Sunday 10 September 2023

Under which circumstances the claim Tribunal should treat FIR as claim petition in case of motor accident?

  If they are read so, then it is no more the right of an accident victim to file a claim petition under Section 166 but it has bloomed into a full fledged duty on the part of the police. The police on investigation have to file an FAR (First Accident Report), IAR (Interim Accident Report) and DAR (Detailed Accident Report). As per Rule 18 of Annexure XIII, it has been mandatory on the Claims Tribunal to kick start the compensatory mechanism. Rule 21 of the Central rules ensures that the DAR filed by the police shall be treated as a Claim Petition.

20.Taking note of all these developments, the Supreme

Court of India rendered a Judgment in Gohar Mohammed v.

Uttar Pradesh State Road Transport Corporation and others in

S.L.P.(C).No.32448 of 2018. A reading of this Judgment goes to

show that the Police are no more playing a mere role of an

Investigating Authority and stopping with mere parting of

information. They are mandated by the Parliament to file reports with the Claims Tribunal, which should treat the same as a claim petition. The claimants have been freed from the shackles and are no more burdened to search for the documents necessary for filing a claim. The duty to report is now the police and the duty to process the said information given by the police and uploaded on to the website lies on the Tribunal. When access is given to the Tribunal to an FIR and the other details which have been uploaded by the police the claimant need not be made to run around or suffer from a fear that his petition is barred by time. It is the duty of the Claims Tribunal to access the information available to it and process the claim and give succour to the victims. It is not an adversarial system as was practiced before 01.04.2022 other parts of India (before 12.09.1979 in Tamil Nadu) but today it is a people oriented justice delivery Tribunal.

30.A reading of Section 166(4) shows that if any report of the

accident is forwarded to it under Section 159, the same shall be treated as an application for compensation. It is no more the discretion of the police. Rule 4(A)(5)(1) of the Tamil Nadu Rules read with the Central rules make it mandatory. It has now become a statutory duty of the Police to sent a report. It is pertinent to point out that the amendment under Section 166(4) does not speak about the

Interim Accident Report (IAR), First Accident Report (FAR) and

Detailed Accident Report (DAR) but speaks about “any report that has been sent by the police”. Therefore, even if an FIR sent by the police to the Tribunal, the same should be treated a Claim

Petition.

31.The upshot of the discussion is that on registration of an

FIR, a claimant is entitled to present the petition without the fear

of it being thrown out, on the ground of limitation. This would

be the correct reading of the present legal dispensation in all cases where FIR is registered within six months, of the date of any motor accident which takes place after 01.04.2022.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM

 MR. JUSTICE V. LAKSHMINARAYANAN

C.R.P.No.2558 of 2023

Malaravan  Vs Praveen Travels Private Limited,

Pronounced on : 18.08.2023.


The present revision petition raises a very interesting

question of law. The question of law is being interpretation of

Section 166 (3) of the Motor Vehicles Act.

Facts of the case:

2.The case of the petitioner is that he was driving towards

Oragadam Village on his way back home. The 1st respondent's

vehicle was driven by the 2nd respondent in a negligent manner

which resulted in injury. The date of the accident is on

11.10.2022. He filed his Claim Petition claiming that,

compensation under Section 140 read with Section 166 of the

Motor Vehicles Act, 1988, in M.A.C.T.O.P.(SR).No.3280 of 2023

on 19.04.2023. The said petition was returned on 25.04.2023. The

return reads as follows:

“Petition is returned as per limitation barred.”

Challenging the said return, the present revision has been filed.

3.Mr.Jaisingh, learned counsel appearing for the petitioner

would submit that the Claim Petition was filed with a delay of 8

days due to his treatment. On account of the accident, the

petitioner suffered fracture in his left leg and so, he had to rely

upon his family members for his day to day life. Hence, he could

not file the claim petition within six months. He would state that

he was suffering from disability as the Doctors have advised him,

being a compound wound he would have to take bed rest and

consequently, there is a delay. He would request a direction to be

given in the Revision to number the MACTOP.

4.Considering the importance of the issue, I appointed


Mr.N.Vijayaraghavan, Advocate, Madras High Court, as an

Amicus Curiae. This Court places on record its gratitude for the

ready acceptance of this assignment by Mr.N.Vijayaraghavan.

