Supreme Court prod on crash claims

The Supreme Court has passed a slew of directions to all high courts and states for the effective facilitation of road accident claims across the country within a period of three months.

The apex court has also asked the states to set up, if possible, special units at all police station levels to facilitate the claims.

A bench of Justice Abdul Nazeer and Justice J.K. Maheshwari dismissed the appeal filed by a transport operator against judgments of a Motor Accidents Claims Tribunal (MACT) in UP and the Allahabad High Court awarding a compensation of Rs 31,90,000 to the family of a victim killed in a road accident caused by a bus owned by the appellant.

The court issued the following directives:

• The head of the home department of the state and the director general of police in all states/ Union Territories shall ensure compliance with the rules under the Motor Vehicles Act by constituting a special unit in the police stations or at least at the town level to investigate and facilitate the motor accident claim cases. The said action must be ensured within three months.
• In terms of Rule 30 of the MV Act, where the insurance company disputes the liability, the Claims Tribunal is duty-bound to record the evidence through the local commissioner and the fee/expenses of such a local commissioner shall be borne by the insurance company.
• After registering the FIR, investigating police officer shall submit the FAR (First Accident Report) within 48 hours to the Claims Tribunal.
• The Claims Tribunals are directed to satisfy themselves with 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 is to be recorded under Section 149(2) of the M.V. Amendment Act, subject to consent by the claimant(s). If the claimant(s) is not ready to accept the same, the date is to be fixed for hearing for seeking enhancement. In the said event, the said enquiry shall be limited only to the extent of the enhancement of compensation.
• In case the claimant(s) or legal representative(s) of the deceased have filed separate claim petition(s) in the territorial jurisdiction of different high courts, the first claim petition filed by the claimant(s)/legal representative(s) shall be maintained by the said Claims Tribunal and the subsequent claim petition(s) shall stand transferred to the Claims Tribunal where the first claim petition was filed and pending.