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2016 Supreme(P&H) 478

IN THE HIGH COURT OF PUNJAB & HARYANA
Before
The Hon’ble Mr. Justice K. Kannan
FAO Nos.6206 & 6258 of 2013 (O&M)
Gurdeep Kaur
v
Gurcharan Singh & Ors.
{Decided on 20/01/2016}

Advocates:
For the Appellant:Ms. Monika Jalota, Advocate.
Ms. Reeta Kohli, Senior Advocate, with Ms. Gurneet Babbar, Advocate.
For the National Insurance Company &
New India Assurance Company:Mr. R.C. Kapoor, Advocate.
For the Tata AIG General Insurance Company:Mr. Rajesh K. Sharma, Advocate.
For the General Insurance Council:Mr. Sandeep Suri, Advocate.
Mr. Ashok Singh Chaudhary, Additional Advocate General, Haryana.
Ms. Vandana Malhotra, Additional Advocate General, Punjab.
Mr. Rajeshwar Singh, Law Officer, State Legal Services Authority, UT, Chandigarh.
Mr. Rajinder Singh, Law Officer, Haryana State Legal Services Authority.

Headnote:Accident--Claim Petition--Directions issued to police that in case of accident, collect all relevant documents and forward them firstly to Nodal Officers of Insurance Companies and also to concerned Motor Accident Tribunals for smoother and effective adjudication of claims.

       Motor Vehicles Act, 1988, S.158(6)--Accident--Claim Petition--Directions issued to police that in case of accident, Collect all relevant documents and forward them firstly to Nodal Officers of Insurance Companies and also to concerned Motor Accident Tribunals for smoother and effective adjudication of claims--Certain directions also issued to Insurance Companies and Legal Service Authorities in this regard.

       After the complaint is registered by the police in relation to an accident involving death, injury or damage to a property, the police officer at the level of S.H.O. will collect all necessary documents that shall accompany Form 54 or any other form provided in that regard and dispatch them firstly to the the Nodal Officer of Insurance Company and secondly to the Principal Motor Accident Claims Tribunal in whose jurisdiction the accident has taken place or where the prospective claimant(s) permanently reside (s), where the case is likely to be filed--The documents that are required to be accompanied with AIR shall be: (i) copy of FIR, wound certificate/MLR/post-mortem certificate; (ii) details of driving licence of the driver who was involved in the accident; (iii) details of the insurance particulars collected from the owner/driver, apart from any other document that may be contained in the rules.

JUDGMENT

1. Compliance reports of the directions given by order dated 19.12.2015 filed in court on behalf of Member Secretary, Haryana State Legal Services Authority, Panchkula, and also by the Member Secretary, Punjab Legal Services Authority, Chandigarh, are taken on record.

2. The affidavit of Sibash Kabiraj, IPS, Deputy Inspector General of Police, Traffic & Highways, (H) at Karnal, on behalf of Director General of Police, Haryana, Panchkula and also the affidavit of Mr. Sandeep Sharma, PPS, Deputy Superintendent of Police, Traffic, Punjab, Chandigarh, are taken on record.

3. The list of names and contact details of Nodal Officer supplied by Mr. Sandeep Suri, Advocate, for General Insurance Council is also taken on record.

4. The counsel for the General Insurance Council Mr. Sandeep Suri has given the names and contact details of Nodal Officers appointed by various Insurance Companies for coordinating the pursuit of claim before various Tribunals arising out of accidents involving the death, injuries and damages to properties. The counsel points out that while the police has been periodically furnishing the accident information reports (AIRs) as mentioned in Form 54, various documents which are required to be accompanied, namely, FIR, MLR or wound certificate, hospital records, sketch, postmortem certificate etc. are not dispatched along with the AIRs. It is further pointed out that there is a dilemma several times for Insurance Companies to elicit information about where the case has been filed or where the documents are required to be dispatched without clear information about the place of institution of the case.

5. Ms. Reeta Kohli, the officer appointed by this court as a Coordinator, states that the Insurance Companies must give adequate publicity to the manner of pursuing the cases before various Tribunals and also give disseminating information to the public about the system put in place for the benefit of the public. It is stated that the Government of Punjab has already framed relevant rules on 07.11.2013 that sets out the documents that have to be collected and dispatched to the Motor Accident Claims Tribunal and the manner of how the application for claiming for compensation could be pursued. It is agreed by everyone that the rules have not been fully put to practice and the documents collected by the police after the registration of complaint have not been forwarded to the Tribunals along with Form 54.

6. The counsel representing the State of Haryana states that all the records which are relevant for assessing the claims are also being forwarded and has filed an affidavit of Mr. Sibash Kabiraj, IPS, Deputy Inspector General of Police, setting out information about 2509 cases where they have shared information with the respective Insurance Companies to enable the Insurance Companies to render appropriate assistance. The State of Punjab has also given an affidavit of the Deputy Superintendent of Police giving details of the number of AIRs sent to MACT as well as to the Insurance Companies. It is explained by the State that relatively lower number of applications sent to the Insurance Companies is on account of the fact that all vehicles are not insured and wherever insurance particulars are given, dispatches have been made to the Insurance Companies.

7. All the records have been reasonably complete and I am of the view that the work of registration of complaints and for settlement of claims and prosecution of cases in the manner contemplated under Section 158(6) of the Motor Vehicles Act are truly poised for a take off. However, the difficulties in the manner of fuller implementation would require to be addressed and to secure full-fledged compliance, the following directions are given.

To the police:

8. After the complaint is registered by the police in relation to an accident involving death, injury or damage to a property, the police officer at the level of S.H.O. will collect all necessary documents that shal


















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