Order 1

Order Details: COPY OF ORDER
Pdf Text: MACP No.380/23
Pratap Nishad Vs. Karim Khan & Anr.
05.07.2023
Fresh claim petition under section 166 of M.V. Act filed. It be
checked and registered.
Present : Sh. N.K. Singh, proxy counsel for main counsel Sh.
Arvind Kumar, Counsel for petitioner.
Some more time sought by counsel for petitioner to file certified
copies of criminal case record and copy of aadhar card of the petitioner as well as
to produce the petitioner on the next date. Details of petitioner is in the memo of
parties do not seem to mention the State and District of his residence. Petitioner is
directed to file complete address details.
On Perusal of record, it is revealed that the incident in question took
place at around 10:50 pm at 60 km ahea Yamuna Expressway, Mathura, U.P.,
within the jurisdiction of PS Naujheel , Mathura, U.P. on 26.04.2023.
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
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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 withdrawal of claim from concerned Claims Tribunal where the incident in
question has already taken place before proceeding further with this petition at
hand.
Hence, the claimants / petitioners are hereby directed to furnish
certified copy of the statement of withdrawal of claim petition arising from the
DAR filed before the concerned Claims Tribunal of the area of incident in
question.
To come up for filing of copy of aadhar card of petitioner /
appearance of petitioner / certified copy of statement of withdrawal of claim
petition / filing of certified copy of criminal case record /fresh memo of parties
with complete details on 19.10.2023.
(Mayuri Singh)
PO MACT (East)/KKD
Delhi/05.07.2023
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