R.V.RAVEENDRAN, K.S.RADHAKRISHNAN
JAI PRAKASH – Appellant
Versus
NATIONAL INSURANCE CO. LTD – Respondent
Supreme Court addresses four key problems in motor accident claims under the Motor Vehicles Act, 1988: (i) victims of uninsured vehicles, hit-and-run cases, or gratuitous passengers denied compensation (!) (!) (!) [1000489370029]; (ii) illegal use of goods vehicles for passengers [1000489370002] (!) (!) (!) (!) ; (iii) procedural delays despite mandatory police reporting under s.158(6) and tribunal treatment as claims under s.166(4) [1000489370003] (!) (!) (!) (!) ; (iv) ensuring compensation reaches victims [1000489370004][1000489370005].
Directions to Police: DGP to enforce s.158(6) via Accident Information Report (Form 54) with details like victim age/income/dependants, FIR copies, etc., sent to tribunal and insurer within 30 days; notify hearing dates; prosecute uninsured vehicles under s.196; phased implementation by Dec 2010 [1000489370007] (!) (!) (!) (!) [1000489370008][1000489370009][1000489370010].
Directions to Tribunals: Registrar Generals to register AIRs as claims under s.166(4); convert to petitions post-hearing; verify accident/heirs; categorize by insurer liability; settle undisputed cases in 6 months; deposit awards in fixed deposits; insurers can defend under s.170 exception [1000489370011] (!) (!) (!) (!) (!) (!) (!) (!) [1000489370012][1000489370013].
Suggestions to Insurers: Prompt payment in undisputed death/injury cases; fund treatment; voluntary settlements; fixed deposit/annuity schemes for disbursement [1000489370014][1000489370015][1000489370016] (!) [1000489370017][1000489370018][1000489370019]; report fake licenses [1000489370020].
Legislative Suggestions: Comprehensive accident victim compensation scheme (e.g., lifetime third-party premium + fuel cess, expand s.161); road safety measures/trauma centers; unified accident statute; rationalize Second Schedule; security for release of uninsured seized vehicles [1000489370021][1000489370022][1000489370023][1000489370024][1000489370025][1000489370026][1000489370027].
R. V. RAVEENDRAN, J.
( 1 ) WE propose to address four problems frequently faced in motor accident claim cases under the Motor vehicles Act, 1988 (hereinafter for short 'the Act' ). Problem (i):
( 2 ) THE first problem relates to a section of motor accident victims who are doubly unfortunate - first in getting involved in an accident and second, in not getting any compensation. Let us elaborate. There are two categories of victims in motor accidents - those who will be able to get compensation and those who will not be able to get compensation. Victims of motor accidents involving insured vehicles, who are assured of getting compensation from the insurer, fall in the first category. The victims of motor accidents involving the following categories of vehicles, who do not receive any compensation fall under the second category:
(i) Hit and run vehicles which remain unidentified. (ii) Vehicles which do not have any insurance cover. (iii) Vehicles with third party insurance, carrying persons who are not covered by the insurance (gratuitous passengers in a goods vehicle or a car and pillion riders on two-wheelers, etc. ).
In hit and run cases, the victim has no one from whom he can claim
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