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IN THE HIGH COURT OF DELHI AT NEW DELHI
FAO 842/2003
RAJESH TYAGI and ORS. ..... Appellant
Through:
versus
JAIBIR SINGH and ORS. ..... Respondents
Through: Mr. Sanjay Jain, ASG with Mr. Kirtiman Singh, CGSC and Mr.
Prerna Shah Dev and Mr. Waize Ali Noor, Ms. Astha Jain, Ms. Prerna Shah
Deo and Mr. Rahul Jain, Advocates for UOI
Mr. Anup. J. Bhambhani, Senior Advocate as Amicus Curiae with
Mr. SiddharthYadav, Advocate
Mr. Sidharth Luthra, Senior Advocate as Amicus Curiae with
Mr. Satyam Thareja, Advocate, in CRL.REV.P.No.338/2009
Mr. Saleem Ahmed, learned Standing Counsel for Delhi Police
with Mr. Varun Goswami, APP for the State
Mr. Jayant Sud, Advocate
AND
MAC. APP. 422/2009
SOBAT SINGH ..... Appellant
Through: Ms. Sandhya Singh proxy for Mr. Kishan Nautiyal,
Advocate
versus
RAMESH CHANDRA GUPTA and ANR. ..... Respondents
Through: Mr. Sanjay Jain, ASG with Mr. Kirtiman Singh, CGSC and Mr. Prerna Shah Dev and Mr. Waize Ali Noor, Ms. Astha Jain, Ms. Prerna Shah
Deo and Mr. Rahul Jain, Advocates for UOI
Mr. Sidharth Luthra, Senior Advocate as Amicus Curiae with
Mr. Satyam Thareja, Advocate in CRL.REV.P.No.338/2009
Mr. O.P. Mainee, Advocate as Amicus Curiae.
Mr. Kanwal Chaudhary, Advocate for New India Assurance Co.
Ltd.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
O R D E R
12.12.2014
1. Mr. Sidharth Luthra and Mr. Anup J. Bhambhani, learned amici curiae
submit that they had convened a meeting yesterday in terms of the order
dated 8th December, 2014 which was attended by Mr. Kirtiman Singh,
learned Standing Counsel for the Ministry of Road Transport and Highways,
Mr. Saleem Ahmed, learned Standing Counsel for Delhi Police, Mr. Anil
Shukla, Joint Commissioner of Police (Traffic) and Mr. Jayant Sud,
Advocate. It is submitted that Delhi Police has shown their concern with
respect to paras 24, 28, 36, 46, 48, 49, 56(s), 56(t), 92, 101(f), 101(g)
and 101(h) and 102(i) of the Detailed Accident Report (DAR). The learned
amici curiae have handed over the minutes of the meeting held on 11th
December, 2014, which are taken on record.
2. Mr. Sidharth Luthra, learned amicus curiae, has handed over a letter
dated 11th December, 2014 of Mr. Anil Shukla, Joint Commissioner of
Police (Traffic) containing the response of Delhi Police to the Detailed
Accident Report (DAR). It is submitted that the Investigating Officer
may find it difficult to collect the particulars of the bank account of
the driver (para 24); to ascertain whether the vehicle has been taken
away by the driver with/without the consent of the owner (para 28); to
ascertain whether driver was employed on monthly or daily basis (para
36); to ascertain whether the driver/owner made payment of any
compensation to the victim [para 41(b)]; to ascertain name and
particulars of the Designated Officer of the insurance company (para 46);
to ascertain the date of appointment of the Designated Officer (para 48);
to ascertain bank account particulars of the insurance company (para 49);
to ascertain whether the injured got reimbursement of medical expenses
from his employer or under a mediclaim policy [para 56(s)]; to ascertain
whether the injured was provided cashless treatment by the insurance
company [para 56(t)]; to ascertain proof of employment of the driver
(para 92); to ascertain proof of legal representatives of the deceased
[para 101(f)]; to collect photograph, specimen signature and identity
proof of legal representatives of the deceased [para 101(g)]; to collect particulars of the bank account of the legal representatives of deceased
[para 101(h)] and to collect proof of reimbursement of the medical
expenses of the victim by the employer or under a mediclaim policy [para
102(i)].
3. This Court is of the view that the concern of the Joint Commissioner
of Police has been taken care of in paras 77 to 82 of Part X and paras
103 to 108 of part XI of the Detailed Accident Report (DAR). The
Investigating Officer has to demand the information mentioned in paras
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 41(b) of Part III
and the documents mentioned in paras 91, 92, 93, 94, 95, 96, 97 of Part
XI of DAR from the driver of the offending vehicle and in the event of
his failure to furnish the same, the Investigating Officer shall mention
the same in para 77 of the DAR to seek direction from the Claims Tribunal
to the driver to furnish the same directly to the Claims Tribunal.
