Page 894 - The Central Motor Vehicles Rules, 1989
P. 894
866 COMPENSATION TO VICTIMS ..........ACCIDENTS SCHEME, 2022 PARA 22
be kept as a permanent record, including in electronic format and the record of
the proceedings of each meeting shall be signed by Chairperson.
19. Nomination of insurance company
General Insurance Council shall nominate any of its officer of an insurance
company in each District for settlement of claims under section 161 and this
scheme.
20. Procedure for making claim application
(1) The applicant shall submit an application seeking compensation under
this scheme in Form I, including through electronic means, along with a copy of
claim raised by the hospital providing the treatment, if any, as per Scheme for
Cashless Treatment formulated under section 162, and the undertaking in Form
IV, and such other documents mentioned in Form I, including through electronic
means, to the Claims Enquiry Officer of the Sub-Division or Taluka in which the
accident took place.
(2) Where the Claims Enquiry Officer does not accept the grounds advanced
by the applicant he shall record speaking order and communicate to the applicant
reasons for not accepting the claim application.
21. Procedure to be followed by Claims Enquiry Officer
(1) On receipt of claims application, the Claims Enquiry Officer shall
immediately obtain a copy of the First Accident Report (FAR), post mortem report,
as the case may be, from the concerned authorities and hold enquiry in respect
of claims arising out of the hit and run motor accident.
(2) It shall be the duty of the Claims Enquiry Officer—
(a) to decide as to who are the rightful claimants, where there is more
than one claimant;
(b) to submit to the Claims Settlement Commissioner, as early as possible,
and in any case within a period of one month from the date of receipt
of application, a report in Form II, along with his own
recommendation, and the Forms and documents received from the
claimant.
(3) Where the Claims Settlement Commissioner has returned any report to
the Claims Enquiry Officer for further enquiry under sub-paragraph (3) of paragraph
22, the Claims Enquiry Officer shall make such additional enquiries as may be
necessary and re-submit the report to the Claims Settlement Commissioner within
fifteen days for final order.
22. Sanctioning of claims
(1) Subject to sub-paragraph (2), on receipt of report of the Claims Enquiry
Officer, the Claims Settlement Commissioner shall sanction the claim, as far as
possible, within a period not exceeding fifteen days from the date of receipt of
such report and communicate the sanction order in Form III, and the Forms and
documents received from the claimant, to the Trust constituted under rule 4 of