LEGAL DATABASE

LAND TITLING ACT

2010-06-22T13:16:00.001+05:30

SALIENT FEATURES OF LAND TITLEING BILL

New bill introduces definition, which states the defiant ion of

Indefensible title: as per definition indefeasible title means a title to an immovable property or an interest therein entered in the Register of titles and Which cannot be altered or voided.

Act also provides definition of 'indicative map' means a map that shows the relative location of a property with its correct unique property identification number, but does not necessarily indicate the size and shape of the property exactly to scale.

Main authority under this act is 'LAND TITLING AUTHORITY' which functions according to provisions of this act land titling authority which provides detailed guidelines and instructions, maintain Registers of titles maintain map, provide valuation details upon request., provide stamp duty calcution of stamp duty.

In order to get exact title records of land provision of Land title Registry is established in act by section -12. The establishment of registry is made as a Central Land title Registry.

Unique identification number is provided by virtue of Section 31 under the act and as per provisions of section 32 The Director, survey settlement and Land information shall has power and Discharge all functions in Union territory or Stage.

Chapter VII of Act provides provisions of Establishment of the Tribun which shall exercise powers and functions as may be prescribed by or under the act details functions of the Tribunal is Explained under Section -42 and as per provisions of section tribunal has power to adjudicate on the claims preferred for payment of compensation out of the title guarantee fund of the authority and of the private parties authorized by the Authority to operate such a fund.

limitation of appeal time Is fixed at 3 months from the order of Land titling Authority.

BAR ON JURISDICTION OF CIVIL COURT

Most important section under this act is section 44 and as per section 44 of the act no civil court shall have jurisdiction to entertain any dispute relating to an immovable property in respect of which the Tribunal is empowered by or under this act, and no injunction shall be granted by and court in respect of such matter.

Provisions of section 51 makes compulsory intimation of any suit appeals or revisions to the land titling authority. Section 51(3) also provides intimation of decree by Decree holder within 7 days from the time of receipt of decree.

Compulsary Intimation of Land Acquision Proceedings: what happens that- in present system Title Searcher has to obtain necessary information from collector for getting information about particular land is in acquisition proceedings or not and that procedure is very lengthy and not 100 percent effective. But Section 52 of the act the statute make compulsory provision and binds Collector to intimate Authority as per provision of section 52.

Power of attorney must be compulsorily notified.

This provision make compulsory provision to intimate authority regarding power of attorney which authorize agent to develop, sell, or construct in immovable property within notified area. it includes all agreements cum general powers of attorney to deal with any manner having an impact over its title.

HI FRIENDS PLEASE REFER NEW LAND TITLING BILL DRAFT IN FOLLOWING LINK OF OUR GROUP
http://groups.google.com/group/lawyersgroupofgujarat/web/Draft%20Final%20Model%20Land%20Titling%20Act-04.5.10.pdf

HOW A BILL BECOMES AN ACT

2010-01-01T10:40:00.005+05:30

HOW A BILL BECOMES AN ACT

A Bill is the draft of a legislative proposal. It has to pass through various stages before it becomes an Act of Parliament.

First Reading

The legislative process starts with the introduction of a Bill in either House of Parliament—Lok Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a private member. In the former case it is known as a Government Bill and in the latter case it is known as a Private Member’s Bill.

It is necessary for a member-in-charge of the Bill to ask for leave to introduce the Bill. If leave is granted by the House, the Bill is introduced. This stage is known as the First Reading of the Bill. If the motion for leave to introduce a Bill is opposed, the Speaker may, in his discretion, allow brief explanatory statement to be made by the member who opposes the motion and the member-in-charge who moved the motion. Where a motion for leave to introduce a Bill is opposed on the ground that the Bill initiates legislation outside the legislative competence of the House, the Speaker may permit a full discussion thereon. Thereafter, the question is put to the vote of the House. However, the motion for leave to introduce a Finance Bill or an Appropriation Bill is forthwith put to the vote of the House.

Publication in Gazette

After a Bill has been introduced, it is published in the Official Gazette. Even before introduction, a Bill might, with the permission of the Speaker, be published in the Gazette.

In such cases, leave to introduce the Bill in the House is not asked for and the Bill is straightaway introduced.

Reference of Bill to Standing Committee

After a Bill has been introduced, Presiding Officer of the concerned House can refer the Bill to the concerned Standing Committee for examination and make report thereon.