Similarly, information mentioned in paras 34, 35, 36, 38, 40 and 41(b) of
Part IV of the DAR and the documents mentioned in paras 92, 93, 94, 95,
96 and 97 of Part XI of DAR have to be produced by the owner of the
offending vehicle and upon his failure, the Investigating Officer shall
mention the same in para 78 of the DAR to seek direction to the owner to
furnish the same on affidavit along with the documents directly to the
Claims Tribunal . Similarly, the information in paras 46, 47, 48, 49 of
Part V of the DAR has to be furnished by the concerned Insurance Company
and in the event of their failure, the Investigating Officer shall
mention the same in para 79 of the Detailed Accident Report (DAR) to seek
direction to the Insurance Company to furnish the requisite information
on affidavit along with or documents directly to the Claims Tribunal.
Likewise, the information with respect to para(s) 55 and 56 of Part VII
and the documents mentioned in para(s) 101 and 102 of Part XI of the DAR
has to be furnished by the legal representatives of the deceased and in
the event of their failure to disclose the same, the Investigating
Officer shall mention the same in para 80 of the Detailed Accident Report
(DAR) to seek direction to the legal representatives of the deceased to
furnish the same on affidavit along with original documents directly to
the Claims Tribunal.
4. Mr. Sidharth Luthra, learned amicus curiae submits the following
clauses be incorporated in the Mechanical Inspection Report (Annexure-A
to the Detailed Accident Report):
(i) Make, Model Name, Colour and Type of Vehicle
(ii) In case of HTV/MGV/LGV
(a) Whether Lateral Under Run Protective Device (LUPD) and Rear Under Run
Protective Device (RUPD) installed? (For vehicle weighing 3.5 ton or
more)
(b) Whether speed governor installed and functional or otherwise?
(iii) Whether vehicle modified by ?
(a) Installing CNG/LPG Kit
(b) Change of vehicle body
(iv) Condition of tyres ? whether original or retreaded?
(v) Whether horn was installed and functional?
(vi) If the vehicle was educational institution bus, whether the vehicle
was fitted with the doors that can be shut and whether the vehicle had a
suitable inscription to indicate that they are in the duty of an
educational institute, as per the guidelines laid down in MC Mehta v.
Union of India, (1998) 1 SCC 676 and MC Mehta v. Union of India (1999) 1
SCC 413?
5. The aforesaid suggestions are useful and are being incorporated in the
Mechanical Inspection Report Form attached to the Detailed Accident
Report (DAR).
6. Mr. Jayant Sud, Advocate, for the accused in Criminal Revision
Petition No.338/2009 submits that it should be clarified that the
particulars filled up in para 73 (driving aggressively) and para 74
(irresponsible behaviour) of the Detailed Accident Report is the opinion
of the investigating officer on the basis of the investigation and should
not be construed as an admission of the accused.
7. Under Section 168 of the Motor Vehicles Act, 1988, the Claims
Tribunal has to hold an inquiry into the claim. Section 169(1) further
stipulates that in holding such an inquiry under Section 168, the Claims
Tribunal may follow such summary procedure as it thinks fit. The scope
of an inquiry under Sections 168 and 169 of the Motor Vehicle Act has been
discussed in Mayur Arora v. Amit, 2011(1) TAC 878. It is clarified that
the Claims Tribunal Agreed Procedure is a summary procedure for
conducting an inquiry in terms of Sections 168 and 169 of the Motor
Vehicles Act, 1988. It is further clarified that the Investigating
Officer has to fill up the Detailed Accident Report on the basis of
investigation and the Detailed Accident Report is not to be construed as
an admission/confession of the accused.
8. Mr. Anup J. Bhambhani, learned amici curiae has also handed over a
note containing suggestions for being incorporated in the Road Transport
and Safety Bill, 2014 from the book ?Road Accidents: Prevention,
Attention and Compensation? by Mr. Arun Mohan, Senior Advocate. The
copy of the said note has been handed over to Mr. Sanjay Jain, learned
ASG, who shall take up the same with the Ministry of Road Transport and
Highways.
9. Learned Standing Counsel for the Delhi Police submits that the
modified Claims Tribunal Agreed Tribunal be implemented with effect from
1st February, 2015 to enable the police to amend their Standing Order and
Manual for investigation of motor accident cases and to give necessary
training to the Investigation Officers.
