Royal Sundaram Alliance Insurance Co. Ltd. Vs. Sathikbasha and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1179285
CourtChennai High Court
Decided OnOct-28-2015
Case NumberC.M.A. No. 933 of 2015 & Cross-Objection No. 74 of 2015
JudgeS. Manikumar &Amp; The Honourable Mr. Justcie G. Chockalingam
AppellantRoyal Sundaram Alliance Insurance Co. Ltd.
RespondentSathikbasha and Another
Excerpt:
motor vehicles act, 1988 - section 158 (6); comparative citation: 2015 (2) tnmac 717,s. manikumar, j. 1. on 28.9.2015, mr. n. vijayaraghavan, learned counsel for the appellant in c.m. a.no.933 of 2015 submitted that the decision of the hon'ble supreme court in general insurance council and others v. state of andhra pradesh and others, 2007 (2) tn mac 62 (sc): 2007 acj 2006 (sc), has not been implemented in letter and spirit, and further submitted that police are not filing reports to the concerned tribunals, for effective and proper adjudication of the disputes. 2. taking note of the above, we requested mr. p.h. aravind pandian, learned additional advocate general, government of tamil nadu, to assist this court as amicus curiae. 3. reverting and on the basis of the memorandum in rc.no.187352/crime.iv(1)/2015, dated 23.10.2015 issued by the director general of police, government of tamil nadu, mr. p.h. aravind pandian, learned additional advocate general, submitted that in compliance with the orders of the hon'ble supreme court in general insurance council and others v. state of andhra pradesh and others, 2007 (2) tn mac 62 (sc): 2007 acj 2006 (sc), a memorandum dated 23.10.2015 has been issued by the director general of police, chennai, giving instructions to (i) all commissioner of police in cities, (ii) all inspector general of police in zones, and (iii) all superintendent of police in districts, to inform all station house officers under their control to comply with the provisions of section 158(6) of the motor vehicles act, 1988. in the said memorandum, steps, to be taken by the station house officer of the jurisdictional police stations are also indicated. memorandum dated 23.10.2015, is extracted hereunder. rc.no.187352/crime.iv(1)/2015 office of the director general of police, mylapore, chennai-600 004 memorandum sub: police “ motor accident cases “ report under section 158 (6) of the motor vehicles act, 1988 “ to be forwarded to the claims tribunal “ general insurance council and others v. state of andhra pradesh and others “ instructions “ regarding. ref: 1. orders of the hon'ble supreme court in general insurance council and others v. state of andhra pradesh and others, dated 9.7.2007. 2. circular memorandum no.187352/cr.iv(1)/2009 dated 30.9.2010. in reference first cited, the hon'ble supreme court has, inter alia, ordered that section 158(6) of the motor vehicles act, 1988 mandates the police officer to forward a copy of the police report to the claims tribunal having jurisdiction and to the concerned insurance company (as discussed below). 2. section 158(6) of the motor vehicles act, 1988 provides follows: as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer-in-charge of the police station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such report to the claims tribunal having jurisdiction and a copy thereof to the concerned insurer, and where a copy is made available to the owner, he shall also within thirty days of receipt of such report, forward the same to such claims tribunal and insurer. ? 3. rule 150 of the central motor vehicles rules, 1989 prescribes as follows: 150. furnishing copies of reports to claims tribunal.- 1. the police report referred to in sub-section (6) of section 158, shall be in form 54. 2. a registering authority or a police office, who is required to furnish the required information to the person eligible to claim compensation under section 160, shall furnish the information in form 54, within seven days from the date of receipt of the request and on payment of a fee of rupees ten ?. 4. the commissioners of police in cities and the superintendents of police in districts are requested to inform all shos under their control to comply with the provisions of section 158(6) of the motor vehicles act, 1988. for this purpose, the following steps will have to be taken by the stations house officers of the jurisdictional police stations: (1) accident information report in form no.54 of the central motor vehicles rules, 1989 ( air for short) shall be submitted by the police (station house officer) to the jurisdictional motor vehicle claims tribunal within 30 days of the registration of the fir. in addition to the particulars required to be furnished in form no.54, the police should also collect and furnish the following additional particulars in the air to the tribunal: i. the age of the victims at the time of accident; ii. the income of the victim; iii. the names and ages of the dependent family members; (2) the air shall be accompanied by the attested copies of the fir, site sketch/mahazar/photographs of the place of occurrence, driving license of the driver, insurance policy (and if necessary fitness certificate) of the vehicle and post-mortem report (in case of death) or the injury/wound certificate (in case of injuries). the names/addresses of injured or the dependent family members of the deceased should also be furnished to the tribunal. (3) simultaneously, copy of the air with annexure there to shall be furnished to the concerned insurance company to enable the insurer to process the claim ?. 5. in case of non-compliance, appropriate action should be taken against the erring police officials. 6. inspectors general of police in zones shall make periodical checking in this regard to ensure that these requirements are complied with by all officers. for director general of police to all commissioner of police in cities all inspector general of police in zones. all superintendent of police in districts. copy to: all deputy inspector general of police in ranges. ? 4. in addition to what is stated in the memorandum dated 23.10.2015, of the director general of police, state of tamil nadu, at this juncture, we wish to add that the jurisdictional assistant commissioners of police/deputy superintendents of police, traffic investigation, shall also be directed to make periodical checking in this regard, once in a month, in view of the time stipulated in the central motor vehicles rules, 1989. the director general of police, government of tamil nadu, may also consider issuing suitable directions, to the technical computer wing of the police department, to prepare a database of airs to be submitted by the station house officers or the investigating officers, as the case may be, to the jurisdictional motor vehicles tribunal and to be monitored by the concerned jurisdictional assistant commissioners of police/deputy superintendents of police, traffic investigation, which data can be sent through electronic media to the inspector general of police/director general of police, for overall monitoring, through the commissioners of police/superintendents of police. 5. for filing of a compliance report and to monitor, registry is directed to get appropriate orders from my lord the hon'ble the chief justice for posting this matter before this bench. 6. at this juncture, before parting with the case for the present, we place on record, our due and sincere appreciation to mr. p.h. aravind pandian, learned additional advocate general, government of tamil nadu, for his promptness in getting appropriate instructions from the director general of police, government of tamil nadu, for implementation of the order of the hon'ble supreme court in general insurance council and others v. state of andhra pradesh and others, 2007 (2) tn mac 62 (sc): 2007 acj 2006 (sc).
Judgment:

