By Express News Service
NEW DELHI: To curb inordinate delays in disposal of the motor accident declare circumstances and to make sure initiation of strategy of claims on the earliest, Supreme Court lately issued slew of instructions for fast registration of First Accident Report after a motorcar accident.
Noting that the position of Investigating Officer is necessary and he’s required to adjust to 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 State/Union Territory to develop a specialised unit in each police station or at city degree and submit the educated police personnel. The bench to make sure the compliance of the provisions of the MV Amendment Act and the Rules, directed authorities to develop the identical inside a interval of three months from the date of this order.
Penned by Justice JK Maheshwari, the bench in 67 web page ruling additionally stated, “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 instructions had been issued by the bench whereas contemplating a plea in opposition to Allahabad HC of dismissing an enchantment most well-liked in opposition to an award handed by MACT. MACT allowed the declare 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 corporate to get well the identical from the proprietor who was saddled with legal responsibility.
“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,” courtroom stated in its ruling.
The bench additionally stated that the initiation of the proceedings pursuant to registration of Miscellaneous Application by the Claims Tribunal, in whose jurisdiction the accident occurred would proceed till the proceedings has been filed by the claimant(s) individually.
“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 stated in its order.
In circumstances the place the distribution of police stations and specified Claims Tribunals just isn’t already in drive, the bench additionally directed Registrar Generals to arrange distribution memos and notify the identical time to time.
NEW DELHI: To curb inordinate delays in disposal of the motor accident declare circumstances and to make sure initiation of strategy of claims on the earliest, Supreme Court lately issued slew of instructions for fast registration of First Accident Report after a motorcar accident.
Noting that the position of Investigating Officer is necessary and he’s required to adjust to 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 State/Union Territory to develop a specialised unit in each police station or at city degree and submit the educated police personnel. The bench to make sure the compliance of the provisions of the MV Amendment Act and the Rules, directed authorities to develop the identical inside a interval of three months from the date of this order.
Penned by Justice JK Maheshwari, the bench in 67 web page ruling additionally stated, “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 instructions had been issued by the bench whereas contemplating a plea in opposition to Allahabad HC of dismissing an enchantment most well-liked in opposition to an award handed by MACT. MACT allowed the declare 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 corporate to get well the identical from the proprietor who was saddled with legal responsibility.
“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,” courtroom stated in its ruling.
The bench additionally stated that the initiation of the proceedings pursuant to registration of Miscellaneous Application by the Claims Tribunal, in whose jurisdiction the accident occurred would proceed till the proceedings has been filed by the claimant(s) individually.
“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 stated in its order.
In circumstances the place the distribution of police stations and specified Claims Tribunals just isn’t already in drive, the bench additionally directed Registrar Generals to arrange distribution memos and notify the identical time to time.