Page 686 - The Central Motor Vehicles Rules, 1989

658 THE CENTRAL MOTOR VEHICLES RULES, 1989 ANNEXURE-XIII

12. DAR to be submitted by the Investigating Officer before the Claims Tribunal
The Investigating Officer shall complete the verification of the information and
documents further in this Annexure, and submit the DAR in Form-VII to the Claims
Tribunal, within ninety (90) days from the date of the accident. The DAR shall be
accompanied with the following documents:—
(a) Site Plan as per Form VIII;
(b) Mechanical Inspection Report as per Form IX;
(c) Verification Report as per Form X;
(d) Report under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974).
13. Copy of DAR to be submitted to victim(s), owner/driver of the vehicle(s) involved
in the accident, the Insurance Company and the State Legal Service Authority
The Investigating Officer shall furnish a copy of the DAR to victim(s) of the
accident, owner/driver of the offending vehicle. The investigating Officer shall also
furnish a copy of the DAR along with all the relevant documents to the Nodal Officer
of the Insurance Company, General Insurance Council and the State Legal Services
Authority.
14. Investigating Officer may seek necessary directions from the Claims Tribunal
If the driver(s), owner(s), Insurance Company and/or claimant(s) fail to disclose
any relevant information and/or documents required under this Annexure, the
Investigating Officer may seek necessary directions from the Claims Tribunal. The
Claims Tribunal may thereafter direct the parties in default to submit the requisite
information along with the relevant documents as per this Annexure directly with the
Claims Tribunal within fifteen (15) days.
15. Duty of the Registering Authority to verify the documents
The Registering Authority shall verify the registration certificate, driving licence,
fitness and permit in respect of the vehicle(s) involved in the accident within fifteen (15)
days of the application being made by the Investigating Officer.
16. Duty of the hospital to issue MLC (Medico Legal Case) and Post-mortem Report
The concerned hospital shall issue the MLC and Post-Mortem Report to the
Investigating Officer within fifteen (15) days of the accident.
17. Extension of time to file IAR and DAR
Where the Investigating Officer is unable to file the IAR within fifty (50) days
and/or the DAR within ninety (90) days for reasons beyond his control, such as in cases
of hit and run accidents; cases where the parties reside outside the jurisdiction of the
Court; where the driving licence is issued outside the jurisdiction of the Court, or where
the victim(s) has suffered grievous injuries and is undergoing continuous treatment, the
Investigating Officer shall approach the Claims Tribunal for extension of time to file IAR
or DAR, whereupon the Claims Tribunal shall extend the time as it considers
appropriate in the facts and circumstances of each case.
18. Examination of FAR, IAR and DAR by the Claims Tribunal
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