SUNITA Vs. SUCHA SINGH

JUDGEMENT

(1.) The present petition has been preferred by the claimant aggrieved by the order passed by the Motor Accident Claim Tribunal, Pathankot wherein the petitioner's claim has been returned with the directions to avail the appropriate remedy as per the amendment Act or its rules.

(2.) The Tribunal has held that since the accident information report has not been filed by the police, therefore, the claim petition cannot be directedly filed before the Tribunal.

(3.) Learned counsel for the petitioners has contended that as per the Amended Sec. 159, information regarding a Detailed Accident Report is to be given by the Police Officer to facilitate the settlement of claim in such form and manner within three months and containing such particulars and has to be submitted to the Claims Tribunal or any such other agency as may be prescribed. Sec. 166 of the Amended Act still provides that an injured or the claimant of a deceased person may approach the Tribunal and file an application for compensation arising out of the accident of the nature specified in Sub-sec. (1) of Sec. 165. Learned counsel would further contend that Sec. 159 does not take away the right of the claimant to file a claim petition before the Motor Accident Claim Tribunal. Rather, Sec. 159 is in addition and a duty has been cast upon the police during investigation to prepare an accident information report to facilitate the settlement of an accident claim.