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State of Rajasthan - Section

Section 5 in The Rajasthan State Road Transport Corporation Motor Vehicles Third Party Liability Insurance Fund Rules, 1967

5. Procedure in case of accidents etc.

(a)As soon as an accident takes place the driver of the vehicle or other official of the Corporation will lodge a report at the nearest Police Station where the details of accident shall be recorded by the Police in the prescribed Road Accident Report Form (Annexure I).
(b)The local officer of the Corporation will send a report in duplicate, in the form appended to those rules as Annexure II to the District Magistrate of the district in which the accident has occurred, and retain one copy of the report submitted to the District Magistrate in his own office for record and submit another copy to his Head office.
(c)The District Magistrate will depute a First Class Magistrate to make an enquiry into the accident and to draw the report recording all the facts connected with the accident. The Magistrate may seek the assistance of a representative of the Rajasthan State Road Transport Corporation and a Police officer not below the rank of a Sub-Inspector incharge of a Police Station.
(d)The Magistrate shall give his findings as to whether the Corporation (Rajasthan State Road Transport Corporation) is liable to pay any compensation or not and if he is satisfied that such liability is established then the amount of compensation is also to be mentioned. His report shall also state the amount claimed by the party involved in the accident, and compensation for injury, loss or damage to property will be recommended only on production of satisfactory proof of the accident and value of the loss or damage. The Magistrate shall also state as to whether the driver of the vehicle is to be held responsible for the accident and if so, to what extent, the driver has been guilty for negligence, rashness, dereliction of duty or drunkenness etc.
(e)In making the enquiry, the Magistrate deputed by the District Magistrate shall allow the aggrieved party to represent his case at the time of the enquiry.
(f)It is essence that all the enquiries in this behalf shall be completed as expeditiously as possible.
(g)On receipt of the Magistrate's report the District Magistrate will forward it, with his comments, to the General Manager, Rajasthan State Road Transport Corporation and shall retain one copy of this report in the District officer for record.