Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 20 MACT 415/24
Anila Devi and others Vs. Noor Mohd and others
17/08/2024
Fresh claim petition filed. It be checked and registered.
Present: Sh. Amit Kumar Sharma, Ld. Counsel for petitioners alongwith
petitioner No.1.
On Perusal of record, it is revealed that the claimants are stated
to be resident of Village Belha Gohuma Bairia, Mahubani Bihar-847402 and
the incident in question took place at around 01:40 pm near Maharajpur cut
Ghaziabad, within the jurisdiction of PS Link Road on 12.05.2024.
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
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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 mandatorily 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 statement has been made
before concerned claim Tribunal that petitioner does not wish to pursue with
the DAR as claim petition and instead wishes to file claim petition in Delhi
himself.
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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 petitioners 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/amended memo of parties/appearance of major
petitioners on 03.01.2025.
(Mayuri Singh)
P.O. MACT (East)/Delhi
17/08/2024
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