The learned counsel has been appointed as Amicus Curiae in

several matters by this Court and by the Supreme Court in

matters relating to insurance and the interpretation of Motor

Vehicles Act.

History of limitations to petitions for compensation:

5.Before dealing with the merits of the case, it is necessary to

deal with how the Law relating to Limitation arose in the Motor

Vehicles Act.

6.The first statutory intervention with respect to Motor

Vehicles came under the Motor Vehicles Act, 1939. This

legislation was in force for nearly fifty years. Under Section 110A

of the Motor Vehicles Act, the period of limitation for the purpose

of making a claim was “six months” from the date of the accident.


The rigour of the Section was softened by a proviso being added

to the said Section. Under that proviso, it was left to the

discretion of the Motor Accidents Claims Tribunal to condone the

delay in filing the petition claiming compensation if “sufficient

cause” had been shown. This applied for any length of delay and

it was not confined to any particular period.

7.The Motor Vehicles Act of 1939, was repealed by the

consolidated legislation in 1988. The said Motor Vehicles Act of

1988 came into force on 01.07.1989. Under the new Act, Section

166 was introduced. The period of limitation for filing a claim

was six months. The unbridled discretionary power granted to

the Court under the proviso to Section 110A was taken away,

though not in its entirety, but was confined only to a further six

months period. This led to a lot of litigations as the claims were

filed after the condonable period.

8.Taking into consideration the difficulties that have been

caused to the claimants, the Parliament amended Section 166 of

the Motor Vehicles Act of 1988. The proviso which restricted the

power of the Tribunal to condone the delay only upto six months

(beyond the original period of six months) was deleted. This was

as per Act 56 of 1994. The said amendment came into force on

14.11.1994.

9.Interpreting the amended Section 166 of the Act,

the Supreme Court was pleased to hold in Dhannlal v. D.P.

Vijayvargiya and others [1996 (4) SCC 652 as follows:

“It can be said that Parliament realised the grave

injustice and injury which was being caused to the heirs

and legal representatives of the victims who died in

accidents by rejecting their claim petitions only on

ground of limitation. It is a matter of common knowledge

that majority of the claimants for such compensation are

ignorant about the period during which such claims

should be preferred. After the death due to the accident, of

the bread earner of the family, in many cases such

claimants are virtually on the streets. Even in cases

where the victims escapes death some of such victims are

hospitalized for months if not for years...”

10.By virtue of this Judgment, persons approached the

Court after any length of time. The provisions stood still, till the

new amendment to Section 166 of the Act. Under the new Section

166 which came with effect from 01.04.2022, the period of

limitation has been re-introduced. Section 166 reads as follows:

“166.Application for compensation.- (3)No

application for compensation shall be entertained unless it

is made within six months of the occurrence of the

accident.

(4)The Claims Tribunal shall treat any report of

accidents forwarded to it under Section (159) as an

application for compensation under this Act. ”

11.Under this provision no claim can be entertained beyond

the period of six months from the date of the accident. Perhaps

this has worked on the mind of the learned Judge to come to the

conclusion that the MACTOP filed by the Civil Revision

Petitioner is barred.

12.Mr.N.Vijayaraghavan, the learned Amicus Curiae would

take me to the history behind Section 158(6) of the Motor Vehicles

Act (prior to Section 159). According to him, the said Section was

introduced by the Parliament under Act 56 of 1994 with effect

from 14.11.1994. He would state that this was in recognition of

“Epistolary Jurisdiction” developed by the Supreme Court in

public interest litigations. He would state that by virtue of

Section 158(6), an FIR registered by the Police was mandated to be

filed before the jurisdictional Claims Tribunal as well as before

the State Legal Services Authority. He would bring to my notice

that Section 158(6) (now Section 159) was never given life till the

substantial amendments were made on 01.04.2002.

13.On 01.04.2022, Chapter XI to the Motor Vehicles Act was

introduced. It is the submission of the learned Amicus that

Section 159 (Pari materia to 158(6)) has to be read along with the

newly introduced Sections. He adds Section 159 will have to be

read along with the Rules which have been notified by the

Government of India titled to the “Central Motor Vehicle Rules”.