10. Mr. Sidharth Luthra and Mr. Anup. J. Bhambhani, learned amici curiae
submit that the Claims Tribunal Agreed Procedure be modified initially
for a period of six months but the implementation thereof be reviewed
after a period of three months.
11. On careful consideration of the submissions of learned ASG, learned amici curiae and learned Standing Counsel for Delhi Police, the Claims
Tribunal Agreed Procedure formulated by the this Court vide order dated
21st December, 2009 is hereby modified. The modified Claims Tribunal
Agreed Procedure is appended to this order and shall form part of this
order.
12. This Court is hopeful that the modified Claims Tribunal Agreed
Procedure appended to this order shall streamline the inquiry
contemplated in Sections 168 and 169 of the Motor Vehicles Act and the
claimants would get the compensation within 90 to 120 days of the
accident. The salient features of the modifications carried out in the
Claims Tribunal Agreed Procedure are as under: -
(i) Format of the intimation of the accident by the Investigating Officer
(Clause 2)
The intimation of the accident by the Investigating Officer to the Claims
Tribunal and Insurance Company within 48 hours of the accident has to be
in Form-I of the modified Claims Tribunal Agreed Procedure.
(ii) List of documents to be collected by the Investigating Officer
(Clause 3)
The list of documents to be collected by the Investigating Officer is
given in Clause 3.
(iii) Format of the Details Accident Report (DAR) to be filed by the
Investigating Officer
The Details Accident Report (DAR) to be filed by the Investigating
Officer within 30 days of the accident shall be in Form-II of the
modified Claims Tribunal Agreed Procedure
(iv) Duty of the Investigating Officer to seek directions from the Court
in the event of failure of driver/owner/claimant/ Insurance Company to
disclose relevant information and produce documents before the
Investigating Officer
In the event of failure of the driver, owner, insurance company and/or
claimants to disclose relevant information and documents required by the
Investigating Officer to complete the Detailed Accident Report (DAR), the
Investigating Officer shall seek necessary directions from the Claims
Tribunal in Part X of Form-II of DAR, whereupon the Claims Tribunal shall
direct the parties in default to disclose the relevant information and
produce relevant documents on affidavit within 15 days.
(v) Duty of the Insurance Company to get DAR verified by their
surveyor/investigator (Clause 20)
The Insurance Company shall get the statements made in the DAR and the
documents filed along with it verified through their
surveyor/investigator within a period of 20 days of the receipt of copy
of the DAR and shall submit the report before the Claims Tribunal.
(vi) Format of the Report of the Designated Officer of the Insurance
Company (Clause 21)
The Report of the Designated Officer of the Insurance Company shall be in Form-III of the modified Claims Tribunal Agreed Procedure.
(vii) Duty of Claims Tribunal to elicit the truth (Clause 24)
Before passing the award on the basis of the Detailed Accident Report
(DAR), the Claims Tribunal shall satisfy itself that the statement made
in the DAR are true. The Claims Tribunal may also consider examining the
parties under Section 165 of the Evidence Act.
(viii) Duty of the Claims Tribunal to examine the claimants before
passing the award (Clause 26)
The Claims Tribunal shall examine the claimants before passing the award
to ascertain their financial condition, proof of residence, details of
bank account and take two sets of photographs and specimen signatures.
(ix) Deposit of the award amount (Clause 27)
In the award, the Claims Tribunal shall specify the manner of deposit of
the award amount along with interest.
(x) Protection of the award amount (Clause 28)
The Claims Tribunal shall pass an appropriate order for protection of the
award amount depending upon the financial status and needs of the
claimants.
(xi) Claims Tribunal shall deal with the compliance of the provisions in
the award (Clause 29)
The Claims Tribunal shall deal with the compliance of the provisions of
the modified Claims Tribunal Agreed Procedure in the award. The format
of the checklist of the issues required to be dealt with by the Claims
Tribunal are given in Form-IV.
(xii) Claims Tribunal shall fix a date for reporting compliance (Clause
30)
The Claims Tribunal shall fix a date for reporting compliance of the
award.
(xiii) Copy of the Detailed Accident Report as well as the award to be
sent to the concerned Magistrate (Clause 31)
The Investigating officer shall furnish the copy of the DAR as well as
the award before the concerned Magistrate. The Claims Tribunal shall also
send the copy of the award to the Claims Tribunal.
(xiv) Format of the record of awards of the Claims Tribunal (Clause 33)
The record of the award passed by the Claims Tribunal shall be maintained
in Form-V.
