(1)_ Chapter IX of the Delhi Motor Vehicle Rules, 1993 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under any of the said rules so repealed shall, unless such thing or action is inconsistent with any of the provisions of these rules, in a proceeding for compensation pending before the Claims Tribunal, be deemed to have been done or taken under the corresponding provisions of these rules.
14 FORM “A” (See rules 3,5 and 7) Report of Investigating Police Officer To ----------------------------- ----------------------------- ----------------------------- Sir, This is with reference to the order/application dated---------------------in Case No.---------- ------Title-------------------. The requisite information is given below:-
1. Name of Police Station:
2. Cr. No./Traffic Accident Report:
Report/FIR No.
(Copy to be annexed)
3. Date, time and place of the accident:
4. Name and full address of the injured/deceased:
5. Name of the hospital to which he/she was removed:
(Copy of X-ray Report./MLC/Post mortem Report to be annexed.)
6. Registration number of vehicle and type of the vehicle:
(copy to be annexed)
7. Driving license particulars:
(Copy to be annexed)
(a) Driving license No. and Date of expiry
(b) Name and address of the driver:
(c) Address of the issuing Authority:
(d) Badge No.( in case of Public Service Vehicle):
8. Name and address of the owner of the vehicle at the time of the accident:
9. Name and address of the Insurance Company with whom the vehicle was insured and the particulars of the Divisional Office of the said Insurance Company:
(Copy of Cover Note/Certificate of Insurance/Policy/Receipt to be annexed)
10. Number of Insurance Policy/Insurance Certificate and the date of validity of the Insurance Policy/ Insurance Certificate:
11. Registration particulars of the vehicle (Class of the Vehicle) a) Registration No:
b) Engine No:
c) Chassis No:
12. Route Permit particulars (copy to be annexed)
13. Report about verification of Driving License, Insurance Policy, Registration Certificate permit etc. (copy of the documents to be annexed)
14. Action taken, if any and the result thereof (Copy of Report under-section 173 of the Code of Criminal Procedure ,1973/Kalandara presented to be annexed) Encl: (give details) (Station House Officer) P.S----------------------- Verified that the contents of above report are correct as per Investigaion done by the Police Station.
P.S.------------------- Station House Officer Date:
15 FORM “B” (See rule 3) Order to Investigating Police Officer BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL: DELHI (Presided by:-------------------------------------------------) Case No:
TITLE:------------------------------Vs.------------------------------------ Subject: F.I.R. No.----------------------------- To Station House Officer, P.S.------------------------------- ------------------------------------------ ORDER Whereas the claim petition above mentioned seeking payment of compensation has been preferred in this Tribunal in connection with the accident which is stated to be subject matter of investigation by you through FIR particulars captioned above;
And whereas the law enjoins upon you to make available to the parties concerned under the provisions of section 160 of the Motor Vehicle Act, 1988 and to this Tribunal under the provisions of sub-section (6) of section 158 of the said Act readwith rule 150 of the Central Motor Vehicles Rules 1989 and rule 3 of the Delhi Motor Accidents Claims Tribunal Rules, 2008, document in the nature of-
(1) Identification marks and other particulars of the vehicle which caused the accident:
(2) Name and address of the person who was driving/using the same at the time of accident:
(3) Name and address of the person who was injured, or description of property damage;
(4) Copy of FIR:
(5) Report under section 173 of the Code of Criminal Procedure, 1973 with documents annexed thereto viz., report/postmortem report, mechanical Inspection report, photograph taken, site plan prepared, driving license, registration certificate, permit, insurance policy, verification, if any, etc.:
(6) Any other relevant document seized:
Now, therefore, you are hereby directed to send to this Tribunal information in Form “A” (attached) with clear legible photocopies of all the aforesaid documents duly attested under your personal signatures and bearing your official seal within fifteen days of the receipt of this communication.