Section 159 reads as follows:

“159.Information to be given regarding

accident.- The police officer shall, during the

investigation, prepare an accident information report to

facilitate the settlement of claim in such form and manner,

within three months and containing such particulars and

submit the same to the Claims Tribunal and such other

agency as may be prescribed.”

14.Section 159 mandates that on the occurrence of the

accident the police should file FIR and when read with the rule

send a copy of the same within 48 hours within the jurisdictional

MACT. This in line with 150A of the Central Motor Vehicle Rules

(CMV). He would state that the procedure that has been found

gets inspiration from the Judgment of the Hon'ble Mr. Justice

J.R.Midha (As His Lordship then was) of the Delhi High Court in

R.Rajesh Tyagi I to Rajesh Tyagi IV.

Regime between 2017 and 2022 in Tamil Nadu:

15.The learned Amicus Curiae would bring to my notice to

the Judgment of the Supreme Court in Jayapraksh v. National

Insurance Company Limited by a judgment dated 13.05.2016. It

extended the principle that had been laid down by the Delhi High

Court in the aforesaid judgment PAN India. He would also bring

to my notice to the Judgment of this Court in the case of

Cholamandalam MS General Insurance Company Limited, II

Floor, Date House, 2, NSC Bose Road, Chennai – 600 001 v. The

Inspector of Police, Cuddalore OT Police Station, Cuddalore, in

Crl.O.P.No.18110 of 2016 dated 12.09.2017 Paras 21 and 22 read

as follows:

“21 While the Motor Accidents Claims Tribunals

were afforded access first, and then Legal Services

Authorities, and then insurance companies and transport

corporations, SCRB took time to provide access to the

victims/claimants and owners/drivers (who could be

christened as accused at one level). SCRB has now

completed the circle by providing access to the last

segment also at a low price on and from 31/8/2017,

within the promised dateline or mandated timeline of this

Court. It adds a feather to the cap of SCRB for not only

conceiving this facility but ensuring its implementation

without any time overruns as well. Tamil Nadu Police

can take pride that they have met the mandate of law and

leading the way as the first and only State as on date in

implementation of DAR regime.

22.The claimants/victims and owners/drivers, when

they are registered and their details captured with mobile

numbers, are given an One Time Password (OTP) with

which they can have access to the uploaded DAR

compilation for a small fee of Rs.10/- per document. In

fact, if there is proper marketing of this dispensation and

the ordinary citizen becomes aware, possibly, just

possibly, the sale and purchase of victims as commodities

may cease and the claimants/victims may get full control

over their lives and claims to seek their own counsel and

file claims of their choice, rather than being peddled as

commodities for a price, immediately upon an accident,

and being more often than not compelled, to file claims

through a select community of practitioners who

dominate the jurisdiction. So, the benefits flowing from

this DAR regime are limitless except that it is for the

stakeholders to appreciate, assimilate, understand and

utilize it to their benefit. SCRB may be doing their job by

uploading the data and offering it on a platter to the

stakeholders, all of them, in particular, the

claimants/victims, at their door step. If the

claimants/victims become aware of this facility and wait a

wee bit, they can avoid themselves being sold as

commodities, since access to documentation under the

DAR regime is within their grasp to take full control of

their claims. But, if the claimants/victims fail or refuse to

take advantage of this wonderful dispensation, we would

still not be failing in our duty, for claimants/victims may

be failing themselves. We can take the horse to the water

but it is for the horse to drink for we cannot coerce it into

doing so.”

