Page 688 - The Central Motor Vehicles Rules, 1989

660 THE CENTRAL MOTOR VEHICLES RULES, 1989 ANNEXURE-XIII

a reasoned decision in writing with respect to the compensation payable to the
claimant(s) in accordance with law.
24. Duty of the Insurance Companies to appoint a Nodal Officer and intimate the
State Police
All the insurance companies shall appoint a Nodal Officer and intimate the name,
address, phone numbers/mobile numbers and e- mail address of their Nodal Officer to
the State police and all the investigating officers of State police dealing with the
investigation of motor accident claims shall send relevant forms and documents to the
Nodal Officer by e-mail.
25. Duty of Insurance Companies to verify the claim
The Insurance Companies are duty bound to verify the correctness/genuineness
of every claim. The Insurance Companies shall direct their own officer(s) or appoint an
investigator or surveyor to verify the claim.
If the statements made in the DAR are found to be incorrect, the Designated Officer
shall send the copy of the report of the surveyor/investigator to the Deputy
Commissioner of Police concerned. If the Insurance Company, upon investigation, finds
a case of fake accident, the Insurance Company shall be at liberty to file an application
before the Deputy Commissioner of Police concerned to requisition the call detail record
(CDR) of the driver of the offending vehicle.
26. Form XI to be submitted by the Insurance Company before the Claims Tribunal
within thirty (30) days of DAR
If the liability to pay the compensation is not disputed, the Insurance Company
shall take a decision as to the quantum of compensation payable to the claimant(s) in
accordance with law within thirty (30) days of the date of intimation of the accident. The
decision taken by the Designated Officer of the Insurance Company shall be a reasoned
decision in writing, and be submitted before the Claims Tribunal in Form-XI. If the
Insurance Company does not admit the liability to pay the compensation, it shall
disclose the grounds of defence in Form-XI and shall file the copy of report of
Surveyor/Investigator along with said form.
27. Consent award to be passed where claimant(s) accepts the offer of Insurance
Company
The compensation assessed by the Designated Officer of the Insurance Company
shall constitute a legal offer to the claimant(s) and if the said amount is fair and
acceptable to the claimant(s), the Claims Tribunal shall pass a consent award and shall
provide thirty (30) days time from the date of receipt of the decree to the Insurance
Company to deposit the award amount. However, before passing the consent award,
the Claims Tribunal shall ensure that the claimant(s) are awarded just compensation in
accordance with law. The Claims Tribunal shall ensure that the consent award is passed
within six months from the date of accident.
28. Claimant(s) to respond to the offer of the Insurance Company within thirty (30)
days
If the claimant(s) are not in a position to immediately respond to the offer of the
Insurance Company, the Claims Tribunal shall grant them time not later than thirty (30)
days to respond to the said offer.
29. In case of non-settlement, the Claims Tribunal shall conduct an enquiry and pass
an award within thirty (30) days
If the offer of the Insurance Company is not fair or is not acceptable to the
claimant(s) or if the Insurance Company has any defence available to it under law, the