Order 1

Order Details: COPY OF ORDER
Pdf Text: 11 MACT 8/24
NUTAN VERMA AND ORS. Vs. GAURAV KUMAR AND
ORS.
15.04.2024
Fresh case received by way of assignment. It be
checked and registered.
Present: Sh. Upender Singh, Ld. Counsel for petitioner.
Perusal of the claim petition of the claimant reveals
that the incident in question took place at around 10:00 AM near
Akhada Mandir Awas Vikas, Mandoli Vihar, Tronica City,
Ghaziabad, within the jurisdiction of PS Tronica City, District
Ghaziabad (Uttar Pradesh) on 24.09.2023.
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
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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.
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.
Moreover, the petitioner also needs to be directed to
file complete investigation report/final report filed by the IO
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under Section 173 Cr.P.C before the concerned criminal court so
as to know the final outcome of the investigation of the criminal
case.
Hence, the claimant 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 and to file the copy of the
complete report in respect of the incident filed by the IO under
Section 173 CrPC before the concerned Court.
Ld, Counsel for the petitioner seeks some time for
the same.
Put up for filing of aforesaid
documents/consideration/further proceedings on 20.09.2024.
(DEVENDER NAIN)
PO/MACT/NE/KKD/DELHI/15.04.2024.
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