Given under my hand and Seal, this-------------------day of------------------ JUDGE MACT/DELHI 16 FORM “C” (See rule 3 and 5) Application to Investigating Police Officer Case No:
TITLE:------------------------------Vs.------------------------------------ Subject: F.I.R. No.----------------------------- To Station House Officer, P.S.------------------------------- ------------------------------------------ Sir, Whereas the applicant is a party, being the claimant/insurance company, in the claim petition above mentioned seeking payment of compensation in connection with the accident which is stated to be subject matter of Investigation through FIR particulars captioned above, And whereas, the law enjoins upon you to make available to the parties concerned under the provisions of section 160 of the Motor Vehicles Act, 1988, read with rule 150 of the Central Motor Vehicles Rules, 1989 and rule 3 of the Delhi Motor Accidents Claims Tribunal Rules, 2008, documents in the nature of-
(1) Identification marks and other particulars of the vehicle which caused the accident:
(2) Name and address of the person who was driving/using the same at the time of accident:
(3) Name and address of the person who was injured, or description of property damage;
(4) Copy of FIR:
(5) Report under section 173 of the Code of Criminal Procedure, 1973 with documents annexed thereto viz., report/postmortem report, mechanical inspection report, photograph taken, site plan prepared, driving license, registration certificate, permit, insurance policy, verification, if any, etc.:
(6) Any other relevant document seized:
The under-signed, therefore, requests that the requisite information may kindly be furnished to him within fifteen days of the receipt of this communication.
Yours faithfully, ( ) Full name and address Dated:
17 FORM ‘D’ (See rule 4,5 and 7) Report of the Registering Authority To ----------------------------- ----------------------------- ----------------------------- Sir, This is with reference to the order/application dated____________in Case No._______________Title_____________________________________________ The requisite information is given below:-
1. Registration particulars of the vehicle:
a) Registration No:
b) Type of vehicle:
c) Make and model:
d) Engine No:
e) Chassis No:
f) Full name and address of the registered owner of the vehicle:
g) Particulars of insurance:
2. Driving Licence:
a) Driving License No. and date of issue/expiry:
b) Name and address of license holder:
c) Particulars of issuing Authority:
d) Badge No. in case of public service vehicle:
e) Detailed report if the particulars mentioned are found not genuine:
3. Route permit:
a) Permit No. and date:
b) Name and address of permit holder:
c) Conditions of permit:
(Registering Authority) ________________________Zone Verified that the contents of above report are correct as per records of this office.
(Registering Authority) ______________________Zone Date:
18 FORM ‘E’ (See rule 4) Order to Registering Authority BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL: DELHI (Presided by:______________________________________) Case No:
TITLE:_______________________________Vs_____________________________________ Subject: (i) verification of Registration Certificate of Vehicle No________________________ a. Verification of Driving Licence No.____________________________ in respect of _________________valid up to-_________________issued by Licensing Authority________________________________ (Strike out which ever is not applicable) To, (Registering Authority) ______________________________Zone ORDER Whereas the claim petition mentioned above seeking payment of compensation has been preferred in this Tribunal in connection with an accident allegedly involving Motor Vehicle, particulars of which are captioned above;
And whereas (1) the vehicle is stated to have been registered by office under your control, (2) the driving licence/permit aforesaid is stated to have been issued by office under your control (Strike out whichever is not applicable);
And whereas the records relating to the said registration/driving licence/permit are required to be maintained by said officer under your control under the Central Motor Vehicles Rules, 1989;
And whereas requisite details relating to the documents aforesaid are required by this Tribunal for the purposes of Inquiry under the provisions of section 168 of the Motor Vehicles Act, 1988 and which information you are bound to furnish in terms of rule 149 of the Central Motor Vehicles rules, 1989 read with rule 5 of the Delhi Motor Accidents Claims Tribunal Rules, 2008.
Now, therefore, you are hereby directed to furnish to this Tribunal full particulars regarding the registration certificate/driving licence/permit afore said, with copies of documents in support duly attested under your personal signatures and bearing your official Seal within fifteen days of the receipt of this communication.
