Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: MACT No………..
Meena Devi Vs. Harvinder Das & ors.
30.05.2024
Fresh claim petition has been received from filing
section. It be checked and registered.
Present : Mr. Sudhanshu, Adv. Proxy Counsel for the petitioner.
Heard. Perused.
Perusal of the case file reveals that the accident in question
took place on 21.05.2022 at about 2:00 PM near Coco Pump, Refinery,
Bohali, Panipat Sadar, Panipat, Haryana.
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
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Detailed Accident Report (DAR) in Form-VII before the concerned
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
compliance of the provisions of the Rules.
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(iv) The registering officer is duty bound to verify the
registration of the vehicle, driving license, 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 carry out the purpose of
Section 149 of The M. V. Amendment Act and the Rules, as
discussed above.
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(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 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.
(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
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claim petition as proper party of the place of accident
where the FIR has been registered by the police station.
Those officers may 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. Copy be given dasti.
List for further proceedings on 31.08.2024.
(Dr. Ruchi Aggarwal Asrani)
Presiding Officer, MACT-01 (Central)
THC/Delhi/30.05.2024
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