Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 40 MACT 693/23
KUMARI NISHA @ NEELAM Vs. MONU SHARMA
06.12.2023
Fresh claim petition under Section 166 and 140 of the MV Act
received. It be checked and registered.
Present: Sh. Shekhar Aggarwal, Ld. Counsel for petitioner.
Petitioner is absent and has not appeared before the court.
On Perusal of record, it is revealed that the claimant is stated to be
resident of Farhadpur, Bulandshahr and the incident in question took
place at around 01:30 pm, within the jurisdiction of PS Jahangirabad,
District- Bulandshahr (Uttar Pradesh) on 07.08.2023.
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
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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 claimant / petitioner is 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 petitioner on 06.02.2024.
(Mayuri Singh)
P.O. MACT (East)/Delhi/ 06/12/2023
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