Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: MACT No. 352/2025
Md. Azad vs. Vinay Kumar & Ors.
24.04.2025
Fresh claim petition received by way of assignment.
It be checked and registered.
Present: Mr. Yash Sharma Adv., for the petitioner.
Perusal of the case file reveals that the accident in
question took place on 20.10.2024 at about 6.30 P.M. at Kamal
Civil Lines, Distt. Kamal.
The Central Vehicles Rules, 1989 has been recently
amended vide The Central Motor Vehicles (fifth amendment)
Rules, 2022. The amended rules came into effect from
01.04.2022 and were published by Ministry of Road Transport &
Highways vide its notification dated 25.02.2022. Vide said
amendment, new Rule 150A has been inserted which provides
the procedure to be followed for investigation of all accident
cases arising out of use of motor vehicles in accordance with
Annexure-VIII inserted in rules vide said amendment. The
Annexure-VIII provides detailed procedure for investigation of
the road accident cases.
As per procedure of the investigation prescribed vide
Annexure-VIII, Investigating Officer of the incident has to
intimate The Motor Accident Claims Tribunal of area in question
within 48 hours of the incident by submitting First Accident
Report (FAR) in Form-I. The Investigating Officer has to file
Interim Accident Report (IAR) in Form-V before concerned
Claims Tribunal of the area in question within 50 days of the
accident. The Investigating Officer has to also file Detailed
Accident Report (DAR) in Form-VII before the concerned
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Claims Tribunal within 90 days. As per Clause 21 of Form-VIII,
it is incumbent upon the concerned Claims Tribunal to treat the
DAR as claim petition filed for compensation under Section 166
(4) of The Motor Vehicles Act, 1988 (
hereinafter referred to as
M. V. Act), if the final report under Section 173 of The Code of
Criminal Procedure, 1973 (
hereinafter referred to as Cr. P.C.)
brings a case of rash and negligent driving. However, in cases,
where DAR does not brings a case of rashness or negligence,
Claims Tribunal has to register the case under Section 164 of The
M. V. Act. Hence, in the present case also, IO must have filed
First Accident Report (FAR), Interim Accident Report (IAR) and
Detailed Accident Report (DAR) before the concerned Claims
Tribunal of the area where the incident in question has taken
place.
Recently,
Hon’ble Supreme Court of India in matter
of
“Gohar Mohammed Vs. Uttar Pradesh State Road Transport
Corporation & Ors.” 2022 SCC Online SC 1769 while taking
note of amendments and new regime has held as follows : -
“64. Accordingly, this appeal is decided
with the following directions : -
(i) The appeal filed by the owner
challenging the issue of liability is hereby dismissed
confirming the order passed by the High Court and
MACT.
(ii) On receiving the intimation
regarding road accident by use of a motor vehicle at
public place, the SHO concerned shall take steps as
per Section 159 of The M. V. Amendment Act.
(iii) After registering the FIR,
Investigating Officer shall take recourse as
specified in The M. V. Amendment Rules, 2022
and submit the FAR within 48 hours to the Claims
Tribunal. The IAR and DAR shall be filed before the
Claims Tribunal within the time limit subject to
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compliance of the provisions of the Rules.
(iv) The registering officer is duty bound to verify
the registration of the vehicle, driving license,
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fitness of vehicle, permit and other ancillary issues
and submit the report in coordination to the police
officer before the Claims Tribunal.
(v) The flow chart and all other
documents, as specified in the Rules, shall either be
in vernacular language or in English language, as the
case may be and shall be supplied as per Rules. The
Investigating Officer shall inform the victim(s)/legal
representative(s), driver(s), owner(s), insurance
companies and other stakeholders with respect to the
action taken following The M. V. Amendment Rules
and shall take steps to produce the witnesses on the
date, so fixed by the Tribunal.
(vi) For the purpose to carry out the
direction No. (iii), distribution of police stations
attaching them with the Claim Tribunals is required.
Therefore, distribution memo attaching the police
stations to the Claim Tribunals shall be issued by the
Registrar General of the High Courts from time to
time, if not already issued to ensure the compliance
of the Rules.
(vii) In view of The M. V. Amendment
Act and Rules, as discussed here-in-above, the role of
the Investigating Officer is very important. He is
required to comply with the provisions of the Rules
within the time limit, as prescribed therein.
Therefore, for effective implementation of The M. V.
Amendment Act and the Rules framed thereunder, the
specified trained police personnel are required to be
deputed to deal with the motor accident claim cases.
