Madras HC Issues Guidelines For Settlement Of Just Accident Compensation Under MV Act [Read Order]

In order to minimize false claims and illegal practices in the matter of settlement of accident claims, the Madras has on Wednesday issued detailed guidelines for the settlement of just compensation. The guidelines were issued by a Bench compromising Justice SM Subramaniam in an appeal pertaining to false claim. The insurance company had approached the High Court against an order of the Claims Tribunal granting compensation to the Respondent-victim, stating that the very factum regarding the accident was not even established beyond any pale of doubt. It was submitted that the respondent's vehicle in question was not involved in the accident. The claimant had not given Registration number of the vehicle in question alleged to have been involved, while taking treatment. And he had given a wrong Registration number of his vehicle, while lodging the belated FIR Taking into account the entire facts and circumstances of the case, the Bench noted that the facts in a Claims Petition must be "unambiguous". It stressed, "Even in case, there is a loss of memory or the claimant due to the injury, unable to provide the correct vehicle number, at least the Police Investigation should reveal the accident occurring time and the place specified as in the Claim Petition. If the charge sheet of the Police is not corroborating with the facts stated in the Claim Petition, then the Tribunal ought not to have considered the Claim Petition at all." In view thereof, the following guidelines were issued for efficient and effective process to settle the compensation to the Accident Victims: The 3 rd respondent / Director General of Police, is directed to issue orders to all the Subordinate Police authorities, so as to ensure that on receipt of information regarding any accident, jurisdictional Police shall register the FIR immediately and upload the same on the Crime and Criminal Tracking Network and Systems (CCTNS) Website without any further delay.The 3 rd respondent / Director General of Police is directed to issue orders, conduct investigation of the accident without any undue delay and further, all other documents contemplated under the Detailed Accident Report (DAR) as per DGP Circular dated 02.01.2017 are uploaded periodically during the investigation. The investigation is to be completed and the Final Report is directed to be uploaded within a period of 90 days from date of accident.The documents are directed to be uploaded after verification for authenticity with the concerned Departments / Insurance Companies. The 3 rd respondent / Director General of Police is directed to ensure the Name, Address, Mobile number of the Victim (in injury cases) or of Spouse/Children (in case of fatal accidents) are uploaded in the website clearly. Aadhaar particulars of Victim/Spouse/Children are also to be uploaded to enable identification of the claimants and avoid multiple claim proceedings. The 3 rd respondent / Director General of Police is directed to suitably modify/alter, so as to send E-mail notifications to specified Email ID of the respective Motor Accident Claims Tribunals and Insurance companies concerned across the State of Tamil Nadu in respect of the FIR and the other documents uploaded by the Police authorities in order to serve the objective of Section 158(6) of the Motor Vehicles Act.Prompt implementation of the D.G.P. Circular and the directions of this Court is to be reviewed once in a month by the Inspector General of Police concerned and lapses, dereliction of duty by any authority are to be viewed seriously and Disciplinary Proceedings are to be initiated against the erring officials.The 3 rd respondent / Director General of Police is directed, in case, where any vehicle involved in accident does not have insurance, the Investigating Police Officer shall not release and shall impound the vehicle.The 5 th respondent / The Director of Medical and Rural Health Services is directed to maintain Accident Registers in all the Government Hospitals across the State for Road Traffic Accidents in a specific colour with continuous running numbers and upload the accident particulars in the Medical Department official website. The uploading of the information is directed to be made within a period of seven days from the date of receipt of information regarding the accident.The 5 th respondent / The Director of Medical and Rural Health Services is directed to ensure Blood Tests are conducted in required Road Traffic Accident Cases under Sections 185 and 204 of the Motor Vehicles Act, 1988.Necessary directions are to be issued to all the Government Hospitals across the State of Tamil Nadu. The 5 th respondent / The Director of Medical and Rural Health Services is directed to ensure that the competent Medical Board examine the referred accident victims and issue 'Disability Certificate' within a period of thirty (30) days from the date of such...

Madras HC Issues Guidelines For Settlement Of Just Accident Compensation Under MV Act [Read Order]

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