(1) In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit.
(2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
(3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry. [(4) For the purpose of enforcement of its award, the Claims Tribunal shall also have all the powers of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908, as if the award were a decree for the payment of money passed by such court in a civil suit.]
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.
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.
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.