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Power of Tribunal to Direct Investigating Officer to Submit Accident Report - Main Points and Insights:
The tribunal has the authority to request or direct the Investigating Officer (IO) to submit detailed accident reports, including the First Accident Report (FAR) in Form-I and the Detailed Accident Report (DAR) in Form-II, within specified timeframes (48 hours for FAR, 30-50 days for DAR) ["Gohar Mohammed VS Uttar Pradesh State Road Transport Corporation - Supreme Court"] ["Rajesh Tyagi v. Jaibir Singh - Delhi"].
Under Section 159 of the Motor Vehicles Act, the police are mandated to submit accident information reports to the Claims Tribunal during investigation, which facilitates claims settlement ["New India Assurance Co. Ltd. vs Deepak Harizan @ Dipak S/o Late Dhania Harijan - Gauhati"]. The tribunal can also seek specific accident details, such as the Accident Information Report (AIR) in Form No. 54, from the Investigating Officer ["Deceased Laxmansinh Madanji Sodha Through Lh VS Shantaben Wd/O Babu Vaghari (Devipujak) - Gujarat"].
The tribunal's power to direct the IO to submit or produce accident reports is supported by provisions allowing courts to call for such reports to clarify facts, especially when the reports are not voluntarily produced or are incomplete ["MAHAVEER Vs. STATE OF RAJASTHAN - Rajasthan"] ["VEERANNA RAICHUR DIST vs UNION OF INDIA SEC-BAD - Telangana"].
Courts have the authority to exercise their power to call for further or additional investigation, including directing the IO to produce specific reports, such as the AIR or DAR, even after initial investigation or report submission, provided the ends of justice require it ["Jitendra Singh @ Bablu VS State of U. P. - Allahabad"] ["A.Padmavathi, vs D.Appa Rao, - Telangana"].
The courts cannot, however, compel the Investigating Officer to produce a report that aligns with the court’s view or to submit a report that is in contradiction to the investigation’s findings ["MAHAVEER Vs. STATE OF RAJASTHAN - Rajasthan"].
The power of the tribunal or court to direct investigation or request reports is exercised cautiously and only in exceptional cases where the investigation is vitiated or incomplete, and not as a routine matter ["Jyothi S. Hiremath, W/o. Late Gogga Siddalingswamy vs Superintendent Of Police, Chitradurga - Karnataka"] ["Sabiya VS Aminuddin I. Chabusksavar - Karnataka"].
The Magistrate or Tribunal can also exercise its power under Sections 156(3) and 173(8) CrPC to direct further investigation or to seek supplemental reports, but cannot order a de novo or re-investigation once a final report is filed, unless there is palpable unfairness or vitiation in the original investigation ["Sima Ghatak VS State of West Bengal - Calcutta"] ["Saswati Dey VS State of West Bengal - Calcutta"] ["Babu Lal Jaiswal VS State of U. P. - Allahabad"].
Analysis and Conclusion:
The judiciary recognizes the tribunal’s and court’s authority to direct the Investigating Officer to submit detailed accident reports, including the initial and supplementary reports, to aid in the adjudication of claims and ascertain facts ["Gohar Mohammed VS Uttar Pradesh State Road Transport Corporation - Supreme Court"] ["Rajesh Tyagi v. Jaibir Singh - Delhi"].
