Section 169: Procedure and powers of Claims Tribunals

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 169

Section 169 of the Motor Vehicles Act, 1988 prescribes summary inquiry procedures for Claims Tribunals and confers the powers of a Civil Court for taking evidence and enforcing attendance.

  • Statutory Powers & Jurisdiction: Section 169 balances judicial authority with procedural flexibility to ensure rapid relief.
  • Inquiry & Trial Mechanism: Sub-section (1) provides that in holding any inquiry under Section 168, the Claims Tribunal may, subject to any rules made in this behalf, follow such summary procedure as it thinks fit, unburdened by technical procedural requirements.

Sub-section (2) confers upon the Claims Tribunal all the powers of a Civil Court for the purposes of taking evidence on oath, enforcing attendance of witnesses, compelling production of documents, and discovery under the Code of Civil Procedure. The Tribunal is deemed to be a Civil Court for all purposes under Section 195 and Chapter XXVI of the CrPC / BNSS. Sub-section (3) empowers the Tribunal to associate persons having specialized technical knowledge (such as mechanical engineers or medical specialists) to assist in the inquiry.

Key Landmark Precedents:
  • Bimla Devi v. Himachal Road Transport Corp. (2009) 13 SCC 530: The Supreme Court held that the procedure before a Claims Tribunal is summary in nature; claimants are not required to establish rashness and negligence beyond reasonable doubt; the standard of proof is the preponderance of probabilities.
  • Anita Sharma v. New India Assurance Co. Ltd. (2021) 1 SCC 171: Held that strict rules of evidence under the Evidence Act do not apply to MACT inquiries; tribunals must adopt an inquisitorial and benevolent approach without rejecting reliable eyewitness testimony on minor procedural discrepancies.
Legal Commentary:

Section 169 liberates motor accident proceedings from procedural paralysis. Because proceedings are summary, certified copies of the criminal case chargesheet, FIR, site plan, and post-mortem report constitute prima facie evidence of accident occurrence and driver negligence. Tribunals cannot dismiss claims on Hyper-technical procedural grounds if substantive justice establishes third-party victimization.