Therefore, we direct that the Chief Secretary/Director
General of Police in each and every State/Union
Territory shall develop a specialized unit in every
police station or at town level and post the trained
police personnel to ensure the compliance of the
provisions of The M. V. Amendment Act and the
Rules, within a period of three months from the date
of this order.
(viii) On receiving FAR from the police
station, the Claims Tribunal shall register such FAR
as Miscellaneous Application. On filing the IAR and
DAR by the Investigating Officer in connection with
the said FAR, it shall be attached with the same
Miscellaneous Application. The Claims Tribunal shall
pass appropriate orders in the said application to
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carry out the purpose of Section 149 of The M. V.
Amendment Act and the Rules, as discussed above.
(ix) The Claim Tribunals are directed to satisfy
themselves with the offer of the Designated Officer of
the insurance company with an intent to award
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just and reasonable compensation. After recording
such satisfaction, the settlement be recorded under
Section 149 (2) of The M. V. Amendment Act,
subject to consent by the claimant(s). If the
claimant(s) is not ready to accept the same, the date
be fixed for hearing and affording an opportunity to
produce the documents and other evidence seeking
enhancement, the petition be decided. In the said
event, the said enquiry shall be limited only to the
extent of the enhancement of compensation, shifting
onus on the claimant(s).
(x) The General Insurance Council and
all insurance companies are directed to issue
appropriate directions to follow the mandate of
Section 149 of The M. V. Amendment Act and the
amended Rules. The appointment of the Nodal
Officer prescribed in Rule 24 and the Designated
Officer prescribed in Rule 23 shall be immediately
notified and modified orders be also notified time to
time to all the police stations/stakeholders.
(xi) If the claimant(s) files an
application under Section 164 or 166 of The M. V.
Amendment Act, on receiving the information, the
Miscellaneous Application registered under Section
149 shall be sent to the Claims Tribunal where the
application under Section 164 or 166 is pending
immediately by the Claims Tribunal.
(xii) In case the claimant(s) or legal
representative(s) of the deceased have filed separate
claim petition(s) in the territorial jurisdiction of
different High Courts, in the said situation, the first
claim petition filed by the claimant(s)/legal
representative(s) shall be maintained by the said
Claims Tribunal and the subsequent claim petition(s)
shall stand transferred to the Claims Tribunal where
the first claim petition was filed and pending. It is
made clear here that the claimant(s) are not required
to apply before this Court seeking transfer of other
claim petition(s) though filed in the territorial
jurisdiction of different High Courts. The Registrar
Generals of the High Courts shall take appropriate
steps and pass appropriate order in this regard in
furtherance to the directions of this Court.
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(xiii) If the claimant(s) takes recourse under Section
164 or 166 of The M. V. Amendment Act, as the case
may be, he/they are directed to join Nodal
Officer/Designated Officer of the insurance company
as respondents in the claim petition as proper party of
the place of accident where the FIR has been
registered by the police station. Those officers may
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facilitate the Claims Tribunal specifying the recourse
as taken under Section 149 of the M. V. Amendment
Act.”
(xiv) Registrar General of the High
Courts, States Legal Services Authority and State
Judicial Academies are requested to sensitize all
stakeholders as early as possible with respect to the
provisions of Chapters XI and XII of The M. V.
Amendment Act and The M. V. Amendment Rules,
2022 and to ensure the mandate of law.
(xv) For compliance of mandate of Rule
30 of The M. V. Amendment Rules, 2022, it is
directed that on disputing the liability by the
insurance company, the Claims Tribunal shall record
the evidence through Local Commissioner and the fee
and expenses of such Local Commissioner shall be
borne by the insurance company.
(xvi) The State Authorities shall take
appropriate steps to develop a joint web
portal/platform to coordinate and facilitate the
stakeholders for the purpose to carry out the
provisions of M. V. Amendment Act and the Rules in
coordination with any technical agency and be
notified to public at large.”
Hence, the petitioner(s) is given time to array/join
concerned Nodal Officer of the Insurance Company of place of
incident in the present petition, apply to the concerned Tribunal
to send the statutory petition under Section 166(4) of The M. V.
Act (along-with documents/FAR/IAR/DAR) to the present
Tribunal and to comply with the other directions mentioned in
paragraph no. 64 (xii) of above cited judgment of
Hon’ble
Supreme Court of India, if required in present matter.
Put up for further proceedings on 21.07.2025.
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(Dr. Ruchi Aggarwal Asrani)
Presiding Officer, MACT-01 (Central)
THC/Delhi/24.04.2025
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