If a Bill is referred to Standing Committee, the Committee shall consider the general principles and clauses of the Bill referred to them and make report thereon. The Committee can also take expert opinion or the public opinion who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House. The report of the Committee, being of persuasive value shall be treated as considered advice given by the Committees.

Second Reading

The Second Reading consists of consideration of the Bill which is in two stages.

First Stage: The first stage consists of general discussion on the Bill as a whole when the principle underlying the Bill is discussed. At this stage it is open to the House to refer the Bill to a Select Committee of the House or a Joint Committee of the two Houses or to circulate it for the purpose of eliciting opinion thereon or to straightaway take it into consideration.

If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-by-clause just as the House does. Amendments can be moved to the various clauses by members of the Committee. The Committee can also take evidence of associations, public bodies or experts who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House which considers the Bill again as reported by the Committee. If a Bill is circulated for the purpose of eliciting public opinion thereon, such opinions are obtained through the Governments of the States and Union Territories. Opinions so received are laid on the Table of the House and the next motion in regard to the Bill must be for its reference to a Select/Joint Committee. It is not ordinarily permissible at this stage to move the motion for consideration of the Bill.

Second Stage: The second stage of the Second Reading consists of clause-by-clause consideration of the Bill as introduced or as reported by Select/Joint Committee.

Discussion takes place on each clause of the Bill and amendments to clauses can be moved at this stage. Amendments to a clause have been moved but not withdrawn are put to the vote of the House before the relevant clause is disposed of by the House. The amendments become part of the Bill if they are accepted by a majority of members present and voting. After the clauses, the Schedules if any, clause 1, the Enacting Formula and the Long Title of the Bill have been adopted by the House, the Second Reading is deemed to be over.

Third Reading

Thereafter, the member-in-charge can move that the Bill be passed. This stage is known as the Third Reading of the Bill. At this stage the debate is confined to arguments either in support or rejection of the Bill without referring to the details thereof further than that are absolutely necessary. Only formal, verbal or consequential amendments are allowed to be moved at this stage. In passing an ordinary Bill, a simple majority of members present and voting is necessary. But in the case of a Bill to amend the Constitution, a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting is required in each House of Parliament.

Bill in the other House

After the Bill is passed by one House, it is sent to the other House for concurrence with a message to that effect, and there also it goes through the stages described above except the introduction stage.

Money Bills

Bills which exclusively contain provisions for imposition and abolition of taxes, for appropriation of moneys out of the Consolidated Fund, etc., are certified as Money Bills. Money Bills can be introduced only in Lok Sabha. Rajya Sabha cannot make amendments in a Money Bill passed by Lok Sabha and transmitted to it. It can, however, recommend amendments in a Money Bill, but must return all Money Bills to Lok Sabha within fourteen days from the date of their receipt. It is open to Lok Sabha to accept or reject any or all of the recommendations of Rajya Sabha with regard to a Money Bill. If Lok Sabha accepts any of the recommendations of Rajya Sabha, the Money Bill is deemed to have been passed by both Houses with amendments recommended by Rajya Sabha and accepted by Lok Sabha and if Lok Sabha does not accept any of the recommendations of Rajya Sabha, Money Bill is deemed to have been passed by both Houses in the form in which it was passed by Lok Sabha without any of the amendments recommended by Rajya Sabha. If a Money Bill passed by Lok Sabha and transmitted to Rajya Sabha for its recommendations is not returned to Lok Sabha within the said period of fourteen days, it is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha.

GUJARAT RIGHT TO INFORMATION RULES

2010-01-01T09:47:00.002+05:30

PLEASE DOWNLOAD ARTICLE FROM OUR GROUP

http://groups.google.com/group/lawyersgroupofgujarat/web/GUJARAT%20RTI%20RULES.doc?hl=en

2009-12-29T21:57:00.000+05:30

ખાતેદારના મૃત્યુ બાદ કાયદેસરના
વારસોની રેકર્ડમાં તુરત જ નોંધ કરવા
બાબત.

