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Proceedings Before Motor Accident Cases Tribunal Are Inquisitorial In Nature

In Sri Srikrishna Kanta Singh Vs. Sri Parameswar Achutanan Nair, the Calcutta High Court has held that proceedings before the Motor Accident Cases Tribunal are inquisitorial in nature.

The court said that strict rules of adversarial action, with which the Learned Members of such a Tribunal are very familiar, due to the qualifications prescribed in Section 165(3) of the Act of 1988, would not apply to such a Tribunal and it has been empowered to act inquisitorially unless expressly forbidden. Once it is accepted that the scheme of the statute and the rules, for the purposes of determining compensation, fixation of liability, and determining who is to pay what to whom, envisages an inquisitorial procedure, the requirements of adversarial proceedings take a back-seat, in the interests of the quest for truth.

Article referred: http://www.livelaw.in/proceedings-before-motor-accident-cases-tribunal-are-inquisitorial-in-nature-calcutta-hc-read-judgment/

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