16.By virtue of these Judgments, the development in

Information Technology which was rapid in other fields was

embraced under the Motor Vehicles Act. Insofar as the State of

Tamil Nadu is concerned, Rule 4A(5) was introduced by the

Tamil Nadu Motor Vehicles Accidents Claims Tribunal Rules,

1989. This was pursuant to the “nudge” given by the Court in the

aforesaid Judgement. The said Rule reads as follows:

4-A. (1) Notwithstanding anything contained in

rule 3 and 24, any Police Officer not below the rank of a

Sub-Inspector of Police, who is entrusted with the

investigation of the motor vehicles accident, shall,

without waiting for the result of the investigation

or prosecution and as expeditiously as possible get

an application in Forms I and II appended to these

rules from the party injured in the accident or all or

any of the legal representatives of the deceased, as

the case may be, and forward the same to the

Claims Tribunal, who shall treat it an application

for the purpose of section 140 and 166 of the Act. The

said Police Officer shall also gather full particulars of the

Insurance Certificate in respect of the motor vehicle

involved in the accident and furnish them to the injured

party or to the legal representatives of the deceased. The

party concerned shall, before the Tribunal passes the

award, pay the fee prescribed in rule 24. An officer

investigating into an accident shall, after a case is

registered forward copies of the First Information Report

relating to the accident to (i) the Claims Tribunal having

jurisdiction; and (ii) the President of the District

Committee for Legal Aid and Advice concerned

constituted by the Tamil Nadu State Legal Aid and

Advice Board; An officer investigating into an accident

shall, immediately after an accident is registered, also

furnish the particulars to the nearest Legal-Aid

Committee or centre constituted by the Tamil Nadu State

Legal Aid and Advice Board in Form III Appendix III

to/these rules. Notwithstanding anything contained in

sub-rule (3), the officer of the Transport Department

inspecting the vehicle involved in an accident shall

furnish immediately the following information to the

Insurance Company with which the vehicle is insured;—

(i)Name and address of the owner of the vehicle;

(ii)Name of the driver and/or conductor;

(iii)Registration number of the vehicle;

(iv)Particulars of permits if any, in respect of the

vehicle, with validity;

(v)Date of expiry of fitness certificate; and

(vi)Date of expiry of the insurance.

(5) (i) All the documents related to motor vehicles

accidents including the report in Form IV shall be

uploaded digitally or scanned or by any other means by

the Investigating Officer on Crime and Criminal

Tracking Network and Systems (CCTNS) platform and

the same may be forwarded to the Claims Tribunal and

Legal Service Authority digitally. Upon such uploading

of documents, the State Crime Records Bureau (SCRB)

shall duly intimate the report in Form IV digitally to the

Claims Tribunal and Legal Service Authority concerned

in the State. (ii) All the Stake holders such as Insurance

Companies, Transport Corporation, owners of Motor

Vehicles, drivers of Motor Vehicles, Claims Tribunals,

Legal Service Authorities etc., can have access to the

Crime and Criminal Tracking Network and Systems

(CCTNS) platform and download the relevant documents

related to Motor Vehicles Accidents Claims on payment

basis or free of cost as per prevailing practice. (iii) In view

of the online Crime and Criminal Tracking Network and

Systems (CCTNS) platform developed by the State Crime

Records Bureau (SCRB) and availability of necessary

documents relating to Motor Accidents online for

download by all stake holders, the need for physical

preparation and submission of Detailed Accident Report

(DAR) documents to all stake holders is hereby dispensed

with"

17.A conjoint reading of these rules shows that in the State

of Tamil Nadu, all the documents relating to the motor vehicles

accidents including the report under Form - IV are digitally

uploaded on to the CCTNS platform. A direction was given

under Rule 4(A)(5) (I) to forward the same to the Claims Tribunal

or Legal Services Authority digitally. It empowered all

stakeholders such as, Insurance Companies, Transport

Corporation, owners of the motor vehicles, drivers, Claims

Tribunal, Legal Services Authority to have the access to CCTNS

platform. It enables them to download the relevant documents of

the motor vehicles claim on payment of charges or free of costs.

18.The learned Amicus Curiae would submit that the

nominal charges have been levied by the State Crime Record

Bureau which has been issued in order to develop the platform

further. This amendment insofar as the Tamil Nadu came into

force pursuant to the Judgment of this Court. The statistics of the

crime record bureau shows from 2017 onwards as many as

10,55,158 documents relating to motor accidents are available for

download/access by all stakeholders. All that the stakeholders

have to do is download the documents and register it as a claim.

The learned Amicus represents that though the feast is ready, the

invitees to the party, namely, the MACT, victims, etc., are yet to

partake in the same.