ગુજરાત સરકાર
મહેસુલ વિભાગ
પરિપત્ર ક્રમાંક ઃ હકમપ૧૦ર૦૦ર/૩૯૧૬જ
સચિવાલય, ગાંધીનગર
તા. ૩રર૦૦૩

પ રિ પ ત્ર ઃ

સરકારના તા. ૧પ૧૦૮૯ના સંકલિત ઠરાવ ક્રમાંક ઃ હકપ૧૦૮૭૧૧જના મુદ્રા નં.૯
અન્વયે હક્કપત્રકમાં વારસાઇ અંગેની નોંધો પાડવા માટે જરૂરી જોગવાઇ કરવામાં આવેલ છે તે
જોગવાઇ મુજબ જમીનના ખાતેદારે વારસાઇ મેળવેલા હક્ક કિસ્સા અંગેની જે તે ખાતેદારે
લેખિતમાં રીપોર્ટ કરવાનો હોય છે અને તે અન્વયે તલાટીએ હક્કપત્રકમાં જરૂરી નોંધ પાડવાની
રહે છે અને પાડવામાં આવેલ આ નોંધોનો નિકાલ મુંબઇ જમીન મહેસૂલ અધિનિયમ૧૮૭૯
અને તેના નિયમો મુજબ મહેસૂલી અધિકારીએ કરવાનો થાય છે.

ર. જમીન મહેસૂલ અધિનિયમની કલમ૧૩પ(સી)માં જોગવાઇ કરવામાં આવેલ છે કે, જે
કોઇ વ્યક્તિએ વારસા, અનુજીવિકત્વ, વહેંચણ, ખરીદી બક્ષિસ વિગેરેથી કોઇ હક્ક સંપાદન
કરે તો તે વ્યક્તિએ આવો હક્ક સંપાદન કર્યાની તારીખથી ત્રણ મહિનાની અંદર તલાટીને
લેખિત રીપોર્ટ કરવાનો રહે છે અને લેન્ડ રેવન્યુ કોડની કલમ૧૩પ (એફ)માં જોગવાઇ કર્યા
મુજબ ઉપર ઠરાવેલી મુદતની અંદર વ્યક્તિ/ખાતેદાર રીપોર્ટ કરવામાં ગફલત કે ચૂક કરે તો
તેની પાસેથી કલેકટર પોતાના સ્વવિવેક અનુસાર રૂા. રપ/ સુધીની ફી લેવાની જોગવાઇ
કરવામાં આવેલ છે.

૩. ઉપરોકત જોગવાઇઓના સંદર્ભમાં વારસાઇથી હક્ક સંપાદન કરવા માંગનાર વ્યક્તિએ
આ અંગે લેખિત અરજી નિયમ સમયમર્યાદામાં કરવાની હોય છે. પરંતુ કાયદાની અજ્ઞાનતાના
કારણે અથવા અન્ય કારણોસર ખાતેદારો ઘણી વખત આ અંગે કોઇ અરજી કરતા હોતા નથી.
પરિણામે હક્કપત્રકમાં વારસાઇની નોંધ પડતી નથી અથવા પડે છે તો તેમાં વિલંબ થાય છે
સરકારને પણ આવી ઘણી રજૂઆતો મળતી રહે છે. આથી આવું ન બને તે માટે નીચે મુજબની
સૂચનાનો ચૂસ્તપણે અમલ કરવા જણાવવામાં આવે છે.

‘‘રેવન્યુ એકાઉન્ટસ મેન્યુઅલ (ગુજરાતી)ના ભાગ૩ના ફકરા૩ર(ર)માં જણાવ્યા
પ્રમાણે તલાટીએ દર મહિને મરણનું પત્રક (ગામનો નમૂનો નં.૧૪) તપાસવાની સૂચના આપેલ
છે. આથી તલાટી જયારે આ પત્રકની તપાસણી કરે ત્યારે મરણ પામનાર ઇસમ જો ખેડૂત
ખાતેદાર હોય અને તેના કાયદેસરના સીધી લીટીના વારસોએ વારસાઇ હક્કની નોંધ માટે લેખિત અરજી/રીપોર્ટ ન કરેલ હોય તો મરનારના વારસોને તરત જ તલાટીએ આવો લેખિત
રીપોર્ટ/અરજી તાત્કાલક કરવા જણાવવું અને આ અંગેની અરજી/રીપોર્ટ મળ્યા પછી વારસાઇની
નોંધ પાડવાની નિયમાનુસાર કાર્યવાહી તાકીદે હાથ ધરવી. ફેરણી અધિકારીઓ જયારે પણ
ગામની મુલાકાત લે ત્યારે તલટી દ્વારા આ સૂચનાનું પાલન થાય છે કે નહીં તેની પણ અચૂક
ખાત્રી કરવાની રહેશે.’’

