Order 2

Order Details: COPY OF ORDER
Pdf Text: M.A.C.T 121/24
IRFAN AND ORS. Vs. AKRAM AND ORS.
03.02.2025
Both the regular stenographers are on leave today.
Present : Sh. Manish Jha, Ld. counsel for petitioners.
Heard. Record perused.
Certified copies of criminal case record not filed.
On the last date of hearing it was directed that Nodal Officer-
Noida of the insurance company was not a necessary party. However, in
view of Gohar Mohd’s. Judgement, such Nodal Officer is required to be
impleaded. Nodal Officer is therefore re-impleaded as R-3.
Perusal of the case file reveals that the incident in question
took place out of jurisdiction of Delhi on 05.03.2024 and further the
claimant(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
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investigation of the road accident cases.
As per procedure of the investigation prescribed vide
Annexure-VIII, 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 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.
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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 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.
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(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, 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
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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, 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.
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(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 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
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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.
In light of judgment dated 29.10.2024 of Honble High Court
of Delhi in CM (M) 3755/2024 titled as “Jagpal & Ors. Vs. Mohd. Bilal &
Anr.” subject to filing of certified copies of criminal case record, issue
notices to the respondents on filing of PF/RC/AD/Authorized courier for
the NDOH.
Outstation ordinary process be served through
Ld.PDJ/Ld.CJM concerned.
Put up on 08.09.2025.
Short date is not possible as there is pendency of more than
3000 cases out of which approx. 500 cases are old matters, which shall be
taken up on priority.
(Vrinda Kumari)
Judge / PO, MACT
New Delhi/03.02.2025
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