References:- ["Gohar Mohammed VS Uttar Pradesh State Road Transport Corporation - Supreme Court"]- ["Rajesh Tyagi v. Jaibir Singh - Delhi"]- ["New India Assurance Co. Ltd. vs Deepak Harizan @ Dipak S/o Late Dhania Harijan - Gauhati"]- ["Deceased Laxmansinh Madanji Sodha Through Lh VS Shantaben Wd/O Babu Vaghari (Devipujak) - Gujarat"]- ["BALUBEN VIKRAMSINH PARMAR VS INDRAVADAN PRAHLADBHAI PATEL - Gujarat"]- ["Sima Ghatak VS State of West Bengal - Calcutta"]- ["Saswati Dey VS State of West Bengal - Calcutta"]- ["Jyothi S. Hiremath, W/o. Late Gogga Siddalingswamy vs Superintendent Of Police, Chitradurga - Karnataka"]- ["Sabiya VS Aminuddin I. Chabusksavar - Karnataka"]- ["Jitendra Singh @ Bablu VS State of U. P. - Allahabad"]- ["VEERANNA RAICHUR DIST vs UNION OF INDIA SEC-BAD - Telangana"]- ["MAHAVEER Vs. STATE OF RAJASTHAN - Rajasthan"]- ["JOJI vs STATE OF KERALA - Kerala"]- ["Babu Lal Jaiswal VS State of U. P. - Allahabad"]- ["A.Padmavathi, vs D.Appa Rao, - Telangana"]
In the aftermath of a motor vehicle accident, victims and their families often seek swift justice and compensation. A critical question arises: Does a tribunal have the power to direct an investigating officer to submit a detailed accident report (DAR)? This issue is pivotal in motor accident claims under the Motor Vehicles Act, 1988 (MV Act). Understanding the tribunal's authority can streamline claim processes and ensure accountability.
This blog post delves into the statutory powers of Motor Accident Claims Tribunals (MACTs), procedural rules, and judicial insights. While this provides general information, it is not legal advice—consult a qualified lawyer for specific cases.
Generally, tribunals possess clear statutory and procedural power to direct investigating officers to submit a Detailed Accident Report (DAR), typically in the form of a formal report under Section 173 of the Cr.P.C. The tribunal may treat this DAR as a claim petition for compensation under Section 166(4) of the MV Act. RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258Oriental Insurance Co. Ltd. VS Asha Kalra - 2012 0 Supreme(Del) 2811
Key points include:- The tribunal can direct submission of the DAR in the prescribed form. RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258- Once submitted, the DAR can be treated as a claim petition under Section 166(4). RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258Oriental Insurance Co. Ltd. VS Asha Kalra - 2012 0 Supreme(Del) 2811- It has authority to check completeness and order missing details. RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258Oriental Insurance Co. Ltd. VS Asha Kalra - 2012 0 Supreme(Del) 2811- Time extensions are possible for justified reasons. RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258Oriental Insurance Co. Ltd. VS Asha Kalra - 2012 0 Supreme(Del) 2811- Procedural rules mandate DAR preparation within 90 days from the accident. RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258Oriental Insurance Co. Ltd. VS Asha Kalra - 2012 0 Supreme(Del) 2811
This framework ensures efficient claim adjudication while holding investigators accountable.
The Motor Vehicles Act, 1988, and Central Motor Vehicles Rules, 2022, empower tribunals to oversee investigations. Rule 6 of the Delhi Motor Accidents Claims Tribunal Rules, 2008, states: the tribunal shall examine whether the Detailed Accident Report (DAR) filed by the Investigating Officer is complete and in all respects. If incomplete, it shall direct the Investigating Officer to complete the report. Oriental Insurance Co. Ltd. VS Asha Kalra - 2012 0 Supreme(Del) 2811
Investigating officers must prepare the DAR in Form-VII with documents within 90 days. Tribunals can extend deadlines for reasons like hit-and-run cases, out-of-jurisdiction parties, or ongoing treatment. RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258Oriental Insurance Co. Ltd. VS Asha Kalra - 2012 0 Supreme(Del) 2811
Furthermore, The Claims Tribunals shall examine whether the Detailed Accident Report is complete in all respects and shall pass appropriate order in this regard. If the Detailed Accident Report is not complete in any particular respect, the Claims Tribunal shall direct the Investigating Officer to complete the same. Reliance General Insurance Co. Ltd. VS Kavita - 2012 Supreme(Del) 3131
A cornerstone power is converting the DAR into a formal claim. Tribunals treat it as a petition under Section 166(4), registering it post-claimant appearance. They can summon witnesses or evidence. RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258Oriental Insurance Co. Ltd. VS Asha Kalra - 2012 0 Supreme(Del) 2811
