Section 215B in The Punjab Motor Vehicles Rules, 1989
215B. Investigation of Motor Accident Claims.
- Notwithstanding anything contained to the contrary in any other Rules in force, the motor accident claims shall be investigated by the police in the following manner-(1)On receipt of the information about a motor accident, the Investigating Officer shall visit the site of accident, make inspection of the site, take photographs of the site from all angles, prepare a site plan drawn to a scale, to indicate the lay-out of the road or place, as the case may be, the Section 176, position of vehicle or person as the case may be, such other facts, as may be relevant and shall also examine the eye-witnesses in order to preserve complete evidence with regard to the accident.(2)The Investigating Officer shall collect complete patticulars and documents:-(i)date, time and place of the accident;(ii)particulars of the persons injured or deceased in the accident;(iii)name and address of the driver of the offending vehicle:(iv)driving license of the driver of the offending vehicle;(v)names and address of the owner of the offending vehicle;(vi)certificate of registration of the offending vehicle;(vii)insurance policy or in the alternative cover note or certificate of insurance of the offending vehicle;(viii)fitness certificate and the permit (in the case of a commercial vehicle);(ix)names and addresses of the witnesses of the accident;(x)circumstances of the occurrence of the accident:(xi)in case of death of the victim:(a)proof of age of the deceased;(b)death certificate;(c)post-mortem report;(d)proof of income of the deceased;(e)details of the dependents, (i.e. their age, occupation and marital status); and(f)exPenditure on treatment; and(xii)in case of an injury to the victim:(a)Medico legal Certificate;(b)proof of age of the injured;(c)proof of income of the injured;(d)nature of injuries suffered by such victim;(e)treatment taken by the injured (including the discharge summary);(f)disability certificate ( if issued by a Government Hospital);(g)expenditure on treatment, conveyance, special diet or ln attendant etc; and(h)proof of absence from work (on the basis of which loss of income on account of injury is being assessed or claimed) stich as certificate from the employer and extracts from the attendance register or log record or like records.(3)The Investigating Officer shall verify the authenticity of the documents mentioned in Part - II of FORM P.M.A.C.T.A (D) by obtaining confirmation in writing from the office or authority or person purporting to have issued the same or by such further investigation or verification, as may be necessary, for arriving at a conclusion of authenticity of the documents in question (including but not limited to verifying the license of the driver and permit of the vehicle, where applicable), from the registering authority:(4)The registering authority shall verify the registration certificate, driving licence, fitness and permit in respect of the offending vehicle within a period of fifteen days of the application being made by the Investigating Officer. The concerned hospitals shall issue the Medico legal Certificate and Post-Mortem Report to the Investigating Officer within a period of fifteen days of the accident.(5)The Investigating officer shall complete the process of, collection of the aforesaid documents specified in sub-rules (3) and (4)and their date of verification and shall complete the investigation of the criminal case within a period of thirty days of the date of accident. The Investigating Officer shall file the Accident Information Report in FORM P.M.A.C.T.A(D) before the Claims Tribunal within a period of Thirty days of the date of accident. The Accident Information Report shall be accompanied by requisite documents (which shall include a copy of the report under section 173 of the Code of criminal Procedure, 1973, First Information Report with the police, Medico legal Certificate, Post-Mortem Report (in case of death), photographs, site plan, mechanical inspection report, seizure memos and documents mentioned in Part-II of FORM P.M.A.C.T.A (D) and also a report regarding confirmation of authenticity thereof, if received or otherwise action taken' Copy of the Accident Information Report, shall simultaneously be sent to the Insurance Company, victim or their claimant of the accident and owner or driver of the offending vehicle.(6)Upon receipt of copy of Accident Information Report, the Insurance Company shalt appoint a Designated Officer within a period of ten days. The Designated Officer shall be responsible for dealing or processing of the case and to pass a reasoned decision in writing about the amount payable in accordance with law within a period of twenty days from the date of his appointment.(7)Where the Investigating Officer is unable to complete the investigation of the case within a period of thirty days for reasons beyond his control, such as cases of hit and run accidents, cases where the parties reside outside the jurisdiction of the court, where the driving licence is issued outside the jurisdiction of the court, or where the victim has suffered grievous injuries and is under going treatment, the Investigating Officer shall approach the Claims Tribunal, for extension of time whereupon the Claims Tribunal shall suitably extend the time in view of the facts of each case.