Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: MACT No.565/25
Sumitra Rani Vs. Rahul & ors.
07.07.2025
Fresh claim petition has been received from filing
section. It be checked and registered.
Present : Sh. Yash Sharma, Ld. Counsel for the petitioner.
Heard. Perused.
Perusal of the case file reveals that the accident in
question took place on 17.05.2025 at about 9:30 PM Village
Klavaheri within the jurisdiction of PS Kunjpura, District Karnal,
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
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the accident. The Investigating Officer has to also file 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
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time limit subject to compliance of the provisions of
the Rules.
(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 claim petition as proper party of
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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.”
The petitioner has already made, Nodal Officer of
insurance company, as respondent no. 4, in terms of aforesaid
judgment. Hence, the petitioner(s) is given time to 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 24.09.2025. Copy
be given dasti.
(Ruchika Singla)
Presiding Officer, MACT-01 (Central)
THC/Delhi/07.07.2025
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