SC cracks whip on motor accident compensation delays: states and High Courts put on totice"

SC cracks whip on motor accident compensation delays: states and High Courts put on totice"

The Supreme Court has issued a strong warning to various states and high courts regarding the delay in filing compliance reports related to motor accident compensation claims. These reports were expected as per the guidelines issued by the Apex Court in December 2022 to enforce the Motor Vehicle Amendment Act and its Rules.

The Court has set a deadline of August 14 for the defaulting parties to submit their reports. Failure to comply may result in the Court summoning the Registrar Generals of the respective High Courts and Chief Secretaries of the concerned states. Reports have not been received from the High Court of Jammu & Kashmir and Ladakh, Karnataka, Manipur, Patna, Rajasthan, Telangana, and Allahabad, causing concern to the Court.

The guidelines issued in December 2022 aim to streamline the claim process for motor accident compensation. They emphasize the prompt registration of First Accident Reports by the police following motor vehicle accidents, enabling the initiation of the claim process under the Motor Vehicles Act. Each state was directed to establish specialized units in police stations and deploy trained personnel within three months to ensure compliance.

Additionally, the guidelines require Investigating Officers to submit the First Accident Report to the Claims Tribunal within 48 hours of registering the FIR, as per the Motor Vehicles Amendment Rules 2022. The Interim Accident Report and Detailed Accident Report must also be filed within the specified time limit. The Registrar General of the High Courts was instructed to assign police stations to the appropriate Claim Tribunals to facilitate compliance.

The Supreme Court further urged the Registrar General of the High Courts, State Legal Services Authority, and State Judicial Academies to educate stakeholders about the provisions of the Motor Vehicle Amendment Act and its Rules. It emphasized the need for adherence to the law and requested the Chief Secretaries of states and Registrar Generals of the respective High Courts to file compliance reports.

These guidelines were issued during the hearing of a plea concerning the compensation awarded to a victim of a motor accident and the liability of the vehicle owner. The Court stressed the importance of timely settlement of motor accident claims and referred to the successful implementation of the "Claims Tribunal Agreed Procedure" by the Delhi High Court in 2010. However, it noted the lack of effective nationwide implementation of the modified procedure.

To address this, the Court assigned the National Legal Services Authority the responsibility of monitoring the implementation in coordination with various High Courts. State Judicial Academies were directed to sensitize stakeholders and ensure compliance. The Court also mandated the implementation of the "Motor Accident Claims Annuity Deposit Scheme" by Claim Tribunals across the country.

In conclusion, the Supreme Court has issued a strong warning to states and high courts for the delay in filing compliance reports on motor accident compensation claims. The guidelines aim to expedite the claim process and ensure adherence to the Motor Vehicle Amendment Act and its Rules.

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