(8)If the offending vehicle is found to be un-insured, the Investigating Officer, shall prosecute the owner and driver of the offending vehicle under section 196 of the Act.(9)If the driving licence of the driver is found to be fake, the investigating Officer shall prosecute the driver or such other persons involved in forging or issuance of a fake driving licence.(10)The Investigating Officer, shall produce the driver, owner, claimant and eye-witnesses before the Claims Tribunal along with the Accident Information Report. However, if the police is unable to produce the owner, driver, clamant and eye-witnesses before the Claims Tribunal on the first date of hearing for reasons beyond its control, the Claims Tribunal, shall issue notice to them to be served through the Investigating Officer for a date for appearance not later than thirty days time. The Investigating Officer, shall give an advance notice to the concerned Insurance Company about the date of filing of the Accident Information Report before the Claims Tribunal so that the nominated counsel for the Insurance Company could remain present on the date of hearing before the Claims Tribunal.(11)The Claims Tribunal, shall examine whether the Accident Information Report, is complete in all respects, and shall pass an appropriate order in his regard. If the Accident Information Report is not complete, the Claims Tribunal shall direct the Investigating Officer to complete the said report and shall fix a date for the its completion.(12)The claims Tribunal, shall treat the Accident Information Report filed by the Investigating Officer, as a claim petition under section i 66(4) of the Act. However, where the police is unable to produce the claimants on the first date of hearing, the Claims Tribunal shall initially register the Accident Information Report as a miscellaneous application, which shall be registered, as a claim petition after the appearance of the claimants.(13)The Claims Tribunal, shall grant thirty day's time to the Insurance company to examine the Accident Information Report and to take a decision as to the quantum of compensation payable to the claimants in accordance with law. The decision shall be taken by the Designated Officer of the Insurance Company in writing and it shall be a reasoned decision. The Designated Officer of the Insurance company shall place the written reasoned decision before the Claims Tribunal within a period of as specified in sub-rule (6) from the date of receipt of the copy of Accident Information Report from the Investigating Officer.(14)The compensation assessed by the Designated officer of the Insurance company, shall constitute a legal offer to the claimants and if the said amount is fair and acceptable to the claimants, the Claims Tribunal. shall pass a consent award and shall give thirty day's time to the Insurance Company to make the payment of the amount so awarded. However, before passing the consent award, the Claims Tribunal, shall ensure that the claimants are awarded just compensation in accordance with law. The Claims Tribunal shall also pass an order with respect to the shares of the claimants and the mode of disbursement.(15)If the claimants are not in a position to immediately respond to the offer of the Insurance Company, the Claims Tribunal, shall grant them time not later than thirty days, to respond to the said offer.(16)If the offer of the Insurance Company is not fair and acceptable to the claimants or if the insurance Company has any defence available to it under law, the claims Tribunal shall proceed to conduct an inquiry under sections 168 and 169 of the Act, and shall pass an award within a period of thirty days thereafter.(17)If the offending vehicle is not covered by the policy of insurance against third parry risks or the driver was not holding a valid driving licence or if the registered owner fails to furnish copy of the insurance policy or the driving licence of the driver, the motor vehicle involved in an accident resulting bodily injury or damage to property, shall not be released, unless and until the registered owner, furnishes sufficient security to the satisfaction of the court, to pay compensation that may be awarded in a claim case arising out of such accident. On the expiry of three months of the vehicle being taken in possession by the Investigating officer such motor vehicle shall be sold off in public auction by the Magistrate, having jurisdiction over the area where accident occurred, and proceeds thereof, shall be deposited with the Claims Tribunal having jurisdiction over the area in question, within fifteen days for purpose of satisfying the compensation that may have been awarded or may be awarded in a claim case arising out of such accident.Provided there the vehicle involved in an accident is having issuance certificate and the driver of the said vehicle having a valid driving license then the Investigation Officer, shall release the vehicle on superdari at his own level.(18)Any breach in duty by the police personnel shall be dealt with as provided in sub-rule (2) of rule 215-A.
