Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 32 MACT 645/23
BACHEYA DEVI Vs. SAMBHU MANDAL
10.11.2023
Fresh claim petition under Section 166 and 140 of the MV Act received. It
be checked and registered.
Present: Kumar Shiva, Ld. Counsel for petitioner alongwith
petitioner No. 1.
Petitioners are absent and have not appeared before the court.
On Perusal of record, it is revealed that the claimants are stated to be
resident of 11/31, Geeta Colony, East Delhi-1100031, alos at E-39/57, Rani
Garden (Suresh Ka Makan), Block-12, Geeta Colony, East Delhi-110031 and the
incident in question took place at around 12:00 pm near Priyadarshi Park,
Hindan Bridge, Hindan Pul Chowki, within the jurisdiction of PS Sahibabad,
Distt. Trans Hindan, Ghaziabad on 29.09.2023.
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.
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
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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 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
petitioners on 08.01.2024.
(Mayuri Singh)
P.O. MACT (East)/Delhi
10.11.2023
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