Shift from right to duty:

19.The Parliament taking note of such a rapid development

in Information Technology introduced Section 166(3) and 166(4)

of the Motor Vehicles Act. These Sections have to be read along

with Rule 150A read with Annexure XIII of Central Motor

Vehicles Rules with Forms I to IX. If they are read so, then it is

no more the right of an accident victim to file a claim petition

under Section 166 but it has bloomed into a full fledged duty on

the part of the police. The police on investigation have to file an

FAR (First Accident Report), IAR (Interim Accident Report) and

DAR (Detailed Accident Report). As per Rule 18 of Annexure

XIII, it has been mandatory on the Claims Tribunal to kick start

the compensatory mechanism. Rule 21 of the Central rules

ensures that the DAR filed by the police shall be treated as a

Claim Petition.

20.Taking note of all these developments, the Supreme

Court of India rendered a Judgment in Gohar Mohammed v.

Uttar Pradesh State Road Transport Corporation and others in

S.L.P.(C).No.32448 of 2018. A reading of this Judgment goes to

show that the Police are no more playing a mere role of an

Investigating Authority and stopping with mere parting of

information. They are mandated by the Parliament to file reports

with the Claims Tribunal, which should treat the same as a claim

petition. The claimants have been freed from the shackles and are

no more burdened to search for the documents necessary for

filing a claim. The duty to report is now the police and the duty

to process the said information given by the police and uploaded

on to the website lies on the Tribunal. When access is given to the

Tribunal to an FIR and the other details which have been

uploaded by the police the claimant need not be made to run

around or suffer from a fear that his petition is barred by time. It

is the duty of the Claims Tribunal to access the information

available to it and process the claim and give succour to the

victims. It is not an advisorial system as was practiced before

01.04.2022 other parts of India (before 12.09.1979 in Tamil Nadu)

but today it is a people oriented justice delivery Tribunal.

21.It is seen that the police is required to prefer an Accident

Information Report and furnish the information with the

jurisdictional Motor Accidents Claims Tribunal and other

Stakeholders are specified. It is here that the compilation made

ready by the Hon'ble Mr.Justice J.R.Midha (Retd) presently Senior

Advocate of the Supreme Court of India become relevant.

22.For the ready understanding, I am extracting the new

timelines that have come under the Central Motor Vehicles Act,

2022.

“9. The time lines prescribed by the Central Motor

Vehicles Rules, 2022 for expeditious adjudication of

motor accident claims are as under:-

i. (i)

The Police has to file

First Accident Report

(FAR) in Form-I before

- Within 48

hours of the

accident

MACT

ii. (ii)

The Driver of the

offending vehicle has to

submit the Driver’s

Form-III to the Police

- Within 30

days of the

accident

iii. (iii)

The Owner of the

offending vehicle has to

submit the Owner’s

Form-IV to the Police

- Within 30

days of the

accident

iv. (iv)

The Police, on

verification of the

Driver’s and Owner’s

Forms, has to submit

Interim Accident Report

(IAR) in Form-V before

MACT

- Within 50

days of the

accident

10.The Central Motor Vehicles Rules, 2022 incorporated the

flowchart of the Scheme framed by Delhi High Court in Rajesh

Tyagi’s Case which is reproduced hereunder:-

23.Taking note of this development in Gohar Mohammed v.

Uttar Pradesh State Road Transport Corporation and others in

S.L.P.(C).No.32448 of 2018, the Supreme Court was pleased to

hold as follows:

“29. As per the Rules, in the event of a road

accident, the investigation must be started immediately

on receipt of information by the police officer of the police

station concerned. The Investigating Officer shall inspect

site of accident, take photographs/videos of scene and

vehicle involved, followed by preparation of site plan

drawn to scale as to indicate the width of road(s) as the

case may be and other relevant factors including the

persons and vehicles involved in the accident. In a case of

injury, the Investigating Officer shall take photographs of

the injured in the hospital and shall conduct spot enquiry

examining the eyewitnesses/bystanders. The intimation

regarding the accident is required to be furnished by

Investigating Officer within 48 hours to the Claims

Tribunal in the shape of First Accident Report (FAR) in

FormI. It is further required to be sent to the Nodal

Officer of the insurance company on having particulars of

the insurance policy. The injured/victim(s), legal

representative(s), State Legal Services Authority, insurer

shall also be provided the copy of FormI and the same

must be uploaded on the website of the State Police, if

available.