૪. ઉપરોકત સૂચનાનું ચૂસ્તપણે અમલીકરણ થાય તે જોવા સર્વે સંબંધિત
અધિકારીશ્રીઓને આથી સૂચના આપવામાં આવે છે.

ગુજરાતના રાજ્યપાલશ્રીના હુકમથી અને તેમના નામે..

(સી. એસ. ઉપાધ્યાય)
નાયબ સચિવ
મહેસૂલ વિભાગ, ગુજરાત
સરકાર

પ્રતિ,
ઙ્ગ સર્વે કલેકટરશ્રીઓ
ઙ્ગ સર્વે જિલ્લા વિકાસ અધિકારીશ્રીઓ
ઙ્ગ સર્વે નાયબ કલેકટરશ્રી (ગણોત) (જિલ્લાના તમામ સંબંધીત તલાટીશ્રીઓને પરિપત્રિત
કરવા સારૂ)
ઙ્ગ સર્વે પ્રાંત અધિકારીશ્રી
ઙ્ગ સર્વે નાયબ જિલ્લા વિકાસ અધિકારીશ્રી
ઙ્ગ સર્વે મામલતદારશ્રી (કલેકટરશ્રી મારફત)
ઙ્ગ સર્વે કૃષિ પંચશ્રી (કલેકટરશ્રી મારફત)
ઙ્ગ માન. મુખ્ય મંત્રીશ્રીનું કાર્યાલય, સચિવાલય, ગાંધીનગર.
ઙ્ગ અંગત સચિવશ્રી, મંત્રીશ્રી, મહેસુલનું કાર્યાલય.
ઙ્ગ સર્વે મંત્રીશ્રીઓ/રા.ક. મંત્રીશ્રીઓના અંગત સચિવશ્રી
ઙ્ગ ખાસ સચિવશ્રી (વિવાદ), મહેસૂલ વિભાગ, પોલીટેકનીક કંપાઉન્ડ, આંબાવાડી,
અમદાવાદ
ઙ્ગ જમીન સુધારા કમિશનરશ્રી, મહેસૂલ વિભાગ
ઙ્ગ મહેસૂલી તપાસણી કમિશનરશ્રી, મહેસૂલ વિભાગ ઙ્ગ મેનેજિંગ ડીરેકટરશ્રી, ગુજરાત રાજ્ય જમીન વિકાસ બેંક લિ., આશ્રમરોડ,
નવરંગપુરા, અમદાવાદ
ઙ્ગ પંચાયત, ગ્રામ ગૃહનિર્માણ અને ગ્રામ વિકાસ વિભાગ, સચિવાલય, ગાંધીનગર.
ઙ્ગ સર્વે શાખાઓ, મહેસૂલ વિભાગ, સચિવાલય, ગાંધીનગર
ઙ્ગ સીલેકટ ફાઇલ.

STAMP PAPERS ARE VALID EVEN AFTER 6 MONTHS OF PURCHASE

2009-12-28T23:43:00.002+05:30

According to a recent Supreme Court Judgement dated 19-02-2008 in the case of Thiruvengada Pillai vs. Navaneethammal and Anr., the stamp papers do not have any expiry period. Relevant extract from SC judgement is reproduced herein below:
“The Indian Stamp Act, 1899, nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek refund of the value thereof by surrendering such stamp paper to the Collector provided it was purchased within the period of six months next preceding the date on which it was so surrendered. The stipulation of the period of six months prescribed in Section 54 is only for the purpose of seeking refund of the value of the unused stamp paper, and not for use of the stamp paper. Section 54 does not require the person who has purchased a stamp paper, to use it within six months. Therefore, there is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document.

BOMBAY TENANCY AND AGRICULTURAL LANDS (GUJARAT AMENDEMENT) ACT -2009

2009-12-24T23:16:00.000+05:30

BOMBAY TENANCY AND AGRICULTURAL LANDS (GUJARAT AMENDEMENT) ACT -2009
The present amendment is made in original BOMBAY TENANCY AND AGRICULTURAL LANDS ACT 1948 and it published in government Gazette on 24/7/2009.
The main feature of amendment is to give validation of Partition among the members of the family who have direct blood relationship with the deceased tenant. And as per third proviso of sec.4 (2) of amendment act the beneficiaries i.e. legal heirs of the tenant have same right as tenant subject to terms, conditions and restrictions, interest applicable to such land.
By section 3 of the amending act old section 32-O was deleted. And in section 43(1) the following words are substituted by virtue of section 4 of amendment act 2009. Section 43 provides restrictions regarding transfer of land and as per new amendment - no previous sanction of the collector shall be required, if the partion of the land is among the members of the family who have direct blood relation or among the legal heirs of the tenant.
Present provisions of amendment provide benefit to the legal heirs of the tenant to partition their land without asking for any permission of collector under tenancy act.