S. Manikumar, J.

1. On 28.9.2015, Mr. N. Vijayaraghavan, learned Counsel for the Appellant in C.M. A.No.933 of 2015 submitted that the decision of the Hon'ble Supreme Court in General Insurance Council and others v. State of Andhra Pradesh and others, 2007 (2) TN MAC 62 (SC): 2007 ACJ 2006 (SC), has not been implemented in letter and spirit, and further submitted that Police are not filing reports to the concerned Tribunals, for effective and proper adjudication of the disputes.

2. Taking note of the above, we requested Mr. P.H. Aravind Pandian, learned Additional Advocate General, Government of Tamil Nadu, to assist this Court as Amicus Curiae.

3. Reverting and on the basis of the Memorandum in Rc.No.187352/Crime.IV(1)/2015, dated 23.10.2015 issued by the Director General of Police, Government of Tamil Nadu, Mr. P.H. Aravind Pandian, learned Additional Advocate General, submitted that in compliance with the Orders of the Hon'ble Supreme Court in General Insurance Council and others v. State of Andhra Pradesh and others, 2007 (2) TN MAC 62 (SC): 2007 ACJ 2006 (SC), a Memorandum dated 23.10.2015 has been issued by the Director General of Police, Chennai, giving instructions to (i) all Commissioner of Police in Cities, (ii) all Inspector General of Police in Zones, and (iii) all Superintendent of Police in Districts, to inform all Station House Officers under their control to comply with the provisions of Section 158(6) of the Motor Vehicles Act, 1988. In the said Memorandum, steps, to be taken by the Station House Officer of the jurisdictional Police Stations are also indicated. Memorandum dated 23.10.2015, is extracted hereunder.

Rc.No.187352/Crime.IV(1)/2015 Office of the Director General of Police, Mylapore,

Chennai-600 004

MEMORANDUM

Sub: Police “ Motor Accident Cases “ Report under Section 158 (6) of the Motor Vehicles Act, 1988 “ To be forwarded to the Claims Tribunal “ General Insurance Council and others v. State of Andhra Pradesh and others “ Instructions “ Regarding.

Ref: 1. Orders of the Hon'ble Supreme Court in General Insurance Council and others v. State of Andhra Pradesh and others, dated 9.7.2007.

