The Madras High Court has directed the Tamil Nadu DGP to issue circular to all investigation officers (IOs) dealing with road accidents to file detailed accident report (DAR) before motor vehicle claims tribunals and jurisdictional magistrates along with final report for deciding the just compensation. Justice P N Prakash, in his order last week, granted the director general of police (DGP) three months’ time to issue the circular.
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He said that on the court’s suggestion, N Vijayaraghavan, counsel for petitioner Cholamandalam MS General Insurance Company Limited, had agreed to assist the authorities to frame the circular for issuing it to IOs across the state for implementing the May 13, 2016 directions of the Supreme Court.
The matter relates to a petition filed by the company, seeking a direction to the police to probe two false motor accident claims in Cuddalore district and take action. During the course of hearing, the petitioner brought to the court’s notice the order of the Supreme Court, directing implementation of a procedure called DAR.
The judge took note of the apex court order and said it was for the DGP to issue the circular, directing the IOs to file DAR before the motor accident claims tribunals and the jurisdictional magistrates, along with the final report, to decide compensation under under Section 357(A) of CrPC, read with Tamil Nadu Victims Compensation Scheme.
Enabling victims of motor vehicle accidents to get their claim settled as early as possible, the Supreme Court had on May 13 directed the police to implement a DAR system.
The system, among others, directs the police to immediately register an FIR when an accident occurs, identify the victim, the vehicle, its owner and driver, obtain relevant records, compile a comprehensive report of all details with all authenticated documents/records of the victim’s claim.
They should then file it before the claims tribunal concerned to enable it issue notice to victims/claimants of motor accidents, owners, drivers and insurance companies or transport corporations and then expeditiously assess compensation on the basis of the collected evidence.
The police should also file a DAR before the magistrate’s court where the criminal trial takes place so that the magistrate can fix compensation to victims from and out of Tamil Nadu Victim Compensation Scheme.
The judge after granting three months’ time to the DGP to issue the circular, posted the matter to January 5, 2017 for reporting compliance.