Procedure for Investigation of road accident cases by the Police [01/04/2022]

PROCEDURE FOR INVESTIGATION OF MOTOR VEHICLE ACCIDENTS
UNDER CENTRAL MOTOR VEHICLES (FIFTH AMENDMENT)
RULES, 2022
EFFECTIVE FROM 1ST APRIL, 2022

The duties of police enumerated below shall be construed as if they are
included in the respective State Police Act and any breach thereof shall
entail consequences envisaged in that law.

The Investigating Officer shall intimate the accident to the Claims Tribunal within forty-eight (48) hours of the accident, by submitting the First Accident Report (FAR) in Form-I. If the particulars of insurance policy are available, the intimation of the accident in Form-I shall also be given to the Nodal Officer of the concerned Insurance Company of the offending vehicle. A copy of Form-I shall also be provided to the victim(s), the State Legal Services Authority, Insurer and shall also be uploaded on the website of State Police, if available.

The Investigating Officer shall furnish the description of the rights of victim(s) of road accidents and flow chart of the Scheme mentioned in Form-II, to the victim(s), or their legal representatives, within ten (10) days of the accident. The Investigating Officer shall also file a copy of Form-II along with the Detailed Accident Report (DAR).

The Investigating Officer as well as the Insurance Company of the vehicle(s) involved in the accident shall verify the information and documents provided in Form-III and Form–IV, and shall verify the
authenticity of the documents furnished through information available on VAHAN or by obtaining confirmation in writing from the Registration Authority/person purported to have issued the same or by such further investigation or verification, as may be deemed necessary. The Investigating Officer shall file the Verification Report in Form-X before the Claims Tribunal along with the Detailed Accident Report (DAR).

The Claims Tribunal shall examine whether the FAR, IAR and the DAR are complete in all respects. If the DAR is complete in all respects, the Claims Tribunal shall fix a date for appearance of the driver(s),owner(s), claimant(s) and the eye witness(es) and the Investigating Officer shall produce them on the date so fixed. The Investigating Officer shall also intimate the date so fixed by the Claims Tribunal to the Nodal Officer of the Insurance Company and the Insurance Company shall ensure appearance on the date so fixed. If the FAR, IAR, and DAR are not complete, the Claims Tribunal shall direct the Investigating Officer to complete the same and shall fix a date for the said completion.

(1) The Claims Tribunal shall treat the DAR filed by the
Investigating Officer as a claim petition under section (4) of section 166
of the Motor Vehicles Act, 1988. However, where the Investigating
Officer is unable to produce the claimant(s) on the first date of hearing,
the Claims Tribunal shall register the DAR as a claim petition after the
appearance of the claimant(s).

(2) Where the claimant(s) have filed a separate claim petition, the
DAR may be tagged along with the claim petition.

(3) If the Report under section 173 of the Code of Criminal
Procedure, 1973 (2 of 1974) has not been filed at the time of filing of
the DAR, the Claims Tribunal may either wait till filing of the Report
under Section 173 of the said Code of Criminal Procedure or record the
statement of the eye witness(es) to satisfy itself with respect to the
negligence before passing the award.

The Claims Tribunal shall register the case under section 166 of the Motor Vehicles Act, 1988, if the DAR and in particular, the Report under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974) has brought a case of rash and negligent driving. However, in cases where the DAR does not bring a charge of negligence or the claimant(s) choose to claim compensation on No-fault basis despite the charge of negligence, the Claims Tribunal shall register the claim as a case under section 164 of the Motor Vehicles Act, 1988

The respondent held liable to pay compensation by the Claims Tribunal shall give notice of deposit of the compensation amount to the claimant(s) and shall file a compliance report with the Claims Tribunal, either electronically or otherwise, with respect to the deposit of the compensation amount within fifteen (15) days of the deposit with the interest upto the date of notice of deposit to the claimant(s) with a copy to their counsel within thirty (30) days of the award.

RIGHTS OF VICTIM(S) OF ROAD ACCIDENT AND FLOW CHART OF THE SCHEME MENTIONED BELOW

To be handed over by Investigating Officer to the Victim/Family Members/Legal Representatives within 10 days of the accident

1. Right to immediate medical aid and treatment.
2. Right to copy of FIR.
3. Right to copy of First Accident Report (FAR) in Form – I.
4. Right to copy of Rights of Victim and Flow Chart of this Scheme in Form -II.
5. Right to copy of Driver’s Form-III along with the documents.
6. Right to copy of Owner’s Form-IV along with the documents.
7. Right to copy of Interim Accident Report (IAR) in Form-V along with the documents.
8. Right to blank copy of format of Victim’s Form-VI and Form-VIA.
9. Right to copy of Detailed Accident Report (DAR) in Form-VII along with the documents.
10. Right to copy of Insurance Form-XI.
11. Right to copy of Report under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974).
12. Right to copy of Victim Impact Report in Form-XII.
13. Right to copy of MLC and Postmortem Report.
14. Right to free legal aid from State Legal Services Authority.
15. Right to appear before the Claims Tribunal in person or through lawyer.
16. Right of a minor child/ children (18 years or below) of the victim to be referred to the Child Welfare Committee by the IO for Inquiry into their needs and status.
17. Right of a minor child/ children (18 years or below) of the victim to have the Child Welfare Committee conduct an Inquiry through the District Child Protection Officer into their well-being, medical needs, security, nutrition, etc.
18. Right of a minor child/ children (18 years or below) of the victim to get all benefits of Juvenile Justice (Care and Protection of Children) Act, 2015 in case the Child Welfare Committee returns a finding of a child being a Child in Need of Care and Protection (CNCP).
19. Right of such minor child/children of the Victim to be placed in a Children’s Home in case both the parents died or the surviving parent is unable to take care of the child, as provided under the Juvenile Justice (Care and Protection of Children) Act, 2015.
20. Right to receive compensation under the Scheme for Motor Accident Claims formulated by the Delhi High Court.

Flow Chart of the aforesaid Scheme is attached herein.
S.H.O./I.O
P.I.S./EMPLOYEE No. :
Phone No. :
P.S. :
Date :
Acknowledgement of the Victim/Family Members/Legal Representatives

I have received this Form and the Flow Chart of the Scheme along with the copy of a blank Victim’s Form-VI and
Form-VIA.
Victim/Family Members/Legal Representatives
Date :

Documents considered and attached to the report

READ MORE PROCEDURE FOR INVESTIGATION
OF MOTOR VEHICLE ACCIDENTS UNDER
CENTRAL MOTOR VEHICLES (FIFTH AMENDMENT) RULES, 2022
EFFECTIVE FROM 1ST APRIL, 2022

ROAD ACCIDENT RECORDING AND REPORTING FORMAT

SOP FOR MOTOR ACCIDENT PROCEDURE HP POLICE