MOTOR VEHICLE AMENDEMENT BILL 2007 SALIENT FEATURES

2009-12-19T21:22:00.001+05:30

RAHUL MISTRY rahulbmistry@aol.com

________________________________________________________

SALIENT FEATURES OF THE MOTOR VEHICLES (AMENDMENT) BILL, 2007

PLEASE NOTE THAT THIS IS ONLY PROVISIONS OF BILL AND PREASENTLY IT IS PENDING AND BASED UPON THIS BILL AND RECOMMENDATIONS FROM COMMITTEE THE AMENDMENT SHALL TAKE PLACE IN FUTURE.

The Motor Vehicles (Amendment) Bill, 2007 was

introduced in the Rajya Sabha on May 15, 2007 and was

referred to the Standing Committee on Transport, Tourism

and Culture. The Standing Committee on Transport, Tourism and Culture submitted its 139th Report on ‘The Motor Vehicles (Amendment) Bill, 2007’ on April 28, 2008. The hairperson was Shri Sitaram Yechury.

Soon in future new Major Amendment is coming in the Motor vehicle act- 1988 and for the purpose of understanding major changes and new amendments which is proposed to be made in MV act. The main features in the act are as under…..

The Motor Vehicles Act, 1988, a principal instrument for regulating motor vehicles was amended for the first time comprehensively in 1994. Then some minor amendments were carried out in 2000 and 2001. However, in recent past, Road Transport Sector had undergone many changes in terms of vehicle population, technological up -gradation, increase in road accidents and vehicular pollution. Many provisions of the Act had either lost its significance or started creating

More hurdles rather than making the system smooth. Moreover, there are a large number of provisions which are enforced by State Governments but they are dependant on Central Government for its approval. There was also a clamor for restructuring Second Schedule which prescribes the structured compensation formula.

The Statement of object and reasons of the Bill states that Bill interalia, seeks to achieve

The following:-

(I) to enhance penalties, wherever considered necessary, for violation of provisions of the Motor Vehicles Act, 1988 with a view to ensure road safety and discipline;

(ii) To provide for civil penalty in addition to the existing criminal liability. The amount realized by way of civil penalty shall be credited to the Solarium Fund which is to be used for the accident victims;

(iii) To confer more powers to States and Union territories, to make regional transport authorities more responsive in discharge of their duties and responsibilities;

(iv) To remove anomalies and rationalize provisions for emerging new needs and requirements;

(v) To provide for a rationale and streamlining of provisions dealing with payment of appropriate compensation to road accident victims; and

(vi) To provide for settling of the claims directly by the insurer with a view to reduce the hardships of the accident victims and accelerate disposal of cases relating to compensation Claims.

HIGHLIGHTS OF THE BILL:

The Motor Vehicles (Amendment) Bill, 2008 aims to amend the Motor Vehicles Act, 1988.

The Bill enhances penalties for offences, and provides different

Penalties for first and subsequent violations.

The Bill gives increased powers to state governments in matters such as regulating stage and contract carriages, in regulating service operators, and creation of authorized testing stations.

Automobile associations recognized by state governments shall be

Allowed to issue driving certificates. Those holding driving certificates

May be exempted from a driving test for the issue of a license.

The Bill changes the method of awarding compensation for motor

accident claims. If the fault of the driver is sought to be established, the claim shall be decided by the civil court or Motor Accident Claims

Tribunal. If the claimant does not seek to establish the fault of the

driver, compensation shall be based on the victim’s income and age.