30. It would be the duty of the Investigating Officer

to inform the injured/victim(s)/legal representative(s)

regarding their rights by supplying FormII attaching flow

chart within 10 days specifying the scheme to seek

remedial measure. It would be the duty of the

Investigating Officer to ask the information in FormIII

and FormIV from the driver(s) and the owner(s)

respectively within 30 days. As per the new regime, on

receiving the information, Interim Accident Report (IAR)

shall be submitted by the Investigating Officer to the

Claims Tribunal within 50 days in Form V along with

relevant documents. A copy of the said IAR shall be

furnished to the insurance company of the motor

vehicle(s) involved in the road accident,

victim(s)/claimant(s), State Legal Services Authority,

insurer and General Insurance Council. The

Investigating Officer or the insurance company shall have

right to verify the details of the driver and the owner by

using the VAHAN App or shall take the help of

Registering Authority. Investigating Officer is duty

bound to take the relevant details from the victim(s) or

the legal representative(s), as the case may be and furnish

the details within 60 days in FormVI. FormVIA is

modulated to the minor children, who are in need of care

and protection in terms of the Juvenile Justice (Care

and Protection of Children) Act, 2015.

31.On failure to submit the relevant information

and documents, as required in Forms III, IV and VI by

the driver(s), owner(s), claimant(s) or any information by

the insurance company, the Investigating Officer may ask

for direction to the stakeholder(s) before the Claims

Tribunal to furnish such information within 15 days. The

registering authority is duty bound to verify the licence of

driver, fitness and permit of the vehicle(s) involved in the

accident and shall supply such information within 15

days to the Investigating Officer. Similarly, for the

purpose of issuance of medico legal report or the postmortem

report, the hospital is required to furnish such

information to the Investigating Officer within 15 days.

32.The Investigating Officer shall within 90

days compile all relevant documents and material in

the form of Detailed Accident Report (DAR) in

F orm V II accompanying site plan Form V III,

m echanical inspection report Form I X , verification

r eport Form X and the report under S ection 173 C ode

of Criminal Procedure (Cr.P.C.) It would be the duty

of the registering authority to verify the registration

certificate, driving licence, fitness and permit in respect of

the vehicle(s) involved in the accident and the same is

required to be submitted within 15 days to the

Investigating Officer to complete the IAR and DAR. The

extension of time limit to file IAR and DAR is only

permissible where the Investigating Officer approaches

the Claims Tribunal in cases where parties reside outside

the jurisdiction of the Court or where the driver’s licence

is issued outside the jurisdiction of the Court or where the

victim(s) have suffered grievous injuries and are

undergoing continuous treatment. Thus, the

Investigating Officer shall furnish FAR within 48

hours, IAR within 50 days, complete the

investigation within 60 days and file DAR within 90

days. Copy of DAR shall be furnished to the victim(s),

owner(s)/driver(s) of the vehicle(s), the insurance

company involved and the State Legal Services Authority

including the Nodal Officer of the insurance company

and the General Insurance Council.

33.On perusal of the above, it is clear that to carry

out the purpose of the provisions of Sections

159 and 160 of the M.V. Amendment Act, the Officer Incharge

of the police station and the registering authority

are required to act upon in a manner as prescribed in

the Rules within the period as specified, thereby on

receiving the information of accident, the complete

information regarding such accident is to be made

available before the Claims Tribunal within the

time limit without delay. As per Rules, the failure to

perform the duties by the police officer may entail severe

consequences as envisaged under the provisions of the

State Police Act. Thus, legislative intent is clear that on

reporting a road accident the Investigation Officer must

complete all his action within time frame and shall act as

facilitator to the victim(s)/claimant(s), insurance

company by furnishing all details in prescribed forms,

thereby claimant(s) may get damages/compensation

without delay.”

24.A perusal of the rules, the Judgment of the Supreme

Court and the timeline which has been set forth above would

clearly show that, the claim petition need not be commenced

only by way of presentation of the petition under Section 166.

