Page 687 - The Central Motor Vehicles Rules, 1989

ANNEXURE-XIII THE CENTRAL MOTOR VEHICLE RULES, 1989 659

direct the Investigating Officer to complete the same and shall fix a date for the said
completion.
19. Duty of the Investigating Officer to produce the driver(s), owner(s), claimant(s)
and eye witness(es) before the Claims Tribunal
The Investigating Officer shall produce the driver(s), owner(s), claimant(s) and the
eye witness(es) before the Claims Tribunal, after the order of the Claims Tribunal that
the DAR is complete in all respects. However, if the Investigating Officer is unable to
produce the owner(s), driver(s), claimant(s) and eye-witness(es) before the Claims
Tribunal on the date fixed by the Claims Tribunal for reasons beyond his control, the
Claims Tribunal may issue notice to them to be served through the Investigating Officer
for a date for appearance not later than thirty (30) days. The Investigating Officer shall
give an advance notice to the Nodal Officer of the concerned Insurance Company about
the date of filing of the DAR before the Claims Tribunal so that the nominated counsel
for the Insurance Company can remain present on the first date of hearing before the
Claims Tribunal.
20. Duties of Police shall be construed to be part of State Police Act
The duties of police enumerated above 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.
21. Claims Tribunal shall treat DAR as a claim petition for compensation under
sub-section (4) of section 166 of the Motor Vehicles Act, 1988
(1) The Claims Tribunal shall treat the DAR filed by the Investigating Officer as a
claim petition under sub-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.
(4) The Claims Tribunal shall register the FAR as a Miscellaneous application and
the IAR as well as DAR shall be taken on record in the same Miscellaneous application.
22. Cases of rash and negligent driving
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.
23. Duty of the Insurance Companies to appoint a Designated Officer within ten (10)
days of the receipt of the copy of DAR
Upon receipt of copy of the first intimation of accident (FAR), the Insurance
Company shall appoint a Designated Officer for that case within ten (10) days. The
Designated Officer shall be responsible for dealing / processing of that case and to pass