Page No.# 1/5 GAHC010060492024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) CRP(IO)/40/2025 ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT SHRI SIDDHI VINAYAK GANAPATI MANDIR ICICI LOMBARD HOUSE 414 P. BALU MARG SVS ROAD PRABHADEVI MUMBAI-400025 ITS ZONAL OFFICE AT 7TH FLOOR APEEJAY HOUSE 15 PARK STREET KOLKATA-70016 AND ITS BRANCH OFFICE AT 3RD FLOOR KAMAKHYA TOWER G.S. ROAD. CHRISTIAN BASTI GUWAHATI-5 REPRESENTED BY THE LEGAL MANAGER VERSUS MUHIT SINHA @ MOHID SINHA @ MUHIT SINGHA AND ANR SON OF LAKHI KANTA SINHA @ LAKHI KANTA SINGHA R/O VILLAGE- BEHARA PART-IV (MOHANPUR) P.O- BEHARA PART-IV P.S- KALAIN DISTRICT- CACHAR ASSAM PIN-788817 2:RAMJAN KHAN S/O LATE SALIM KHAN R/O ITKHOLA Page No.# 2/5 SILCHAR P.O.-SILCHAR P.S.-SILCHAR DIST- CACHAR ASSAM PIN-788002 ------------ Advocate for the petitioner(s): Mr. T Kalita Mr. G Uddin Advocate for the respondent(s): Mr. D Nath, Senior Govt. Advocate Mr. M Talukdar For respondent No.1 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 03.06.2025 Heard Mr. T Kalita, the learned counsel appearing on behalf of the petitioner. Mr. D Nath, the learned Senior Government Advocate, Assam. Mr. M Talukdar, the learned counsel appears on behalf of the respondent No.1. 2. Pursuant to the order passed by this Court on 13.05.2025, Mr. D Nath, the learned Senior Government Advocate has informed this Court that the Superintendent of Police, Cachar, Silchar had submitted the First Accident Report (FAR), Interim Accident Report (IAR) and Detailed Accident Report (DAR) in respect of Silchar Police Station Case No.901/2023 before the learned Motor Accident Claims Tribunal, Silchar. Page No.# 3/5 3. It is relevant to take note of that the present proceedings arises out of an order dated 04.07.2023 passed in Misc.Case No.22/2023 whereby the learned Tribunal condoned the delay of 21 days in filing the claim proceedings. It was the specific case of the petitioner that in view of Section 166(3) of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) the claim proceedings in respect to accidents occurring after 01.04.2022 cannot be adjudicated if filed beyond the period of 6(six) months from the date of the accident. 4. Now taking into account that the First Accident Report (FAR), Interim Accident Report (IAR) and Detailed Accident Report (DAR) had already been submitted in respect to Silchar Police Station Case No.901/2023 before the learned Tribunal, this Court, therefore, directs the learned Member, MACT, Silchar within 10(ten) days from the date of receipt of the present order to take steps in terms with Clause 21 of Annexure-XIII to the Central Motor Vehicles Rules, 1989 as amended by Central Motor Vehicles (Fifth Amendment) Rules 2022. For the sake of convenience Clause 21 is reproduced hereinunder: “21. Claims Tribunal shall treat DAR as a claim petition for compensation under subsection (4) of Section 166 of the Motor Vehicles Act, 1988 (1) The Claims Tribunal shall treat the DAR filed by the Investigating Officer as a claim petition under Sub-Section (4) of Section 166 of the Motor Vehicles Act, 1988. However, where the Investigating Officer is unable to produce the claimant(s) on the first date of hearing, the Claims Tribunal shall register the DAR as a claim petition after the appearance of the claimant(s). (2) Where the claimant(s) have filed a separate claim petition, the Page No.# 4/5 DAR may be tagged along with the claim petition. (3) If the Report under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974) has not been filed at the time of filing of the DAR, the Claims Tribunal may either wait till filing of the Report under Section 173 of the said Code of Criminal Procedure or record the statement of the eye witness(es) to satisfy itself with respect to the negligence before passing the award. (4) The Claims Tribunal shall register the FAR as a Miscellaneous application and the IAR as well as DAR shall be taken on record in the same Miscellaneous application.” 5. This Court further directs the learned Member, Motor Accident Claims Tribunal, Silchar to treat the DAR as a claim petition under sub-section (4) of Section 166 of the Act of 1988. 6. The MAC Case No.294/2023 be tagged along with the said DAR and on the basis thereof, shall proceed with the disposal of the said claim proceedings in accordance with law. 7. This Court further directs the learned Tribunal to pass appropriate directions upon the Officer-in-Charge, Silchar Police Station to submit the charge-sheet in respect of Silchar Police Station Case No.901/2023, if not yet submitted. 8. The stay order passed by this Court on 19.02.2025 in respect to MAC Case No.294/2023 stands vacated and the petitioner, who is the Insurance Company and the Respondent No.1, who is the claimant shall appear before the learned Tribunal on 25.06.2025. The learned Tribunal shall intimate the opposite party No.2 in the Claim Proceedings and proceed with the disposal of the claim Page No.# 5/5 proceedings. 9. It is further observed that upon appearance of the petitioner, who is the Insurance Company, a copy of the Detailed Accident Report (DAR) be furnished to the petitioner Insurance Company so that the obligations cast in Annexure- XIII upon the Insurance Company can be carried out by the petitioner Insurance Company. 10. A copy of this order be forthwith transmitted by the Registry to the learned Tribunal for necessary compliance. 11. With the above, the instant revision petition stands disposed of. JUDGE Comparing Assistant