This is clear from Section 166(4) which states that a report filed by

the police to the concerned Authorities including the

stakeholders, Insurance Companies and the jurisdictional Motor

Accidents Claims Tribunal should be treated as the Claim

Petition.

25.During the course of arguments, I asked the learned

Amicus Curiae if there being no bar under Section 166(3)

excluding the application of Limitation Act, whether Section 29(2)

of the Limitation Act can be applied and Section 5 of the Act to be

introduced for the purpose of condonation of delay. I asked this

question because I could not imagine that under the

constitutional governance which has been placed from

26.01.1950, the State which promises Justice - Socio, Economic

and political, can be even more harsh than the colonial legislation

under Section 110A of the Motor Vehicles Act of 1939.

26.The learned Amicus Curiae drew my attention to the two

Judgments of the Kerala High Court in (i)Vimala Jose v.

Aboobacker and two others in O.P.(MAC) No.136 of 2022 dated

02.12.2022 and (ii)Akshay Raj v. Ministry of Law and Justice

Legislative Department rep. By the Secretary, IV Floor, A Wing,

Shastri Bhavan, New Delhi in O.P.(MAC) No.6 of 2023 dated

23.01.2023 and pointed out that Section 5 was made applicable by

the Kerala High Court but their operation has been kept in

abeyance by the Supreme Court of India. Since the issue is

pending before the Supreme Court of India though I prima facie

wanted to adopt the view taken by the Kerala High Court in

Akshay Raj's case, I am refraining from to do so.

27.The Parliament in its wisdom has ensured that the

hapless victims of motor accidents need not depend upon

stakeholders in Court for the purpose of initiation of proceedings.

The proceeding itself is initiated on the basis of the report filed by

the Police Authorities. In effect, the petition under Section 166 is

only a reminder to the Court that the police have already filed the

Detailed Accident Report containing all the requisite details like

the First Information Report, Interim Accident Report, First

Accident Report and therefore, it has to take up the said report as

a claim petition. In other words, the claim petition is only a

reminder to the Motor Accidents Claims Tribunal to perform its

duty under Rule 21 Annexure XIII of Central Motor Vehicles

Rules and to process the claim petition.

28.In view of the above discussion, it is clear that in cases

where any request is filed and accessible by the Tribunal, then

there will be no question of six months limitation arising. The

issue of six months limitation will arise only in case where no FIR

has been registered by the Police and no report has been

sent/uploaded.

29.The members of the Bar represented that the Police are

not sending the report and hence, there arises a problem.

30.A reading of Section 166(4) shows that if any report of the

accident is forwarded to it under Section 159, the same shall be treated

as an application for compensation. It is no more the discretion of

the police. Rule 4(A)(5)(1) of the Tamil Nadu Rules read with the

Central rules make it mandatory. It has now become a statutory

duty of the Police to sent a report. It is pertinent to point out that

the amendment under Section 166(4) does not speak about the

Interim Accident Report (IAR), First Accident Report (FAR) and

Detailed Accident Report (DAR) but speaks about “any report that

has been sent by the police”. Therefore, even if an FIR sent by the

police to the Tribunal, the same should be treated a Claim

Petition.

31.The upshot of the discussion is that on registration of an

FIR, a claimant is entitled to present the petition without the fear

of it being thrown out, on the ground of limitation. This would

be the correct reading of the present legal dispensation in all cases

where FIR is registered within six months, of the date of any

motor accident which takes place after 01.04.2022.

32.Consequently, applying the Law discussed above to the

facts of the present case, this Civil Revision petition is allowed.

The FIR having been registered, in this case, within two days

from the date of the accident on 13.10.2022 by Oragadam Police

Station, the petition filed in M.A.C.T.O.P.(SR).No.3280 of 2023

has to only be treated as a reminder to the Court to call for the

FIR and other reports and register the same as a Claim Petition.

Accordingly, this Civil Revision Petition is allowed. The

Order passed by the learned Motor Accidents Claims Tribunal is

set aside and a direction shall be issued to treat the application

filed on 19.04.2023 as a reminder to the Court for a plea of just

compensation under 166(4) and take up the application for trial.



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