RAJESH TYAGI Vs. JAIBIR SINGH

JUDGEMENT

(1.) Section 158 (6) was incorporated in the Motor Vehicles Act, 1988 in the year 1994. Section 158 (6) provides that the S.H.O. of the police station shall send the Accident Information Report to the Motor Accidents Claims Tribunal within 30 days of recording of the F.I.R. and a copy to the concerned insurance company. Section 158 (6) of the Motor Vehicles Act is reproduced hereunder:

(2.) Rule 150 of Central Motor Vehicles Rules, 1989 provides that the Accident Information Report under section 158 (6) shall be in Form 54 which is reproduced hereunder:

(3.) The importance of this Accident Information Report by the police is that section 166 (4) mandates the Claims Tribunal to treat the Accident Information Report as an application for compensation. However, the police was not following section 158 (6) of the Motor Vehicles Act which was brought to the notice of the Hon'ble Supreme Court in the case of General Insurance Council v. State of Andhra Pradesh, 2007 ACJ 2006 (SC). Vide judgment dated 9.7.2007 the Hon'ble Apex Court directed all the State Governments and Union Territories to instruct all concerned police officers to comply with the requirements of section 158 (6) of the Motor Vehicles Act read with rule 150 and Form 54 of the Central Motor Vehicles Rules. It was further directed that periodical checking be done by the concerned Inspector General of Police to ensure that the requirements are being complied and appropriate action be taken in cases of non-compliance. The directions of Hon'ble Supreme Court in the said judgment are reproduced as under: