Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 7 MACT 105/25
Sadhna and Ors. Vs. Praveen Kasana and Ors.
25.02.2025
Fresh Claim petition received by way of assignment. It be checked and
registered as per rules.
Present: Sh. Shekhar Aggarwal, Ld. Counsel for petitioner.
Heard. Perused.
Perusal of the case file reveals that the incident in question
took place out of jurisdiction of Delhi on 20.08.2024. 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 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
page 1 of 5
-- 1 of 5 --
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 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
page 2 of 5
-- 2 of 5 --
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, 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
page 3 of 5
-- 3 of 5 --
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.
(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
page 4 of 5
-- 4 of 5 --
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
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 consideration/further proceedings on
30.04.2025.
(HARUN PRATAP)
PO-MACT-02/SHD/KKD
25.02.2025
page 5 of 5
-- 5 of 5 --