SC directs states to form special units to facilitate motor accident claims

The top court said that on receiving information about an accident, the SHO should file a report to the Claims Tribunal within three months

The Supreme Court directed states to constitute a special unit in police stations within three months to investigate and facilitate motor accident claim cases.

The top court also said that on receiving information about an accident, the SHO should file an accident information report to the Claims Tribunal within three months.

"The head of the Home Department of the state and the director general of police shall constitute a special unit in police stations or at least at town level to investigate and facilitate the motor accident claim cases," a bench of Justices S A Nazeer and J K Maheshwari said.

In its slew of directions, the bench also said after registering the FIR, the Investigating Officer should act as specified in the Motor Vehicles Amendment Rules, 2022 and submit the First Accident Report within 48 hours to the Claims Tribunal.

"The registering officer is duty bound to verify the registration of the vehicle, driving licence, fitness of vehicle, permit and other ancillary issues and submit the report in coordination to the police officer before the Claims Tribunal. The flow chart and all other documents, as specified in the rules, shall either be in vernacular language or in English language, as the case may be and shall be supplied as per Rules," the bench said in a recent order.

Observing that the role of the IO is very important, it said the officer shall inform the victim or the legal representative, driver, owner, insurance companies and other stakeholders with respect to the action taken while following the Motor Vehicles Amendment Rules.

"In case the claimant or legal representative of the deceased have filed separate claim petition in the territorial jurisdiction of different High Courts, the first claim petition filed by the claimant/legal representative(s) shall be maintained and the subsequent claim petition shall stand transferred to the Claims Tribunal where the first claim petition was filed and (is) pending," the bench said.

"It is made clear here that the claimant are not required to apply before this Court seeking transfer of other claim petition though filed in the territorial jurisdiction of different High Courts," the bench added.

The apex court also directed the state authorities to take appropriate steps to develop a joint web portal/platform to coordinate with and facilitate the stakeholders for carrying out the provisions of the Motor Vehicles Amendment Act and the Rules in coordination with any technical agency and be notified to public.

The top court's order came on a plea challenging an order passed by the Allahabad High Court which dismissed the appeal filed against the award passed by the Motor Accident Claims Tribunal (MACT).

The MACT had allowed the claim petition and awarded a compensation of Rs 31,90,000 in favour of legal representatives of a 24-year-old man who died in a road accident.