Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23 MACT 113/24
Shahasta Vs. Nadeem Akhtar
07.03.2024
Present: Kumar Shivam, Ld. Counsel for petitioners.
Certified copy of final form filed.
On Perusal of record, it is revealed that the claimants are stated to
be resident of 365, Sambhal Joya Road, Nagla, P.O.- Rampur Urf Yarpur, Distt.
Sambhal, U.P.-244304 and the incident in question took place at around 05:45 pm
near Village Tajpur Nai Basiyat, within the jurisdiction of PS Nakhasa, Distt.
Sambhal on 20.11.2023.
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.
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
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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 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.
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 petitioners on 29.07.2024.
(Mayuri Singh)
P.O. MACT (East)/Delhi
07/03/2024
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