This is echoed in procedures where The Claims Tribunals shall treat the Detailed Accident Report filed by the Investigating Officer as a claim petition under Section 166(4) of the Motor Vehicles Act. Reliance General Insurance Co. Ltd. VS Kavita - 2012 Supreme(Del) 3131
In Delhi, initiatives mandate DAR submission within 90 days, treating it as a claim to expedite processes. SAR is to be treated as a claim petition under Section 166(4) (noting SAR likely refers to similar reporting). Rajesh Tyagi VS Jaibir Singh - 2021 Supreme(Del) 2431
Tribunals act in a supervisory capacity, not as investigators. They direct DAR submission, extensions, and compliance but cannot override police powers. The tribunal’s power to direct submission of the DAR is supported by the Rules and case law, which recognize that the investigation report is integral to the claim process. RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258Oriental Insurance Co. Ltd. VS Asha Kalra - 2012 0 Supreme(Del) 2811
They may order witness production or timeline adherence. However, directions are limited to procedural compliance. RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258
Related rules in other states reinforce duties: Duties of Investigating Police Officer... shall be construed as if they are included in Section 23 of U.P. Police Act, 1861. Meva Lal VS State Of U. P. - 2020 Supreme(All) 735Rinki Devi VS Jamuna Prasad - 2019 Supreme(All) 2555
Courts emphasize fair investigations. In cases of police bias or negligence, transfers may occur, underscoring tribunals' role in ensuring integrity. The court established that the right to a fair investigation is fundamental, and failure by the police to uphold this right necessitates judicial intervention. Shahrukh Ziya Mohammad VS State of Maharashtra - 2024 Supreme(Bom) 774
Timely reporting aids compensation: Insurance companies must compute awards if negligence is clear, submitting reports expeditiously. Tribunals decide within 30 days where possible. Rajesh Tyagi VS Jaibir Singh - 2021 Supreme(Del) 2431
Tribunals must address negligence alongside quantum, as per Section 166(4) and Rule 6. Failure to do so warrants remand. Reliance General Insurance Co. Ltd. VS Kavita - 2012 Supreme(Del) 3131
In vehicle release contexts, rules like U.P. Motor Vehicles Rules, 1998, Rule 203-B, limit impositions on non-offending owners, balancing investigation needs. Meva Lal VS State Of U. P. - 2020 Supreme(All) 735
Tribunals cannot:- Compel investigations beyond statutory powers.- Direct specific findings or evidence outside control.- Grant extensions without justification. RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258Oriental Insurance Co. Ltd. VS Asha Kalra - 2012 0 Supreme(Del) 2811
Their role is facilitative, ensuring timelines and completeness without usurping police duties.
Educating authorities on tribunals' overseer role prevents delays.
In summary, Motor Accident Claims Tribunals typically hold robust powers to direct investigating officers for Detailed Accident Report submission, ensuring completeness, timely filing, and treatment as claim petitions under Section 166(4) of the MV Act. Backed by rules and precedents, this facilitates victim-centric justice. RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258Oriental Insurance Co. Ltd. VS Asha Kalra - 2012 0 Supreme(Del) 2811
Key Takeaways:- DAR due within 90 days; extensions possible.- Tribunal supervises, doesn't investigate.- Integrates with Cr.P.C. Section 173 for formal reports.- Enhances fair, expeditious claims.
For personalized guidance, consult legal experts. Stay informed on evolving MV Act procedures to navigate accident claims effectively.
#MVTribunal #DARSubmission #MotorAccidentClaims
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 Form-I. ... Detailed Accident Report (DAR) to be filed by Investigating Officer shall be in Form II of the modified procedure. 4. ... As per the new regime, on receiving the information, Interim Accident Report#HL....
and documents required by the Investigating Officer to complete the Detailed Accident Report (DAR), the Investigating Officer shall seek necessary directions from the Claims Tribunal in Part X of Form-II of DAR, whereupon the Claims Tribunal shall direct the parties in default to disclose the relevant ... ... (iii) Format of the Details Accident Report (DAR) to be filed by the Investiga....
Direct service is permitted. ... further there is no such suggestion made to the investigating officer from the Insurance Company that he had filed any false charge-sheet. ... Dave submitted that the very fact of taking him to the hospital, where the fact of vehicular accident was disclosed, would remove all the doubts of the involvement of the vehicle, where the accused himself has admitted before the investigating officer regarding the accident, which has taken pla....
