Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 13. MACT 413/23
JASHMIN Vs. SANJEEV KUMAR
18.07.2023
Fresh claim petition under Section 166 and 140 of the MV Act received. It
be checked and registered.
Present : Sh. M.R. Mansoori, Ld. Proxy Counsel for petitioners.
Petitioners are absent and have not appeared before the court.
On Perusal of record, it is revealed that the claimant is stated
to be resident of Village Muradpura and the incident in question took place
at around 12:0 pm at Opposite Tatavi Sugar moll at Muzaffar Nagar- Shamli
road within the jurisdiction of PS Titawi, Distt. Muzaffar Nagar on
07.06.2023.
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.
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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 certified copy of statement of
withdrawal of claim petition / filing of certified copy of criminal case
record/appearance of all the major petitioners on 06.11.2023.
(Mayuri Singh)
P.O. MACT (East)/Delhi
18.07.2023
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