All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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23.

Suppose road accident occurs, then being an Advocate what is the correct way of approaching the situation ?

A: FIR> Petition > Summon to Insurance Company
B: Petition> FIR> Summon to Insurance Company
C: Summon to Insurance Company > Petition > FIR
D: FIR> Summon to Insurance Company > Petition

The answer is: A

Explanation

The correct option is A: FIR > Petition > Summon to Insurance Company.

This is the correct way of approaching the situation because:

- FIR: The first step is to file a First Information Report (FIR) with the nearest police station. This is important to establish the facts of the accident and the identity of the parties involved. The FIR should contain details such as the date, time, place, cause, and nature of the accident, the name and address of the driver, the owner, and the insurer of the vehicle, the name and address of the injured person or the deceased, and the name and address of any witnesses. The FIR should be filed as soon as possible after the accident, preferably within 24 hours.

- Petition: The next step is to file a petition for compensation with the Motor Accident Claims Tribunal (MACT) having jurisdiction over the area where the accident occurred or where the claimant or the respondent resides. The petition should be filed within six months from the date of the accident, unless there is sufficient reason for the delay. The petition should contain details such as the name and address of the claimant, the name and address of the respondent, the amount of compensation claimed, the grounds for the claim, the evidence in support of the claim, and the relief sought. The petition should also be accompanied by a copy of the FIR, the medical certificate or the post-mortem report, the proof of income or dependency, and any other relevant documents.

- Summon to Insurance Company: The final step is to summon the insurance company of the vehicle involved in the accident to appear before the MACT and contest the claim. The insurance company may either admit or deny its liability, or may raise various defenses such as the driver was not authorized, the vehicle was not insured, the accident was caused by the negligence of the claimant, etc. The MACT will then examine the evidence and arguments of both the parties and pass an award for compensation, which may be either full or partial, depending on the circumstances of the case. The award should be paid within 30 days from the date of its communication, failing which it will carry interest at the rate of 9% per annum.