General Insurance Council vs State of Andhra Pradesh Case
General Insurance Council vs State of Andhra Pradesh - Supreme Court Case Summary of Leading Case -
On 9th July, 2007, a two Judges Bench in General Insurance Council & Ors vs State of Andhra Pradesh & Ors [Writ Petition (Civil) No.282 of 2007] examined Section 158(6) of the Motor Vehicles Act, 1988 which mandates the police officer to forward a copy of the report to the Claims Tribunal having jurisdiction and to the concerned insurance company “as soon as any information regarding any accident involving death or bodily injury is recorded or a report under Section 158 is completed by the police officer.” The Bench held that the “expression ‘as soon as’ in Section 158(6) implies “that there has to be promptitude in action.”
The Bench further held that “since there is a mandatory requirement to act in the manner provided in Section 158(6), there is no justifiable reason as to why the requirement is not being followed.” Accordingly the Bench directed “that all the State Governments and the Union Territories shall instruct, if not already done, all concerned police officers about the need to comply with the requirement of Section 158(6)”.
“Periodical checking shall be done by the Inspector General of Police concerned to ensure that the requirements are being complied with. In case there is non-compliance, appropriate action shall be taken against the erring officials. The Department of Transport and Highway shall make periodical verification to ensure that action is being taken and in case of any deviation immediately bring the same to the notice of the concerned State Government/Union Territories so that necessary action can be taken against the concerned officials”, the Bench said.