Had the learned Tribunal been pro-active, in the present matter, then on its own could have brought on record the necessary documents by way of discovery or production or by direction to the Investigating Officer to produce the details of accident in Form No.54 which is Accident Information Report under ... Act and such report of the accident forwarded to the learned Claims Tribunal under sub-section (6) of Section 158 of the M.V. A....
It is true that under Section 159 of the said Act, the police officer is required to submit an accident information report to the claims tribunal during investigation. ... The said accident report is nothing but information of the accident given to the claims tribunal by the investigating officer for facilitating the adjudication of the claim. 19. ... He further submits that the Tribunal....
for the Magistrate to suo motu order for further investigation and direct the investigating officer to submit the report. ... Once the order of discharge is passed, thereafter the Magistrate has no jurisdiction to suo motu direct the investigating officer for further investigation and submit the report. ... However, Section 173(8) CrPC confers power upon the officer in charge of ....
for the Magistrate to suo motu order for further investigation and direct the investigating officer to submit the report. ... Once the order of discharge is passed, thereafter the Magistrate has no jurisdiction to suo motu direct the investigating officer for further investigation and submit the report. ... However, Section 173(8) CrPC confers power upon the officer in charge of ....
He would submit that the power of transfer of investigation must be exercised sparingly, cautiously and in exceptional situation/circumstances. ... The letter speaks about the approach of the investigating officer which is quite vulnerable. ... We are confronted with a very strange situation where the prosecutor who was representing the State before the Trial Court is blaming the investigating officer, whilst the learned Public Prosecutor is defending the investigating#HL_END....
Irshad Ali, (2013) 5 SCC 762, the Hon’ble Supreme Court authoritatively held that: “The Magistrate has no power to direct re- investigation or de novo investigation in a police-report case.” 7. ... The principal question that arises for determination is: “Whether, after filing of a final report or abated charge-sheet, this Court can, in exercise of its inherent jurisdiction to direct a reinvestigation into the matter; and what criteria govern the exercise of such power?” ... At the out....
Hence, this contradictory version in respect of the driver of the car also creates a doubt in the case of the appellants, since the investigating officer filed final C-report, appellants / claimants have to prove the involvement of the offending vehicle in the accident beyond all reasonable doubts. ... Investigating Officer in his evidence categorically admitted that he has not recorded the statement of PW.3-Chandru Ningappa Patil nor the said witness has given any statement before him....
If the Insurance Company is satisfied with respect to the negligence of the offending vehicle, the concerned insurance company shall compute the compensation and submit a report to the Claims Tribunal in FORM-III of the order dated 07th December, 2018 as expeditiously as possible. The Claims Tribunal shall decide such cases as expeditiously as possible, preferably within 30 days from the date of accident." 2.2. If the particulars of insurance policy are available, the intimation of the accident in Form-I shall be given to the Nodal Officer of the concerned Insurance Company of the offending....
Provided that such information may also be furnished to the Insurance Company if requested by or through its agent or by the injured/sufferer or next of the kin or legal representatives of the deceased of the accident. (5) Duties of Investigating Police Officer, enumerated in sub-rules (1) to (3) shall be construed as if they are included in Section 23 of U.P. Police Act, 1861 and any break thereof, shall entail consequences envisaged in that law. 203-B. Prohibition against release of vehicle.-(1) No vehicle, involved in any accident, shall be released by investigating Police Officer or any ....
The investigating Police Officer shall submit report under this rule to the Claims Tribunal in Form SR 48-A. (5) Duties of investigating Police Officer, enumerated in sub-rules (1) to (3) shall be construed as if they are included in Section 23 of U.P. Police Act, 1861 and any break thereof, shall entail consequences envisaged in that law. Provided that such information may also be furnished to the Insurance Company if requested by or through its agent or by the injured/sufferer or next of the kin or legal representatives of the deceased of the accident.
Procedure on receipt of the detailed accident report: (1) The Claims Tribunals shall examine whether the Detailed Accident Report is complete in all respects and shall pass appropriate order in this regard. If the Detailed Accident Report is not complete in any particular respect, the Claims Tribunal shall direct the Investigating Officer to complete the same and shall fix a date for the said completion. (2) The Claims Tribunals shall treat the Detailed Accident Report filed by the Investigating Officer as a claim petition under Section 166(4) of the Motor Vehicles Act. How....
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