claims Tribunal may make such further orders for the variation of the former order as it thinks just in the circumstances of the case.
(iii) The Claims Tribunal shall, in the case of minor, order that amount of compensation awarded to such Minor be invested in fixed deposits till such minor attains majority. The expenses incurred by the guardian or the next friend may be allowed to be withdrawn by such _ Quardian or the next friend from such deposits before it is deposited, 4 THE-ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JUNE 06, 2019 ‘(iv) The Claims Tribunal shall, in the case of illiterate claimants, order that the amount of — _ compensation awarded be invested in'fixed deposits for a minimum period of three years, but if any amount is required for effecting purchase of any moveable or immovable property for — improving the.inceme ofthe claimant, the Glaims Tribunai may consider such a request after being satisfied that the amount would be actually spent for the purpose and the demand is not a ruse to withdraw money. ie
(v) The Claims Tribunal shall, in the case of semi-literate person resort to the procedure for the deposit of award amounts set out in sub-rule (4) unless it is satisfied, for reasons to be recorded in writing that the whole or part of the amount’is required for the expansion of any existing business or the purchase of some property as specified and mentioned, in sub-rule (4) _ in which case the Claims Tribunal shall ensure that the amount is invested for the purpose for which it is prayed for and paid. _ ‘
(vi) The Claims Tribunal may in the case of literate persons also resort to the procedure for deposit of awarded amount specified in sub-rule (iv) and (v) if having regard to the age, fiscal background and state of society to which the claimant belongs and such other consideration, ‘ the Claims Tribunal in the larger interest of the claimant and with a view to ensuring the safety of the compensation awarded, thinks it necessary to order. '
(vii) The Claims Tribunal, may in personal injury cases, if further treatment is necessary, on being satisfied which shall be recorded in writing, permit the withdrawal of such amount as is. - necessary for the expenses of such treatment,
(viii) The Claims Tribunal shall, in the matter of investment ‘of money, have regard to a maximum return by ways of periodical income to the claimant and make it deposited with public sector undertakings of the State or Central Government which offers higher rate of interest.
(ix) The. Claims Tribunal shall, in investing money, direct that the interest on the deposits be paid directly to the claimants or the guardian of the minor claimants by the institutions holding the deposits under intimation to the Claims Tribunal’.
“(18) Enforcement of award of the Claims Tribunal :- Subject to the provisions of section 174 of the Aci, the Claims Tribunal shall, for the purpose of enforcernent of its award, have all the powers of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908 (5 of 1908), as if the award where a decree for the payment of money passed by such court in a civil suit’.
Rule 119 of the Principal Rules shall be substituted namely :- “449. Appeai against the judgment of the Claims Tribunal :-
(i) Every appeal against the judgment of the Claims Tribunal shall be preferred in the form of a memorandum signed by the applicant or the advocate duly empowered by him in this behalf, and presented to the High Court and shail be accompanied by a copy of the judgment.
(ii) The memorandum shall set forth concisely and under distinct heads, the ground of objections to the judgment appealed from without any argument or narrative, and such grounds shall be numbered consecutively.
(iii) Save as provided in sub-ruiles () and (ii), the provisions of Order XLI XXI in the first Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall mutatis mutandis apply to appeais preferred to High Court under Section 173 of the Act’. ra By order.and in the name of the Lieutenant Governor, _ Andaman and Nicobar Isiands.
Sd,/- (Abhishek Dev, jAS) Secretary (Transport) - MGPPB_97/Gazette/2019— 30 Copies (DR-HCL-X) a fe r s u p , @ ™Y h e e S y