Given under my hand and seal, this______________ day of _________________ JUDGE MACT/DELHI 19 FORM “F” (See rule 4) Application to Registering Authority Case No:
TITLE:_____________________Vs__________________________ To, The Registering Authority, -----------------------------------, -----------------------------------, Subject: (1) Vehicle No_______________________
(2) Permit No_______________________
(3) Driving Licence No_______________ In respect of_____________________ Whereas the undersigned has preferred/is a party in, the claim petition mentioned above seeking payment of compensation in connection with an accident allegedly involving Motor Vehicle, particulars of which are captioned above;
And whereas (1) the vehicle aforesaid is stated to have been registered by office under your control, (2) the driving licence/permit aforesaid is stated to have been issued by office under your control (Strike out whichever is not applicable).
And whereas the records relating to the said registration/driving licence/permit are required to be maintained by said officer under your control under the Central Motor Vehicles Rules, 1989;
And whereas requisite details relating to the documents aforesaid are required by this Tribunal for the purposes of Inquiry under the provisions of section 168 of the Motor Vehicles Act, 1988 and which information you are bound to furnish in terms of rule 149 of the Central Motor Vehicle rules, 1989 read with rule 5 of the Delhi Motor Accident Claims Tribunal Rules, 2008.
,Now therefore, the undersigned, , requests that full particulars regarding the registration certificate/driving licence /permit aforesaid, with copies of documents in support duly attested under your personal signatures and bearing your official seal may be furnished within fifteen days of the receipt of this application.
- (Applicant) (Full name, particulars and address to be given) 20 FORM ‘G’ (See rule 8 and 20) Application for grant of compensation under the Motor Vehicles Act, 1988 BEFORE MOTOR ACCIDENT CLAIMS TRIBUNAL: DELHI (Presided by______________________________) __________________Petitioner Vs Photograph of Claimant __________________Respondents Sir, The undersigned makes this application for grant of compensation as per the provisions of the Motor Vehicles Act, 1988 on the basis of the following facts and information:-
PART-I
1. Name and Father’s name of the person injured/dead (Husband’s name in the case of married woman and widow):
2. Full address of the person injured/dead:
3. Age of the person injured/dead:
4. Occupation of the person injured/dead:
5. Name and address of the employer of the injured/dead:
6. Monthly income of the person injured/dead:
7. Does the person in respect of whom compensation is claimed:
pay income tax? If so, state the amount of the income tax (to be supported by documents):
8. Place, date and time of accident:
9. Brief particulars of the accident:
10. Name and address of police station in whose jurisdiction the accident tool place or was registered:
11. Was the person in respect of whom compensation is claimed traveling by the vehicle involved in the accident? If so, give the name and place of starting the journey and destination:
12. Nature of injuries sustained and disablement, if any, caused:
13. Name and address of the Medical Officer/Practitioner if any, who attended on the injuries:
14. Period of treatment and expenditure, if any incurred:
15. Registration No. and type of vehicle involved in the accident:
16. Name and address of the owner of the vehicle:
17. Name of the driver of the vehicle:
18. Name and address of the insurer of the vehicle:
21
19. Has any claim been lodged with the owner/ Insurer if so, with what result:
20. Name and address of the applicant:
21. Relationship with the deceased/injured:
22. Title of the property of the deceased/injured:
23. Amount of compensation claimed and basis thereof:
24. Whether reports from the police and the Registering Authority Have been obtained in Form “A” and Form “D”? (If so, to be annexed):
25. Whether affidavit of the Applicant and witnessed as per rule 8 are annexed (give details):
26. Whether documents mentioned in Rule 8 are being annexed duly indexed (give details):
27. Any other information that may be necessary and helpful in the disposal of the case:
PART-II (To be filed if prayer is made for interim award)
28. Amount of compensation claimed as interim award.
29.Reasons for claim of interim award.
30 Whether documents mentioned in sub-rule (4) and sub-rule(5) of rule 20 have been annexed (give details)
31. Prayer (Petitioner) Verification Verified at Delhi this ______________ day of ______________ 2000 , that the contents of the above application are true and correct to my knowledge and belief.
(Petitioner) 22 FORM “H” (See rule 9) BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL: DELHI (Presided by :______________________________________) Case No._________________________ NOTICE In RE: Police Report under section 158(6) of the Motor Vehicles Act, 1988 treated as Claim case under section 166(4) of the Motor Vehicles Act, 1988.
