Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: Kriti Aggarwal Vs. Vaibhav Gupta & Ors.
17.08.2023
Fresh case received by way of assignment. It be checked and registered.
Present: Sh. Atul Rathi, Ld. Counsel for petitioner.
Perusal of the case file reveals that the accident in question took
place on 25.10.2022 at a spot situated at NH-52, on Laakhni Morh within the
jurisdiction of PS Reengus, District Sikar, Rajasthan.
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.
Contd....2
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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
time limit subject to compliance of the provisions of the Rules.
Contd....3
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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.
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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 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 164
(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.
Put up for above purpose/consideration on 16.10.2023.
(DR. PANKAJ SHARMA)
PO MACT-02 (CENTRAL)
DELHI/17.08.2023(A)
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