NEW AMENDEMENT IN SECTION 161 OF THE ACT:

Ay provisions related to the sates in the schedule hereinander and that for the purpose of that and allowing the matters which are considered under the act and any other provisions under the act. The new amendment in the MV ACT which makes provisions of the solarium funds and by this amendment act provides to establish funds which is governed by the INSURANCE DEVELOPMENT AUTHORITY OF INDIA AND other insurance authorities and the amount of the proceeding of the compensation is going to receive and by this act they have enhanced the amount of compensation of the victim in the case of hit and run cases which reads as under they have raised an amount in the case of death by 25000/- and in case of injury fixed amount of injury shall be 25000/- rupees and out of that and for that the amount shall be decided by the consortium fund of the stat

And now the latest features of this amendment which shall be beneficial of the claimants and their relatives for the purpose of getting effective remedies they shall get speedy remedy of the adjudication purposes and by virtue of amendment in clause 40 of the amendment bill they shall be getting the details of the court and shall be the another state shall be any other purpose and

Amendment in section 166 of the act:

In section 166 of the principal Act,—

(i) in sub-section (2), the proviso shall be omitted.

(ii) After sub-section (4), the following sub-sections shall be inserted, namely:—

“(5) Notwithstanding anything contained in the Motor Vehicles Act,

1939, or any law for the time being in force, in respect of claims for compensation Under the said Act which are pending at any stage, at the date of commencement of the Motor Vehicles (Amendment) Act, 2007 in a Claims Tribunal or court, the right of an injured person to claim compensation shall upon the death of injured Person be available to his legal representative, irrespective of whether the cause of death was relatable to or had any nexus with the injury or not: Provided that in case where the cause of death is not relatable to or has no Nexus with the injury, the compensation shall be restricted to the period between The date of injury and the date of death of the person so injured.

(6) No application for compensation shall be entertained unless it is made within three years of the occurrence of the accident subject to the general Principles provided in the Limitation Act, 1963.” as per above amending proviso sub section 2 shall be omitted.

EFFECTS OF AMENDEMENT:

Ø CLAUSE 6 PROVIDES PROVISION OF LIMITATION OF FILLING APPLICATION UNDER SECTON 166 OF ACT AND LIMITATION IF OF 3 YEARS.

INSERTATION OF NEW SECTION 167-A

The following section shall be inserted in the act….

“167A. Notwithstanding anything contained in section 166 and section 168, an insurer shall endeavor to settle the claims out of the Tribunal or a civil court under section 163Aand section 163B directly with the claimant either suo motu or on receipt of a notice within a

Period of three months, by mutual consent and on receipt of the compensation by the claimant, the Tribunal or the court shall, if satisfied that a lawful compromise or agreement has been arrived at by them, dispose of the application filed by the claimant in this regard.

Explanation.—An agreement or compromise which is void or voidable under the Indian Contract Act, 1872 shall not be deemed to be lawful within the meaning of this section.”

IMPORTANT FEATURES OF 167-A

Ø Clause 46 propose to insert section 167A in the Act, to enable the insurer to make an endeavor to settle the claims out of a Tribunal or civil court directly with the claimant by mutual consent. By this provision act provides claimant to sue the opponent in civil court also. Generally in the cases where opponent is only private parties and not insurance companies the both claimant and opponent can settle their claims in civil courts also.

AMENDEMEBT IN SECTION 163-B

For section 163B of the principal Act, the following section shall be substituted,

Namely:—

“163B. (1) A person not preferring to claim compensation under section 163A may claim compensation under this section from the Motor Accidents Claims Tribunal or a civil court, as the case may be.

(2) In such a case the onus for proving any wrongful act, neglect or default of the owner or driver of the motor vehicle causing the accident shall rest on the person claiming such compensation: Provided that if a person preferring a claim under this section fails to prove such wrongful act, neglect or default of the owner or driver, his claim shall be determined as per the provisions contained in section 163A.

(3) A claim filed before the Motor Accidents Claims Tribunal or a civil court shall be heard as expeditiously as possible and an endeavour shall be made to finally dispose of the claim within a period of two years from the date of its filing: Provided that no adjournment shall be ordinarily granted by the Motor Accidents Claims Tribunal or a civil court, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such Tribunal or court: Provided further that the Motor Accidents Claims Tribunal or a civil court, as the case may be, shall make such orders as to the cost occasioned by the adjournment as it may consider necessary: Provided also that in the event of a claim being disposed of after the period so specified, the Motor Accidents Claims Tribunal or a civil court, as the case may be, shall record in writing the reasons for the same at the time of disposing of the said claim.”.

