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2001 Supreme(Del) 457

High Court Of Delhi
ALL INDIA LAWYERS UNION (DELHI UNIT) - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 4614 of 1996
Decided On : 04/12/2001

Advocates Appeared:
ASHOK AGARWAL, AVINASH AHLAVAT, Barkha Babbar, Vaishali Mehra

Headnote:Constitution of India, 1950 - Articles 226 & 227 — Public interest — Desirability of enforcing certain provisions of Motor Vehicles Act, 1988 — Further prayed — Direction should be given — To enact rules specifying procedural aspects and modalities — Section 158 (6) and 166(9) discussed at large — Perused affidavits filed by the Police Officials and the reports submitted by the Tribunal — It is clear that in a large number of cases the information furnished is not in the prescribed format — Does not meet the requirement of law — Commissioner of police directed to issue appropriate instruction to the concerned officers — Writ petitions disposed of.

Arijit Pasayat

( 1 ) THESE two writ petitions have been filed in public interest by an association of lawyers highlighting certain aspects relating to the desirability of enforcing certain provisions of the Motor Vehicles Act, 1988 (in short the Act) in the matter of information to be given to the Tribunal regarding accidents by the police officials, as statutorily mandated under the Act. It has also been prayed that directive should be given to enact rules specifying procedural aspects and modalities in this regard.

( 2 ) CERTAIN suggestions have been given to effectively combat traffic congestions, effective provision of medical aid to victims of accidents, action against erring drivers and early payment of compensation. It need not be impressed that Parliament from time to lime has introduced amendments in the old Act as well as in the new Act in order to protect the interest of the victims of the accidents and their heirs if the victims die. One such amendment has been introduced in the Act by (he aforesaid Amendment Act of 54 of 1994 by substituting sub-section (6) of section 158, which provides:

"as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer in-charge of the police station shall forward a copy of the same within thirty days from the date of recording information or, as I the case may be, on completion of such report to the claims Tribunal having jurisdiction and a copy thereof to the concerned insurer, and where a copy is made available to the owner, he shall also within thirty days of receipt of such report, forward the same to such Claims Tribunal and insurer. "in view of sub-section (6) of section 158 of the Act the officer in-charge of the police station is enjoined to forward a copy of information/report regarding the accident to the Claims Tribunal having jurisdiction. A copy thereof has also to be forwarded to the concerned insurer. It also requires that where a copy is made available to the owner of the vehicle, he shall within thirty days of receipt of such copy forward the same to the Claims Tribunal and the insurer.

( 3 ) CERTAINLY the case presents some novel features. The provisions of sub-section (6) of section 158 and sub-section (4) of section 166 are relevant for adjudication of one of the major problems highlighted. They read as follows:

"section 158. Production of certain certificates, licence and permit in certain cases.- (6) As soon as any information regarding any accident involving death or bodily injury, to any person is recorded or a report under this section is completed by a police officer, the Officer-in-charge of the police station shall forward a copy of the same also to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer and where a copy is made available to the owner, he shall also within thirty days of receipt of such report forward to the same to such claims Tribunal and insurer. Section 166. Application for compensation; (4) Where a police officer has filed a copy of the report regarding an accident to a Claims Tribunal under this Act the claims Tribunal, may, if it thinks necessary so to do, treat the report as if it were an application for compensation under this Act. "section 158 of the Act corresponds to section 106 of the Motor Vehicles Act, 1939 (in short, the Old Act ). Sub-section (6) is a new section and it requires the Officer-in-charge. of a police station: (a) on which information of an accident involving death or bodily injury to a person is recorded; or (h) report under Section 158 is completed to send a copy of the same to the claims Tribunal having jurisdiction and a copy thereof to the concerned in- surer. The report is to be submitted in Form 54 as stipulated in Rule 150 of the Central Motor Vehicles Rules, 1989 (in short, the Rules ). It is. provided in the said rule that the police report referred to in







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