Disposal of accidental claims

In order to curb inordinate delays in disposal of the motor accident claim cases and to ensure initiation of process of claims at the earliest, Supreme Court has issued slew of directions for immediate registration of First Accident Report after a motor vehicle accident.

As noted by the top court, the role of Investigating Officer is important and he/she is required to comply with the provisions of Motor Vehicle Rules. The Chief Secretary/Director General of Police in each and every State/Union Territory have been directed to develop within three months a specialised unit in every police station or at town level to be manned by a trained police personnel.

After registering the FIR, the Investigating Officer has to submit the First Accident Report within 48 hours to the claims tribunal. This would have details of registration of the vehicle, driving licence, fitness of the vehicle, permit and other specifics.

The court also directed authorities to ensure the compliance of the provisions of the Motor Vehicle Amendment Act and the Rules.

The authorities have also been told to develop a joint web platform to reduce legal disputes. Lack of insurance literacy is a weak point for the majority of the customers. The fine print that is difficult to comprehend works to their disadvantage.

The authorities are duty bound to carry out the mandate in the time-bound manner and it can surely lead to better coordination for simpler and quicker disbursal of claims.

Not only helping victims, the focused police intervention can also allay insurance companies’ concerns of false evidence being planted. The police are required to act as facilitators for all the stakeholders including the victims, the claimants and the insurance providers. The General Insurance Council and insurance companies have been asked to follow the mandate of law and they should follow the same without any breach.

While death of a family member affects the victim’s family, physical disabilities caused by motor accident injuries to persons, particularly belonging to marginalised sections of the society will add to the severe discrimination they already face due to a lack of social capital, and a new disability more often than not compounds to such discrimination.

Also there is need for prioritizing road safety. The authorities need to act tough against violations which largely go unchecked such as overspeeding, left-side takeovers, and even wrong parking which at times prove fatal. There is also a need to carry out large-scale awareness regarding safety measures.

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