Motor Accident Claims : Supreme Court Criticises 'Lethargic Attitude' Of States In Not Filing Compliance Report

The Supreme Court recently criticised the 'lethargic attitude' of states in not filing compliance reports on directions issued by the Top Court for implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules.

The Apex Court in its previous order dated 10.07.2023 had urged the States and High Courts that had not filed their compliance reports in connection with a slew of directions issued by the Top Court in December 2022 with regard to motor accident compensation claims to do so by August 14. The Court warned that if the reports are not submitted on time, the Court would have to insist on the presence of Registrar Generals of the concerned High Courts and the Chief Secretaries of the concerned States in Court. The guidelines were issued in 2022 to carry out the purpose of the Motor Vehicle Amendment Act and the Rules.

On 18th August, a division bench of Justice J K Maheshwari and Justice K V Viswanathan noted that despite this, 10 states remained unrepresented and 8 states prayed for more time to file compliance reports: 

"In the previous order, it was made clear that the order be communicated to all the High Courts and Chief Secretaries of the States and Union Territories so that in case the compliance is not filed by them, suitable directions for presence of concerned officers may be directed today. In spite of such an order, the abovementioned 10 States/Union Territories have not been represented. We cannot appreciate such a lethargic attitude of the said States in a matter in which the Motor Vehicles Act and Central Motor Vehicles Rules have been amended and directions have been issued on 15.12.2022 for their implementation within the time schedule of four months."

The Court noted that the States of Goa, Gujarat, Jammu & Kashmir & Ladakh, Jharkhand, Madhya Pradesh, Uttrakhand, Union Territories of Chandigarh, Dadra & Nagar Haveli & Daman and Diu, Lakshdweep and Puducherry were unrepresented. The states of Assam, Himachal Pradesh, Maharashtra, Tamil Nadu, Telangana, Tripura, West Bengal and Andhra Pradesh sought for time to file their affidavits. Sr. Adv. Dr. Manish Singhvi handed over the compliance report for the State of Rajasthan which was taken on record by the Court.

On 18th August, the Court also appointed Sr. Adv. J. R. Midha, as Amicus Curiae to compile provisions of the Act and Rules, relevant judgments and give suggestions. He will be assisted by Samrika Biswal and Sumit Chander. 

Sr. Adv. J. R. Midha placed before Court suggestions for the implementation of the Act and the Rules. The Court was of the view that the suggestions were necessary for compliance of the provisions of the Act and the Rules. The Court accordingly directed the Chief Secretaries of states to collect data from stakeholders and to incorporate it in their affidavits. 

The following data are to be called for from all the stakeholders, according to the suggestions of the amicus curiae:

Data required for State Police for the period 1st April, 2022 to 31st July, 2023

Whether the Central Motor Vehicles Act, 2022 and the FORMS contained in the Rules have been circulated for being complied by the Police Officials. If so, then the date of such circulation and the copy of the DO.

What Steps have been taken by the State Police to ensure the compliance of the Central Motor Vehicle Rules, 2022 in respect of the Road Accidents. Name and designations of the Officers responsible for ensure the compliance of the Central Motor Vehicles, Rules, 2022 by the Police Station.

Whether any training has been imparted to Police Officers for compliance of Central Motor Vehicle Rules, 2022.

Data required from Police of each District for the period 1st April, 2022 to 31st July, 2023.

Number of Road Accidents.

Number of cases in which First Accident Report (FAR) filed within 48 hours of the accident.

Number of cases in which First Accident Report (FAR) filed after 48 hours of the accident.

Number of cases in which First Accident Report (FAR) has not been filed.

Number of cases in which Interim Accident Report (IAR) filed within 50 days of the accident.

Number of cases in which Interim Accident Report (IAR) filed after 50 days of the accident.

Number of cases in which Interim Accident Report (IAR) has not been filed.

Number of cases in which Detailed Accident Report (FAR) filed within 90 days of the accident.

Number of cases in which Detailed Accident Report (FAR) filed after 90 days of the accident.

Number of cases in which Detailed Accident Report (FAR) has not been filed.

Data to be collected from each Insurance Company for the period 1st April, 2022 to 31st July, 2023

Number of Interim Accident Reports (IAR) received from the Police.

Number of First Accident Reports (FAR) received from the Police.

Number of Detailed Accident Reports (DAR) received from the Police.

Data to be complied in respect of each Motor Accident Claims Tribunal for the period 1st April 2022 to 31st July, 2023

Number of Interim Accident Reports (IAR) received month wise.

Number of First Accident Reports (FAR) received month wise.

Number of Detailed Accident Reports (DAR) received month wise.

Number of cases in which the Detailed Accident Reports (DAR has been treated as claim petition. Number of Cases decided according to the time period specified in Central Motor Vehicles Rules, 2022.

The Court directed the Registrar General of all High Courts and the Chief Secretaries of all States to file their compliance reports by 02.09.2023, 

"It is made clear that in case the consolidated affidavit is not filed within the stipulated time, we shall be constrained to pass an order to secure the presence of the officers concerned." the Court said in its 18th August order.

Case Title: Gohar Mohammed Versus Uttar Pradesh State Road Transport Corporation & others | Civil Appeal No. 9322 of 2022

Citation : 2023 LiveLaw (SC) 686

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