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
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