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Phalguna Jandhyala

States fail to comply with directions of High Courts, claims petition

New Delhi June 20 The Supreme Court has reserved its verdict on a petition alleging non-compliance of the provisions of Section 158 (6) of the Motor Vehicles (MV) Act in sending accident reports to the insurer and the Motor Accident Claims Tribunal. The final order is expected soon.

The court reserved its order after noting that its earlier directions in various other cases that district Superintends of Police shall be responsible for complying with the provisions, had not been observed.

As per the Act, as soon as any information regarding any accident involving death or bodily injury to any person is recorded, the police officer should forward a report of the same within 30 days to the Claims Tribunal having jurisdiction with a copy thereof to the insurer and the owner of the vehicle. Appearing before the Vacation Bench, for the petitioners - the General Insurance Council, National Insurance Company, New India Assurance Company, Oriental Insurance Company and United India Insurance Company — the Solicitor-General, Mr Goolam E. Vahanvati said that various states have failed to comply with the provisions despite the earlier orders of the court in various other cases.

Mr Vahanvati also assured the court that the insurance companies were willing to constitute a special committee to evolve and suggest steps for overcoming the problem.

The Supreme Court had on May 28 issued notice to all the states seeking implementation of the provisions of Section 158 (6) of the MV Act.

The Bench had asked the respondent states to indicate the number of cases wherein the report in terms of Section 158 (6) of the MV Act had been forwarded to the Tribunal.

The petition said there had been a near breakdown of the adjudicatory system with as many as 1.5 million cases pending in the Claims Tribunals and the High Courts. Of the total number, around 70 per cent cases relate to minor injuries. It said the states had failed to comply with the directions of the High Courts in this regard.

More Stories on : General Insurance | Courts/Legal Issues | Accidents

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