Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 11 MACT 171/23
MANTASHA AND ORS Vs. BIJENDRA SINGH AND ORS
10.07.2024
Present: Sh. Shekhar Aggarwal, Ld. Counsel for petitioner.
Perusal of the claim petition of the claimant reveals
that the incident in question took place at around 07:30 AM near
Baleni, Baghpat, UP, within the jurisdiction of PS Baleni, (Uttar
Pradesh) on 22.04.2023.
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 Detailed
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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
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.
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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 04.11.2024.
IO be also summoned through SHO concerned for
NDOH.
(DEVENDER NAIN)
PO/MACT/NE/KKD/DELHI/10.07.2024.
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