Motor Accident Claims : Supreme Court Issues Directions For Timely Registration Of First Accident Report By Police, Directs Forming Of Special Police Units

The Supreme Court has issued several guidelines for the registration of First Accident Report by the police immediately after a motor vehicle accident, so that the claim process under the Motor Vehicles Act can be initiated at the earliest.To ensure proper compliance with the Motor Vehicles Amendment Act 2019 and the related Rules, the Court directed the Police department of all states to develop a specialized unit and post trained police officers in every police station within three months."For the effective implementation of the MV 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", a Bench of Justices S Abdul Nazeer and JK Maheshwari said. This apart, here are the key guidelines issued by the Bench to the police and insurance companies on how to deal with cases concerning motor accidents. On receiving the intimation regarding road accidents by a motor vehicle at a public place, the concerned Station House Officer should take steps as per Section 159 of the MV Amendment Act. After registering the FIR, the Investigating Officer, as per Motor Vehicles Amendment Rules, 2022 should submit the First Accident Report within 48 hours to the Claims Tribunal. The Interim Accident Report and Detailed Accident Report also should be filed before the Claims Tribunal within the prescribed time limit. The registering officer should verify the registration of the vehicle, driving license, fitness of the vehicle, permit, and other ancillary issues and submit the report in coordination with the police officer before the Claims Tribunal. The flow chart and all other documents, as specified in the Rules, shall either be in the vernacular language or English language. The Investigating Officer shall inform the victim(s)/legal representative(s), driver(s), owner(s), insurance companies, and other stakeholders concerning the action and should take steps to produce the witnesses before the Tribunal. Distribution memos 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. The Claim Tribunals are directed to check 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 should be recorded under Section 149(2) of the MV Amendment Act, subject to consent by the claimant(s). If the claimant(s) is not ready to accept the same, a date should be fixed for the hearing and allowing producing the documents and other evidence seeking enhancement. The Court directed the General Insurance Council and all insurance companies to issue appropriate directions to follow the mandate of Section 149 of the MV Amendment Act and the Rules. The appointment of the Nodal Officer prescribed in Rule 24 and the Designated Officer prescribed in Rule 23 should be immediately notified. If the claimant(s) takes recourse under Section 164 or 166 of the MV Amendment Act, they are directed to join the Nodal Officer/Designated Officer of the insurance company as respondents in the claim petition as a proper party of the place of an accident where the FIR has been registered by the police station. The Court urged the Registrar General of the High Courts, States Legal Services Authority, and State Judicial Academies to sensitize all stakeholders as early as possible concerning the provisions of Chapters XI and XII of the MV Amendment Act and the MV 65 Amendment Rules, 2022 and to ensure the mandate of law. On disputing the liability by the insurance company, the Claims Tribunal shall record the evidence through the Local Commissioner. The fees and expenses of such a Local Commissioner will be borne by the insurance company. The State Authorities should take appropriate steps to develop a joint web portal/platform to coordinate and facilitate the stakeholders to carry out the provisions of the MV Amendment Act and the Rules in coordination with any technical agency.The guidelines issued by the Court :i) 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.ii) 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.iii) The registering officer is duty bound to verify the registration of the vehicle, driving licence, fitness of vehicle, permit and other ancillary issues and submit the report in coordination to the police officer before the Claims Tribunal.iv) The flow chart and all other documents, as specified in the Rules, shall either be in vernacular language or in English language,...

Motor Accident Claims : Supreme Court Issues Directions For Timely Registration Of First Accident Report By Police, Directs Forming Of Special Police Units

Rintu Mariam Biju

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