Reference FIR No._______________________of .P.S._________________________ To, (Name, Description and Place of Residence) Whereas a report under section 158(6) of the Motor Vehicles Act, 1988 has been received from Station House Officer of Police Station mentioned above with reference to FIR registered by him as per particulars given above regarding as accident involving use of a motor vehicle;
AND WHEREAS the report afore mentioned has been treated by this Claims Tribunal as a claim case in accordance with the Provisions of section 166(4) of the Motor Vehicle Act,1988, in which it appears necessary to call you upon to appear before the under signed for further proceedings in the matter at 10.00 AM on __________________.
Now, therefore, you are hereby given notice to appear before this Claims Tribunal in person or by a pleader duly instructed and able to answer all material questions relating to the claim case aforesaid on aforesaid date and time.
AND as the date fixed for your appearance is appointed for hearing of the claim a case, you would be required to file on or before that date an affidavit disclosing full particulars of a claim case which may have either been preferred or being preferred in respect of the same cause of action by or against you.
Take notice that in default of your appearance on the date and time aforementioned, the claim case will be heard and determined in your absence.
Given under my hand and seal of this Tribunal on this _____________day of JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, DELHI 23 Form ‘I’ (see rule 13) BEFORE MOTOR ACCIDENT CLAIMS TRIBUNAL:DELHI Case No.______________________ TITLE________________________________Vs_____________________________ NOTICE To, (name, description and place of residence) Whereas _______________________ has instituted a Motor Accident Claim Case impleading you as Respondent___________(Copies of the application along with affidavit/ documents filed enclosed), which case has been directed to be listed before this Tribunal for hearing at
10.00 AM on __________.
Now therefore you are hereby given notice to appear this Tribunal in person by a pleader duly instructed and able to answer all material questions relating to the claim case aforesaid on aforesaid date and time.
And as the date fixed for your appearance is appointed for hearing of the claim case you may file on or before that date written statement dealing with the claim raised in the application, alongwith all the documents and affidavits for the proof thereof and also affidavits in support of all facts on which you rely in the context of your defence of the application, duly entered in a properly prepared list of documents and affidavits, where after it shall not be permissible to rely on any further documents or affidavits except as provided in rule 14 of the Delhi Motor Vehicles Accident Claims Tribunal Rules 2008.
Take notice that in default of your appearance on the date aforementioned the claim case will be heard and determined in your absence.
Given under my hand and seal of this Tribunal, this ________________day of JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, DELHI 24 FORM”J” Direction for Medical Examination (See rule 18) BEFORE MOTOR ACCIDENT CLAIMS TRIBUNAL:DELHI (Presided by______________________) Case No.____________________________________ TITLE________________________________Vs____________________________ Photograph of Claimant To, ________________________ _________________________ ______________________ ORDER Whereas the claim petition above mentioned seeking payment of compensation has been preferred in this Tribunal in connection with an accident involving use of Motor Vehicle, and the claimant _______________________________________S/o,D/o, W/o_________________________ Aged ____________ r/o __________________________________________________________ whose photograph bearing his specimen signature /thumb impressing is affixed above, is alleged to have suffered injuries as a result of the said accident, which are stated to have been recorded in Medico Legal Certificate No.___________________________ dated ______________________ in ___________________________________ (name of hospital),_________________________________ ;
And whereas for the purpose of inquiry into the claim petition, this claim Tribunal considers it necessary to ascertain the degree and extent of disability, if any suffered as a result of the said accident by the said claimant;
Now, therefore, in exercise of powers vesting in this claims Tribunal, in terms of rule 17 of the Delhi Motor Accident Claims Tribunals Rules, 2008, the undersigned directs you to get the said claimant examined by a Medical Officer/Board of Medical officers in you Hospital and submit report on above aspects to this Tribunal within 15 days of the receipt of this direction.
25 Given under my name and seal of this Tribunal, this ______________________day of _________________ JUDGE MOTOR ACCIDENT CLAIMS TRIBUNAL, DELHI By order and in the name of the Lieutenant Governor of the National Capital Territory of Delhi, R K Verma Secretary-cum-Commissioner, Transport