HC directs DGP for filing accident case reports within 30 days

Shimla/August 22 (NG News)
Taking strong cognizance of the non-compliance of Sections 158(6) and 166(4) of the Motor Vehicle Act, Himachal High Court on Friday directed the Director General of Police of the state to ensure that all the officers In-charge of the Police Stations in the entire state will send reports of accidents to the concerned Magistrate as well as the Motor Accidents Claims Tribunals within 30 days.

The High Court also directed the Motor Accidents Claims Tribunals to treat the said report as Claim petition if any claim petition is not filed.

The orders were passed by the Chief Justice Mansoor Ahmad Mir observing that the Police and Claims Tribunals are not fulfilling their legal obligation under Motor Vehicles Act, according to which it is mandatory for the Officer In-charge of the concerned Police Station to forward copy of report of any accident involving death or bodily injury to any person to the Claims Tribunal and Insurer within 30 days and the Claims Tribunal shall treat this report as an application for compensation under this Act.

Justice Mir said that after hearing many such cases right from his taking over as Chief Justice, he has observed that neither the Police nor the Motor Accidents Claims Tribunals are following the mandate of the Motor Vehicles Act, the purpose of which is that the poor persons do not suffer unnecessarily and get compensation as early as possible.
The Court also warned that any departure from the directions shall be viewed seriously.

It is pertinent to mention here that High Court is hearing the oldest of the cases under Motor Vehicle Act in order to clear the backlog of such cases and Chief Justice Mansoor Ahmad Mir is hearing the appeals under Motor Vehicle Act every Friday in single bench.
The Court of the Chief Justice today decided 17 appeals arising out of the awards rendered by various Motor Accidents Claims Tribunals, pertaining to the years 2007 to 2013 and awarded a compensation of Rs 73.26 lakh.