Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: MACP No. 133/2024
Rajbala & Ors. Vs. Raghvender Kumar Mishra & Ors.
07.10.2024
One regular stenographer is on leave today.
Present : Sh. K.K. Sharma, Ld. Counsel for petitioners.
Heard. Record perused.
Certified copies of Order of Superdari and Insurance
Policy has not been placed on record.
Perusal of the case file reveals that the incident in
question took place out of jurisdiction of Delhi on 05.11.2023 and
further the petitioner(s) is/are also permanent resident of outside
Delhi. 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, Investigating Officer of the incident has to intimate
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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 file Interim Accident Report
(IAR) in Form-V before concerned Claims Tribunal of the area in
question within 50 days of the accident. The Investigating Officer has
to also file Detailed Accident Report (DAR) in Form-VII before the
concerned Claims Tribunal within 90 days. As per Clause 21 of Form-
VIII, it is incumbent upon the concerned Claims Tribunal to treat the
DAR as claim petition filed for compensation under Section 166 (4) of
The Motor Vehicles Act, 1988 ( hereinafter referred to as M. V. Act ),
if the final report under Section 173 of 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, Claims Tribunal has to register
the case under Section 164 of The M. V. Act. Hence, in the present
case also, 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.
Recently,
Hon’ble Supreme Court of India in matter of
“Gohar Mohammed Vs. Uttar Pradesh State Road Transport
Corporation & Ors.” 2022 SCC Online SC 1769 while taking note of
amendments and new regime has held as follows : -
“64. Accordingly, this appeal is decided with the
following directions : -
(i) The appeal filed by the owner challenging the
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issue of liability is hereby dismissed confirming the
order passed by the High Court and MACT.
(ii) On receiving the intimation regarding road
accident by use of a motor vehicle at public place,
the SHO concerned shall take steps as per Section
159 of The M. V. Amendment Act.
(iii) After registering the FIR, Investigating Officer
shall take recourse as specified in The M. V.
Amendment Rules, 2022 and submit the FAR within
48 hours to the Claims Tribunal. The IAR and DAR
shall be filed before the Claims Tribunal within the
time limit subject to compliance of the provisions of
the Rules.
(iv) The registering officer is duty bound to verify
the registration of the vehicle, driving license,
fitness of vehicle, permit and other ancillary issues
and submit the report in coordination to the police
officer before the Claims Tribunal.
(v) The flow chart and all other documents, as
specified in the Rules, shall either be in vernacular
language or in English language, as the case may be
and shall be supplied as per Rules. The Investigating
Officer shall inform the victim(s)/legal
representative(s), driver(s), owner(s), insurance
companies and other stakeholders with respect to the
action taken following The M. V. Amendment Rules
and shall take steps to produce the witnesses on the
date, so fixed by the Tribunal.
(vi) For the purpose to carry out the direction No.
(iii), distribution of police stations attaching them
with the Claim Tribunals is required. Therefore,
distribution memo attaching the police stations to
the Claim Tribunals shall be issued by the Registrar
General of the High Courts from time to time, if not
already issued to ensure the compliance of the
Rules.
(vii) In view of The M. V. Amendment Act and
Rules, as discussed here-in-above, the role of the
Investigating Officer is very important. He is
required to comply with the provisions of the Rules
within the time limit, as prescribed therein.
Therefore, for effective implementation of The M.
V. Amendment Act and the Rules framed thereunder,
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the specified trained police personnel are required to
be deputed to deal with the motor accident claim
cases. Therefore, we direct that the Chief
Secretary/Director General of Police in each and
every State/Union Territory shall develop a
specialized unit in every police station or at town
level and post the trained police personnel to ensure
the compliance of the provisions of The M. V.
Amendment Act and the Rules, within a period of
three months from the date of this order.
(viii) On receiving FAR from the police station, the
Claims Tribunal shall register such FAR as
Miscellaneous Application. On filing the IAR and
DAR by the Investigating Officer in connection with
the said FAR, it shall be attached with the same
Miscellaneous Application. The Claims Tribunal
shall pass appropriate orders in the said application
to carry out the purpose of Section 149 of The M. V.
