Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 16MACT136/24
SHOAIB Vs. VIKAS SINGH
24.04.2024
Fresh case filed through e-filing. It be checked and registered.
Present : Sh. Binod Kumar, Ld. Counsel for petitioner (Through V.C.).
Heard. Perused.
Perusal of the claim petition of the claimant reveals that though the
claimant is stated to be resident of Delhi, however, the incident in question took
place on 15.06.2023 at around 01:30 a.m. near Sector-64, Industrial Area, road
Noida, within the jurisdiction of PS Phase-III, Gautam Budh Nagar, UP.
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 Detailed Accident Report (DAR) in Form VII before the said
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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 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
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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 17.09.2024.
IO be also summoned for certain clarifications for next date of
hearing.
(DEVENDER NAIN)
PO-MACT/NE/KKD/Delhi/24.04.2024
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