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Homechevron_rightIndiachevron_rightSC issues instructions...

SC issues instructions for swift resolution of vehicle accident claim cases

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New Delhi: The Supreme Court recently issued a number of directives for the immediate registration of First Accident Reports following a motor vehicle accident in order to prevent excessive delays in the disposition of motor accident claim cases and to guarantee the earliest possible start of the claims process.

The bench of Justices S Abdul Nazeer and JK Maheshwari instructed the Chief Secretary/Director General of Police in each and every State and Union Territory to develop a specialised unit in every police station or at the town level and post the trained police personnel after noting the significance of the Investigating Officer's role and the necessity for him to adhere to the Motor Vehicle Rules.

The court instructed authorities to create the MV Amendment Act and the Rules within three months of the date of this ruling in order to ensure compliance with their contents.

Justice JK Maheshwari wrote the 67-page decision that the bench issued and 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 from 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 approved the claim petition and ordered the insurance company to recover the Rs. 31,90,000/- in damages from the owner who bore the burden of responsibility in order for the insurance company to pay the respondents, NIE reported.

“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 the M.V. Amendment Act and the Rules in coordination with any technical agency and be notified to the public at large,” court said in its ruling.

The court further stated that the procedures would continue until a claimant (or claimants) independently filed a proceeding pursuant to the filing of a Miscellaneous Application by the Claims Tribunal, in whose jurisdiction the accident occurred.

“In order to curb the delay on account of the 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 the 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,” the bench said in its order.

The court further stated that the procedures would continue until a claimant (or claimants) independently filed a proceeding pursuant to the filing of a Miscellaneous Application by the Claims Tribunal, in whose jurisdiction the accident occurred.

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TAGS:supreme courtVehicle Insurance
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