2. Circular Memorandum No.187352/Cr.IV(1)/2009 dated 30.9.2010.

In reference first cited, the Hon'ble Supreme Court has, inter alia, ordered that Section 158(6) of the Motor Vehicles Act, 1988 mandates the Police Officer to forward a copy of the Police Report to the Claims Tribunal having jurisdiction and to the concerned Insurance Company (as discussed below).

2. Section 158(6) of the Motor Vehicles Act, 1988 provides follows:

As soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this Section is completed by a Police Officer, the officer-in-charge of the Police Station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such Report to the Claims Tribunal having jurisdiction and a copy thereof to the concerned Insurer, and where a copy is made available to the Owner, he shall also within thirty days of receipt of such report, forward the same to such Claims Tribunal and Insurer. ?

3. Rule 150 of the Central Motor Vehicles Rules, 1989 prescribes as follows:

150. Furnishing copies of Reports to Claims Tribunal.-

1. The Police Report referred to in sub-section (6) of Section 158, shall be in Form 54.

2. A Registering Authority or a Police Office, who is required to furnish the required information to the person eligible to claim Compensation under Section 160, shall furnish the information in Form 54, within seven days from the date of receipt of the request and on payment of a fee of rupees ten ?.

4. The Commissioners of Police in Cities and the Superintendents of Police in Districts are requested to inform all SHOs under their control to comply with the provisions of Section 158(6) of the Motor Vehicles Act, 1988. For this purpose, the following steps will have to be taken by the Stations House Officers of the Jurisdictional Police Stations:

(1) Accident Information Report in Form No.54 of the Central Motor Vehicles Rules, 1989 ( AIR for short) shall be submitted by the Police (Station House Officer) to the Jurisdictional Motor Vehicle Claims Tribunal within 30 days of the registration of the FIR. In addition to the particulars required to be furnished in Form No.54, the Police should also collect and furnish the following additional particulars in the AIR to the Tribunal:

i. The age of the victims at the time of accident;

ii. The income of the victim;

iii. The names and ages of the dependent family members;

(2) The AIR shall be accompanied by the attested copies of the FIR, Site Sketch/Mahazar/Photographs of the place of occurrence, Driving License of the Driver, Insurance Policy (and if necessary Fitness Certificate) of the vehicle and Post-Mortem Report (in case of death) or the Injury/Wound certificate (in case of injuries). The names/addresses of injured or the dependent family members of the deceased should also be furnished to the Tribunal.

(3) Simultaneously, copy of the AIR with annexure there to shall be furnished to the concerned Insurance Company to enable the Insurer to process the claim ?.

5. In case of non-compliance, appropriate action should be taken against the erring Police Officials.

6. Inspectors General of Police in Zones shall make periodical checking in this regard to ensure that these requirements are complied with by all Officers.

For Director General of Police

To

All Commissioner of Police in Cities

All Inspector General of Police in Zones.

All Superintendent of Police in Districts.

Copy to: All Deputy Inspector General of Police in Ranges. ?

4. In addition to what is stated in the Memorandum dated 23.10.2015, of the Director General of Police, State of Tamil Nadu, at this juncture, we wish to add that the jurisdictional Assistant Commissioners of Police/Deputy Superintendents of Police, Traffic Investigation, shall also be directed to make periodical checking in this regard, once in a month, in view of the time stipulated in the Central Motor Vehicles Rules, 1989. The Director General of Police, Government of Tamil Nadu, may also consider issuing suitable directions, to the Technical Computer Wing of the Police Department, to prepare a database of AIRs to be submitted by the Station House Officers or the Investigating Officers, as the case may be, to the jurisdictional Motor Vehicles Tribunal and to be monitored by the concerned jurisdictional Assistant Commissioners of Police/Deputy Superintendents of Police, Traffic Investigation, which data can be sent through electronic media to the Inspector General of Police/Director General of Police, for overall monitoring, through the Commissioners of Police/Superintendents of Police.

5. For filing of a Compliance Report and to monitor, Registry is directed to get appropriate orders from My Lord The Hon'ble The Chief Justice for posting this matter before this Bench.

6. At this juncture, before parting with the case for the present, we place on record, our due and sincere appreciation to Mr. P.H. Aravind Pandian, learned Additional Advocate General, Government of Tamil Nadu, for his promptness in getting appropriate instructions from the Director General of Police, Government of Tamil Nadu, for implementation of the Order of the Hon'ble Supreme Court in General Insurance Council and others v. State of Andhra Pradesh and others, 2007 (2) TN MAC 62 (SC): 2007 ACJ 2006 (SC).