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Tuesday, May 29, 2007
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Apex court notice to all States on MVA provisions

Legal Correspondent

Accident reports not being sent to the insurer and to the Motor Accident Claims Tribunal

New Delhi: The Supreme Court on Monday issued notice to all the States on a petition alleging non-compliance of the provisions of Section 158 (6) of the Motor Vehicles Act in sending accident reports to the insurer and to the Motor Accident Claims Tribunal.

As per Section 158 (6) of the MV 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.

Acting on a petition filed by the General Insurance Council; the National Insurance Co.; the New India Assurance Co; the Oriental Insurance Co and the United India Insurance Co, alleging non-compliance of this provision, a vacation Bench of Justice Arijit Pasayat and Justice D.K. Jain issued the notice returnable on June 18.

The Bench 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.

Adjudicatory system

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. It said the States had failed to comply with the directions of the High Courts in this regard. ``It is positively implied that if laws have been made they have to be complied with and enforced.

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