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IN THE HIGH COURT OF DELHI
J.R. MIDHA, J.
Rajesh Tyagi and Others - Appellant
Versus
Jaibir Singh and Others - Respondent
FAO 842 of 2003
Decided On : 28-05-2009
Section 158(6) - Motor Vehicles Act Compliance - 158(6) - Summary of the acts and sections referenced and discussed by the court: The court discussed the non-compliance of Section 158(6) of the Motor Vehicles Act, 1988 by the Delhi Police, despite multiple orders from the Supreme Court and the High Court. The section mandates the forwarding of Accident Information Reports to the Motor Accident Claims Tribunals and the concerned insurer within 30 days of recording the information. The court highlighted the importance of this report as it is treated as an application for compensation by the Claims Tribunals under Section 166(4) of the Act. The court also emphasized the significance of complying with Rule 150 and Form 54 of the Central Motor Vehicle Rules, 1989, and the consequences of non-compliance, including the initiation of contempt proceedings.
Fact of the Case:
The court addressed the non-compliance of Section 158(6) of the Motor Vehicles Act, 1988 by the Delhi Police, despite multiple orders from the Supreme Court and the High Court. The court highlighted the importance of the Accident Information Report as it is treated as an application for compensation by the Claims Tribunals under Section 166(4) of the Act. The court also emphasized the significance of complying with Rule 150 and Form 54 of the Central Motor Vehicle Rules, 1989, and the consequences of non-compliance, including the initiation of contempt proceedings.
Finding of the Court:
The court found that the Delhi Police had not complied with Section 158(6) of the Motor Vehicles Act, 1988, despite multiple orders from the Supreme Court and the High Court. The court also found that the non-compliance had resulted in incorrect affidavits being filed before the court, and it issued a show cause notice to the Dy. Commissioner of Police (Hqrs.), Delhi Police, to explain the non-compliance and the filing of incorrect affidavits.
Issues: The main issue addressed by the court was the non-compliance of Section 158(6) of the Motor Vehicles Act, 1988 by the Delhi Police, and the filing of incorrect affidavits before the court.
Ratio Decidendi: The court held that the non-compliance of Section 158(6) of the Motor Vehicles Act, 1988 by the Delhi Police, despite multiple orders from the Supreme Court and the High Court, was a serious matter. The court also emphasized the importance of the Accident Information Report as it is treated as an application for compensation by the Claims Tribunals under Section 166(4) of the Act.
Final Decision: The court issued a show cause notice to the Dy. Commissioner of Police (Hqrs.), Delhi Police, to explain the non-compliance of Section 158(6) of the Motor Vehicles Act, 1988, and the filing of incorrect affidavits before the court. The court also directed the Police to file a monthly report of the compliance of Section 158(6) with the court and directed the Tribunals to maintain a separate Institution Register for the Accident Information Reports and submit a monthly report of compliance of Section 166(4) of the Motor Vehicles Act, 1988.
J.R. MIDHA, J.
1. Section 158(6) was incorporated in the Motor Vehicles Act, 1988 in the year 1994. Section 158(6) provides that the SHO of the Police Station shall send the Accident Information Report to the Motor Accident Claims Tribunals within 30 days of recording of the FIR and a copy to the concerned Insurance Company. Section 158(6) of the Motor Vehicles Act is reproduced hereunder:
Section 158(6)-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 of information or, as 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.
2. Rule 150 of Central Motor Vehicle Rules, 1989 provides that the Accident Information Report u/s 158(6) shall be in Form 54 which is reproduced hereunder:
Form 54
[See Rule 150(1) and (2)]
| 1. Name of the police station ----------------- 2. CR No./Traffic accident report ----------------- 3. Date, time and place of the accident ----------------- 4. Name and full address of the injured/deceased ----------------- 5. Name of the hospital to which he/she was removed ----------------- 6. Registration number of vehicle and the type of the vehicle ----------------- 7. Driving licence particulars: (a) Name and address of the driver ----------------- (b) Driving licence number and date of expiry ----------------- (c) Address of the issuing authority ----------------- (d) Badge No. in case of public service Vehicle ----------------- 8. Name and address of the owner of the vehicle at the time of the accident ----------------- 9. Name and address of the insurance company with whom the vehicle was insured and the particulars of the Divisional Officer of the said insurance company ----------------- 10. Number of insurance policy/insurance certificate and the date of validity of the insurance policy/insurance certificate ----------------- 11. Registration particulars of the vehicle ----------------- (class of vehicles) (a) Registration No. ----------------- b) Engine number or motor number in the case of Battery Operated vehicles -------------- 12. Route permit particulars ----------------- 13. Action taken, if any, and the result Thereof ----------------- |
3. The importance of this Accident information Report by the police is that Section 166(4) mandates the Claims Tribunal to treat the Accident Information Report as an application for compensation. However, the police was not following Section 158(6) of the Motor Vehicles Act which was brought to the notice of the Hon'ble Supreme Court in the case of General Insurance Counsel v. State of Andhra Pradesh IV (2007) ACC 385 (SC). Vide judgment dated 9th July, 2007 the Hon'ble Supreme Court directed all the State Governments and Union Territories to instruct all concerned police officers to comply with the requirements of Section 158(6) of the Motor Vehicles Act read with Rule 150 and Form 54 of the Central Motor Vehicles Rules. It was further directed that periodical checking be done by the concerned Inspector General of Police to ensure that the requirements are being complied and appropriate action be taken in cases of non-compliance. The directions of the Hon'ble Supreme Court in the said judgment are reproduced as under:
It is, therefore, directed that all the State Governments and the Union Territories shall instruct, if not already done, all concerned police officers about
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