By Express News Service
NEW DELHI: To curb inordinate delays in disposal of the motor accident claim cases and to ensure initiation of process of claims at the earliest, Supreme Court recently issued slew of directions for immediate registration of First Accident Report after a motor vehicle accident.
Noting that the role of Investigating Officer is important and he is required to comply with the provisions of Motor Vehicle Rules, the bench of Justices S Abdul Nazeer and JK Maheshwari directed Chief Secretary/Director General of Police in each and every State/Union Territory to develop a specialised unit in every police station or at town level and post the trained police personnel. The bench to ensure the compliance of the provisions of the MV Amendment Act and the Rules, directed authorities to develop the same within a period of three months from the date of this order.
Penned by Justice JK Maheshwari, the bench in 67 page ruling also said, “The General Insurance Council and all insurance companies are directed to issue appropriate directions to follow the mandate of Section 149 of the MV 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.”
The directions were issued by the bench while considering a plea against Allahabad HC of dismissing an appeal preferred against an award passed by MACT. MACT allowed the claim petition and awarded a compensation of Rs. 31,90,000/- in favour of respondents which was to be paid by the Insurance Company by directing the company to recover the same from the owner who was saddled with liability.
“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,” court said in its ruling.
The bench also said that the initiation of the proceedings pursuant to registration of Miscellaneous Application by the Claims Tribunal, in whose jurisdiction the accident occurred would continue until the proceedings has been filed by the claimant(s) separately.
“In order to curb the delay on account of pendency of claim petition(s) before different Claim Tribunals within the territorial jurisdiction of different High Courts, such direction is necessary. Therefore, we deem it appropriate to exercise our power under Article 142 of the Constitution of India. It is directed that Registrar General of the High Courts shall issue appropriate orders for transferring the subsequent proceedings and records to the Claims Tribunal where the first claim petition filed by the claimant(s) is pending. It is made clear here that the parties are not required to file any transfer petition before this Court seeking order of transfer in such individual cases pending in the jurisdiction of different High Courts,” bench said in its order.
In cases where the distribution of police stations and specified Claims Tribunals is not already in force, the bench also directed Registrar Generals to prepare distribution memos and notify the same time to time.
NEW DELHI: To curb inordinate delays in disposal of the motor accident claim cases and to ensure initiation of process of claims at the earliest, Supreme Court recently issued slew of directions for immediate registration of First Accident Report after a motor vehicle accident.
Noting that the role of Investigating Officer is important and he is required to comply with the provisions of Motor Vehicle Rules, the bench of Justices S Abdul Nazeer and JK Maheshwari directed Chief Secretary/Director General of Police in each and every State/Union Territory to develop a specialised unit in every police station or at town level and post the trained police personnel. The bench to ensure the compliance of the provisions of the MV Amendment Act and the Rules, directed authorities to develop the same within a period of three months from the date of this order.
Penned by Justice JK Maheshwari, the bench in 67 page ruling also said, “The General Insurance Council and all insurance companies are directed to issue appropriate directions to follow the mandate of Section 149 of the MV 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.”
The directions were issued by the bench while considering a plea against Allahabad HC of dismissing an appeal preferred against an award passed by MACT. MACT allowed the claim petition and awarded a compensation of Rs. 31,90,000/- in favour of respondents which was to be paid by the Insurance Company by directing the company to recover the same from the owner who was saddled with liability.
“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,” court said in its ruling.
The bench also said that the initiation of the proceedings pursuant to registration of Miscellaneous Application by the Claims Tribunal, in whose jurisdiction the accident occurred would continue until the proceedings has been filed by the claimant(s) separately.
“In order to curb the delay on account of pendency of claim petition(s) before different Claim Tribunals within the territorial jurisdiction of different High Courts, such direction is necessary. Therefore, we deem it appropriate to exercise our power under Article 142 of the Constitution of India. It is directed that Registrar General of the High Courts shall issue appropriate orders for transferring the subsequent proceedings and records to the Claims Tribunal where the first claim petition filed by the claimant(s) is pending. It is made clear here that the parties are not required to file any transfer petition before this Court seeking order of transfer in such individual cases pending in the jurisdiction of different High Courts,” bench said in its order.
In cases where the distribution of police stations and specified Claims Tribunals is not already in force, the bench also directed Registrar Generals to prepare distribution memos and notify the same time to time.
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