Tuesday, August 22, 2023

Motor Accident Claims : Supreme Court Criticises 'Lethargic Attitude' Of States In Not Filing Compliance Report



Read Order

The Supreme Court recently criticised the 'lethargic attitude' of states in not filing compliance reports on directions issued by the Top Court for implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules.

The Apex Court in its previous order dated 10.07.2023 had urged the States and High Courts that had not filed their compliance reports in connection with a slew of directions issued by the Top Court in December 2022 with regard to motor accident compensation claims to do so by August 14. The Court warned that if the reports are not submitted on time, the Court would have to insist on the presence of Registrar Generals of the concerned High Courts and the Chief Secretaries of the concerned States in Court. The guidelines were issued in 2022 to carry out the purpose of the Motor Vehicle Amendment Act and the Rules.

Data required from Police of each District for the period 1st April, 2022 to 31st July, 2023.

Number of Road Accidents.

Number of cases in which First Accident Report (FAR) filed within 48 hours of the accident.

Number of cases in which First Accident Report (FAR) filed after 48 hours of the accident.

Number of cases in which First Accident Report (FAR) has not been filed.

Number of cases in which Interim Accident Report (IAR) filed within 50 days of the accident.

Number of cases in which Interim Accident Report (IAR) filed after 50 days of the accident.

Number of cases in which Interim Accident Report (IAR) has not been filed.

Number of cases in which Detailed Accident Report (FAR) filed within 90 days of the accident.

Number of cases in which Detailed Accident Report (FAR) filed after 90 days of the accident.

Number of cases in which Detailed Accident Report (FAR) has not been filed.

Data to be collected from each Insurance Company for the period 1st April, 2022 to 31st July, 2023

Number of Interim Accident Reports (IAR) received from the Police.

Number of First Accident Reports (FAR) received from the Police.

Number of Detailed Accident Reports (DAR) received from the Police.

Data to be complied in respect of each Motor Accident Claims Tribunal for the period 1st April 2022 to 31st July, 2023

Number of Interim Accident Reports (IAR) received month wise.

Number of First Accident Reports (FAR) received month wise.

Number of Detailed Accident Reports (DAR) received month wise.

Number of cases in which the Detailed Accident Reports (DAR has been treated as claim petition. Number of Cases decided according to the time period specified in Central Motor Vehicles Rules, 2022.

The Court directed the Registrar General of all High Courts and the Chief Secretaries of all States to file their compliance reports by 02.09.2023,

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