Investigation of Vehicle Accidents

The Central Motor Vehicles (fifth Amendment) Rules, 2022 has mandated the procedure for detailed investigation of road accidents, the detailed accident report (DAR) and its reporting, along with timeline for different stakeholders, for quick settlements of claims by the Motor Accident Claim Tribunal (MACT).

Abbreviation: -

• DAR - Detailed Accident Report.

• MACT - Motor Accident Claim Tribunal.

• IO - Investigating Officer.

• FAR - First Accident Report.

• IAR - Interim Accident Report.

1) According to the notification, on receipt of the information of a road accident, the investigating officer (IO) of police shall proceed to the spot of accident and inspect the accident site immediately, take photographs and the vehicle(s) involved in the accident and prepare a site plan.

2) The notification mandates. The (IO) shall conduct spot enquiry by examining the eyewitnesses/bystanders, and In the case of injury, the (IO) shall also take the photographs of the injured either on the spot or in the hospital, as the case may be.

3) Immediate action of informing the Victims next of kin and their legal representatives will have to be informed about the incident and their rights including the flowchart of the settlement scheme produced within 10 days of the accident.

4) Similar to the procedure under CrPC, The new rules require the IO to intimate the accident to the claims tribunal within 48 hours of the accident, by sub mitting the First Accident Report (FAR).

5) The IO shall also in form the insurance company concerned of the offending vehicle in the given format.

6) The IO shall submit interim accident report (IAR) to the tribunal within 50 days of the accident.

7) The IO as well as the insurance company of the vehicle(s) involved in the accident shall verify the authenticity of the documents furnished through information available on VAHAN or by obtaining confirmation in writing from the registration authorities.

8) The IO shall file the verification report before the tribunal along with the DAR.

9) The IO shall furnish a copy of the documents to the insurance company along with the DAR.

10) The insurance company shall verify the information and documents furnished by the victims within 30 days from the date of the receipt of the DAR.

11) In addition to the process before the Tribunal, The IO shall complete the investigation of the criminal case and file the report before the criminal court concerned within 60 days of the accident and shall submit a copy of the said report along with the DAR submitted before the tribunal.

12) The IO shall complete the verification of the information and documents and submit the DAR to the tribunal within 90 days from the date of the accident.

13) Upon receipt of copy of the FAR, the insurance company shall appoint a designated officer for that case within 10 days who shall be responsible for processing of the case and passing a reasoned decision with respect to the compensation payable to the claimant(s).

14) If the liability to pay the compensation is not disputed, the Insurance Company shall take a decision as to the quantum of compensation payable to the claimant(s) within 30 days of the date of intimation of the accident.

15) The compensation assessed by the designated officer of the insurance company shall constitute a legal offer to the claimant(s) and if the amount is fair and acceptable to the claimant(s), the tribunal shall pass a consent award and shall provide 30 days' time from the date of receipt of the decree to the insurance company to deposit the award amount.

16) If the officer of the insurance company is not fair or is not acceptable to the claimants t or if the insurance company has any defence available, the tribunal shall conduct an inquiry and pass an award within 9 months from the date of Accident.