Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9 MACT- 62/2024
SANGITA Vs. SAGAR
25/01/2024
Fresh claim petition has been received throuhg e-filing. It be checked
and registered.
Present: None.
Physical copy of the claim petition is not received yet and
petitioner is directed to file the same. Computer print out not taken out at
this stage to avoid wastage of page, as reported by Reader.
Petitioners have not appeared before the Court nor complied
with the direction of the Tribunal.
On Perusal of record, it is revealed that the claimants are stated
to be resident of Village- Prempuri Line Paar, Khekda, Khekada, Baghpat,
U.P.-250101 and the incident in question took place at around 07:30 pm near
Nangla Tashi, within the jurisdiction of PS Kanker Kheda, Distt- Meerut on
11.09.2023.
In this regard, it is pertinent to note that 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.
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As per procedure of the investigation prescribed vide Annexure
VIII, the 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 thereon file an Interim Accident Report (IAR) in Form V
before Claims Tribunal of the area in question within 50 days of the
accident. The Investigating Officer has to finally also file a Detailed
Accident Report (DAR) in Form VII before the said Claims Tribunal within
90 days of the incident.
Furthermore, as per Clause 21 of Form VIII, the Claims
Tribunal has to mandatory treat the DAR as claim petition filed for
compensation under section 166 (4) of the MV Act, if the final report under
Section 173 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 bring a case of rashness or negligence, the Claims
Tribunal has to register the case under Section 164 of the Motor Vehicles
Act, 1988 (hereinafter referred to as M.V Act).
In view of the above said, it is clear that in the present case also,
the 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.
Therefore, in these circumstances, to rule out a case of pursuing same
remedy by the petitioner/claimant before two Claims Tribunals and in order
to rule out the multiplicity of the proceedings, it is imperative to ask the
petitioner to furnish a copy of appropriate order seeking transfer of
claim/DAR from concerned Claims Tribunal where the incident in question
has already taken place before proceeding further with this petition at hand.
Ld. Counsel for claimant/petitioner is required to clarify whether any
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statement has been made before concerned claim Tribunal that petitioner
does not wish to puruse with the DAR as claim petition and instead wishes
to file claim petition in Delhi himself.
Hence, the claimants / petitioners are hereby directed to furnish
application before claim Tribunal seeking transfer of DAR before present
claim Tribunal so that same be tagged with the present claim petition as per
mandate in the judgment of Gohar Mohd. Vs. UPSRTC, decided on
15.12.2022. It is seen that petitioner had not added as respondent the Nodal
Officer of the Insurance Company at the place where accident took place
and directed to file amended memo of parties.
It does not reflect from the claim petition as to whether father
of the deceased was alive as on date. In the memo of parties, (under the
name of husband of mother of deceased, who is addressed as one of the
petitioners) his name is mentioned as Raju and there is nothing in the memo
of parties to refelct that he has expired. He is also Class-1 Legal
Representative of the deceased but not added in the memo of parties as
petitioner. Petitioner is also directed to clarify in this regard on the next date
of hearing.
To come up for filing of certified copy of statement of
withdrawal of claim petition/filing of certified copy of criminal case
record/amended memo of parties/appearance of major petitioners on
09.05.2024.
(Mayuri Singh)
P.O. MACT (East)/Delhi
20/01/2024
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