“4116-A. Duties of Investigating Police Officer in motor accident cases :- Notwithstanding anything contained to the contrary in any other rules in force, it shall be the _ duty of the Investigating Police Officer, as expeditiously as possible to- Z a) get the scene of accident photographed and in case of inability to do so, prepare a site plan so as to preserve the evidence in this regard, inter-alia- for Purposes of proceedings before the Claims Tribunal:
“3 b) gather full particulars of the insurance ceriificate/policy in respect of the motor vehicle we involved in the accident and verify the genuineness by obtaining confirmation -in writing from the authority purporting to have issued the same;
c) submit detailed. report regarding an accident to the Claim -T ribunal, in the prescribed Form by not later than thirty days of the receipt of notice, accompanied by the requisite documents which shall include copy of report under Section 173 of the Geode of Criminal: Procedure, 1973 (2 of 1974), medico legal certificate, post-mortem report (in. ‘ case of death), first information report, photographs, site plan, photocopiesof. documents 2 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JUNE 06,2019 mentioned in clause (b), report regarding conti rmation of genuineness thereof if received, OF etnenyise, action taken; ' “| i, . Z d):fumish to the apyleaiil information and particulars about the accident in prescribed form within thirty days, on receiving the application by the person who wishes to make an ‘ application for compensation and who is involved in an accident, or his next of kin, or the legal representative of the deceased, or the insurance company, as the case may be.
Provided that such information shall be given to the insurance ROEonly on payment of a fees of rupees ten only per page;.
(e) not to release and impound the vehicle involved i in the accident, when it is found thatit -is not covered by policy of insurance of third party risks-in the name of the registered owner, or when the registered owner fails to furnish copy of.such insurance policy, and bring this to the notice ‘ofthe Magistrate having Juriediction over the area, whéie the accident occurred; :
(f) report to.the Magistrate mentioned in clause (e), as 0 aii) the sieves owner has-not been prosecuted for offence punishable under Section 196 of the Act, where such.
prosecution has not been preferred, despite existence of facts constituting such an offence”.
Pc Duties of the Registering Authority : - It shall be the duty of the concerned Registering Authority to-
(a) submit a detailed hapiert in the prescribed Form to the Claims Tribunal regarding as:
motor vehicle involved in an accident or licence of the driver thereof within fifteen days of the receipt of direction from the Tribunal;
(b) furnish within fifteen days, the requisite information on receiving the application in the prescribed Form, by the person who wishes to make an application for compensation or who is involved in an accident arising out of his or his next of kin, or to the legal representative of the deceased or to thei insurance company, as the case may be.
Provided that information shall be given to the insurance company on payment of _Tupees ten.only, per page”.
“416-C. Duties of the insurance Company:- It shall be the duty of the Divisional Manager! .
. Branch ‘Manager / Manager of the insurance company, as expeditiously as possible, to-
(a) move an application in the prescribed Form before the investigating. police officer with prescribed fees and gather full information about the accident, at the earliest, after receiving information about it, or on receipt of notice from the Claims Tribunal;
(b) ascertain and verify facts about insurance of motor vehicle(s) involved in the accident and confirm the same to the Claims Tribunal within thirty Gays. of receiving notice of the claim case; .
‘( (c) move application before the concemed registering authority in the prescribed Form and gather information about the motor vehicle(s) involved, and the driving licence(s) held by ‘the driver(s) thereof;
(d) deposit with the written statement in the Claims Tribunal, the amount equivalent to the compensation, awardable on the principle of no fault liability under section 140 of the Act in such cases where the’ information received from -Investigating Officer and Registering Authority confirms death or permanent disability to have been caused as a result of the use of the motor vehicle covered by the insurance certificate/policy issued by it’.
“416-D. Prohibition against release of motor vehicle involved in accident :-
(1)'No court shall release a motor vehicle involved in an accident resulting in. death or.
bodily injury or damage to property, when ‘such vehicle is not covered by the policy of ADAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JUNE 06, 2019 3 insurance. against third party risks taken in the name of ragistered owner of when the registered owner fails to furnish copy of such insurance ‘policy despite demand_ by investigating police officer, 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. Mag ene eh (2) Where the motor vehicle is not covered by a policy of insurance against third ‘party risks, or when registered owner of the motor vehicle. fails to furnish copy of such policy in’ circumstances. mentioned in sub-rule (1), the motor vehicle shall be sold ‘off in public accident.