Amendment Act and the Rules, as discussed above.
(ix) The Claim Tribunals are directed to satisfy
themselves with the offer of the Designated Officer
of the insurance company with an intent to award
just and reasonable compensation. After recording
such satisfaction, the settlement be recorded under
Section 149 (2) of The M. V. Amendment Act,
subject to consent by the claimant(s). If the
claimant(s) is not ready to accept the same, the date
be fixed for hearing and affording an opportunity to
produce the documents and other evidence seeking
enhancement, the petition be decided. In the said
event, the said enquiry shall be limited only to the
extent of the enhancement of compensation,
shifting onus on the claimant(s).
(x) The General Insurance Council and all insurance
companies are directed to issue appropriate
directions to follow the mandate of Section 149 of
The M. V. Amendment Act and the amended Rules.
The appointment of the Nodal Officer prescribed in
Rule 24 and the Designated Officer prescribed in
Rule 23 shall be immediately notified and modified
orders be also notified time to time to all the police
stations/stakeholders.
(xi) If the claimant(s) files an application under
Section 164 or 166 of The M. V. Amendment Act,
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on receiving the information, the Miscellaneous
Application registered under Section 149 shall be
sent to the Claims Tribunal where the application
under Section 164 or 166 is pending immediately by
the Claims Tribunal.
(xii) In case the claimant(s) or legal
representative(s) of the deceased have filed separate
claim petition(s) in the territorial jurisdiction of
different High Courts, in the said situation, the first
claim petition filed by the claimant(s)/legal
representative(s) shall be maintained by the said
Claims Tribunal and the subsequent claim petition(s)
shall stand transferred to the Claims Tribunal where
the first claim petition was filed and pending. It is
made clear here that the claimant(s) are not required
to apply before this Court seeking transfer of other
claim petition(s) though filed in the territorial
jurisdiction of different High Courts. The Registrar
Generals of
the High Courts shall take appropriate steps and pass
appropriate order in
this regard in furtherance to the directions of this
Court.
(xiii) If the claimant(s) takes recourse under Section
164 or 166 of The M. V. Amendment Act, as the
case may be, he/they are directed to join Nodal
Officer/Designated Officer of the insurance
company as respondents in the claim petition as
proper party of the place of accident where the FIR
has been registered by the police station. Those
officers may facilitate the Claims Tribunal
specifying the recourse as taken under Section 149
of the M. V. Amendment Act.”
(xiv) Registrar General of the High Courts, States
Legal Services Authority and State Judicial
Academies are requested to sensitize all
stakeholders as early as possible with respect to the
provisions of Chapters XI and XII of The M. V.
Amendment Act and The M. V. Amendment Rules,
2022 and to ensure the mandate of law.
(xv) For compliance of mandate of Rule 30 of The
M. V. Amendment Rules, 2022, it is directed that on
disputing the liability by the insurance company, the
Claims Tribunal shall record the evidence through
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Local Commissioner and the fee and expenses of
such Local Commissioner shall be borne by the
insurance company.
(xvi) The State Authorities shall take appropriate
steps to develop a joint web portal/platform to
coordinate and facilitate the stakeholders for the
purpose to carry out the provisions of M. V.
Amendment Act and the Rules in coordination with
any technical agency and be notified to public at
large.”
Hence, the petitioner side is given time to array/join
concerned Nodal Officer of the Insurance Company of place of
incident in the present petition, apply to the concerned Tribunal to
send the statutory petition under Section 166 (4) of The M. V. Act
(along-with documents/FAR/IAR/DAR) to the present Tribunal and to
comply with the requirements of directions vide paragraph no.64 (xii)
of above cited judgment of Hon’ble Supreme Court of India, if
required in present matter.
Put up for further proceedings on 02.12.2024.
Short date is not possible as there is pendency of 3200
cases, out of which 500 cases are old matters, which shall be taken up
on priority.
(Vrinda Kumari)
Judge / PO, MACT,
New Delhi/07.10.2024 (J)
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