NEW SCHEDULE

“THE SECOND SCHEDULE

(see section 163A)

The multiplier applicable for different age groups:—

Age Group (in years) Multiplier

(1)(2)

Above 15 years but not exceeding 16 15

Above 16 years but not exceeding 20 16

Above 20 years but not exceeding 25 17

Above 25 years but not exceeding 30 18

Above 30 years but not exceeding 35 17

Above 35 years but not exceeding 40 16

Above 40 years but not exceeding 45 15

Above 45 years but not exceeding 50 13

Above 50 years but not exceeding 55 11

Above 55 years but not exceeding 60 8

Above 60 years 5

Notes:—

1. For death of non-earning persons, a fixed compensation shall be payable:—

(a) Rs. 1, 00,000 for children up to 5 years of age.

(b) Rs. 1, 50,000 for persons more than 5 years of age.

2. Minimum amount payable is Rs. 1, 00,000.

3. Factors to be considered for working out compensation:—

(a) Age of the victim.

(b) Multiplier.

(c) Annual income up to Rs. 1, 00,000 (the maximum annual income for calculation

of compensation will be deemed to be Rs. 1,00,000 even if the income exceeds Rs. 1, 00,000).

4. Steps for working out compensation:—

(a) The proven annual income of the victim is to be worked out.

(b) Appropriate multiplier (higher of the multiplier based on the age of the victim and the age of the surviving/dependent parents/spouse/children) to be applied.

(c) Multiply the proven annual income by the appropriate multiplier to arrive at

Compensation amount, subject to following, namely:—

(i) The amount of compensation payable for Permanent Total Disablement

as defined in Schedule I of the Workmen’s Compensation Act, 1923 (8 of 1923)

Shall be determined by application of appropriate multiplier to proved income,

Subject to maximum of Rs. 10 lakhs.

(ii) The amount of compensation so arrived shall be reduced by 1/3rd in

Respect of fatal accidents (reduction of 1/3rd

Represents living expenses for

Deceased person, had he been alive).

5. Compensation in case of injury to non-earning persons in non-fatal accidents:—

(a)Grievous Injury Not exceeding Rs. 50,000

(b)Non-Grievous Injury not exceeding Rs. 20,000

6. Disability in non-fatal accidents in cases other than non-earning persons:—

The following compensation shall be payable in case of disability to the victim

arising out of non-fatal accident:—

A. Loss of income, if any, for actual period of disablement not exceeding

Fifty-two weeks PLUS either of the following subject to maximum of Rs. 10.00

lakhs.

(i) In case of permanent total disablement the amount payable shall

be arrived at by multiplying the annual loss of income by the appropriate

Multiplier applicable to the age of the victim on the date of determining the

Compensation.

(ii) In case of Permanent Partial disablement, the amount of

compensation payable shall be arrived at by multiplying the compensation

payable in case of permanent total disablement as specified under item (i)

above by the percentage of loss of earning capacity caused by that injury.

B. For injuries deemed to result in permanent total disablement / permanent

partial disablement as per section 145 (h), the percentage of loss of earning

capacity shall be as per Schedule I of the Workmen’s Compensation Act, 1923.

7. General damages in case of death:—

(i)Pain and suffering Up to Rs. 5,000

(ii)Loss of consortium, if beneficiary is the spouse Up to Rs. 10,000

(iii)Loss of estate Up to Rs. 5,000

(iv)Medical expenses – incurred before the death not exceeding Rs. 50,000

Duly supported by bills/vouchers.

8. General damages in case of disability in non fatal accidents:—

(i)Pain and suffering – non grievous injury Up to Rs. 5,000

(ii)Pain and suffering – grievous injury Up to Rs. 20,000

(iii)Medical expenses – incurred before the death Not exceeding duly supported by bills/vouchers. Rs. 50,000".

IMPORTANT NOTICE:

DISCLAIMER:

Author makes every effort to use reliable and comprehensive information, but AUTHOR does not represent that the contents of the report are accurate or complete. This article is published with the understanding that the author shall not be responsible for any damage or loss in whatever manner, consequent to any action taken on the basis of the contents of this article.

LIST OF REFERENCES:

Motor vehicle amendment bill 2007.
Pre legislative Reports by ANIRUDH BURMAN published date: 25/7/2009
Pre legislative Reports by OMAIR AHMED published date: 10/7/2007.

Standing committee 139^th Report by Shri Sitaram Yechury on 28/4/2008.

LEGAL DATABASE

2009-12-19T20:26:00.000+05:30

LEGAL DATABASE.