13. The modified Claims Tribunal Agreed Procedure shall be implemented
with effect from 1st February, 2015 initially for a period of six months. However, the working of the modified Claims Tribunal Agreed Procedure
shall be reviewed after the expiry of three months (1st February, 2015 to
30th April, 2015).
14. Delhi Police shall submit their response as to the working of the
modified Claims Tribunal Agreed Procedure along with their
comments/suggestions for the period of first three months (1st February,
2015 to 30th April, 2015) by 10th May, 2015. Delhi Police shall take into
consideration advancement in technology and endeavour to implement the
suggestions contained in paras 5.17 and 5.18.1 to 5.18.4 of the order
dated 27th November, 2014. Delhi police shall amend their Standing Order
and the Manual for investigation of motor accident cases by 10th January,
2015. Delhi Police shall also impart training to the Investigating
Officers for investigation of motor accident cases.
15. Mr. Sanjay Jain, learned ASG submits that the Ministry of Road
Transport and Highway is deliberating upon the suggestions given by this
Court. Ministry of Road Transport and Highways shall consider the
modified Claims Tribunal Agreed Procedure along with the suggestions
given by this Court vide order dated 7th November, 2014. Let the
Ministry of Road Transport and Highways submit their response/comments to
the modified Claims Tribunal Agreed Procedure by 10th May, 2015.
16. Liberty is given to the Insurance Companies to submit their
response/suggestions on the modified Claims Tribunal Agreed Procedure
before this Court. Mr. Kanwal Chaudhary, Advocate, shall circulate the
copy of this modified Claims Tribunal Agreed Procedure to all the
Insurance Companies.
17. The Claims Tribunals shall submit their response as to the working of
the modified Claims Tribunal Agreed Procedure along with their
suggestions by 10th May, 2015. The Claims Tribunals shall furnish the
data of cases for the period of 1st February, 2015 to 30th April, 2015 in
a tabular form containing the particulars of date of accident, date of
filing of Detailed Accident Report by the Investigating Officer, date of
report of Designated officer of the Insurance Company, date of award and
date for compliance of the award. Copy of this order along with the
modified Claims Tribunal Agreed Procedure be sent to all the District and
Sessions Judges who shall circulate the same to all the Motor Accident
Claims Tribunals.
18. The Delhi Legal Services Authority has been given the responsibility
in Clause 11 and Clause 32 of the modified Claims Tribunal Agreed
Procedure. The Delhi Legal Services Authority shall also submit their
response/suggestions to the modified Claims Tribunal Agreed Procedure by
10th May, 2015. Copy of this order along with the modified Claims
Tribunal Agreed Procedure be sent to Delhi legal Services Authority.
19. Copy of this order along with the modified Claims Tribunal Agreed
Procedure be also sent to the Principal Secretary (Law), Government of
NCT of Delhi for issuing appropriate instructions to all the hospitals
and registration authorities under Government of NCT of Delhi for
compliance of Clause 5 and Clause 6 of the modified Claims Tribunal
Agreed Procedure relating to the duties of the registration authorities
and hospitals.
20. Copy of this order be also sent to Delhi Judicial Academy for sensitizing the judicial officers for implementation of the modified
Claims Tribunal Agreed Procedure.
21. List for considering the response and suggestions of the Claim
Tribunals, Delhi Police, Insurance Companies and Ministry of Road
Transport and Highways as well as learned amici curiae on 22nd May, 2015.
22. In the order dated 7th November, 2014, FAO no. 842/2003 has been
mentioned as FAO no. 842/2009 and in the footer as FAO 42/2003 which is
hereby corrected. FAO 842/2009 and 42/2003 in order dated 7th December,
2014 be read as FAO 842/2003. Let the correction be carried out in the
order loaded on website of this Court.
23. This Court appreciates the assistance rendered by Mr. Sanjay Jain,
learned ASG, learned amici curiae, Mr. Sidharth Luthra and Mr. Anup J.
Bhambhani, Mr. Kirtiman Singh, learned Standing Counsel for Union of
India, Mr. Saleem Ahmed for Delhi Police, Mr. Jayant Sud and Mr. Kanwal
Chaudhary, Advocate to streamline the Claims Tribunal Agreed Procedure.
24. Copy of this order be given dasti to the Standing Counsel of Union of
India, learned Standing Counsel for Delhi police, learned amici curiae as
well as Mr. Kanwal Chaudhary, Advocate under the signature of the Court
Master.
J.R. MIDHA, J
DECEMBER 12, 2014
rsk
MODIFIED CLAIMS TRIBUNAL AGREED PROCEDURE
[as approved by Delhi High Court]
1. Investigation of road accident cases by the police
Immediately on receipt of the information of a road accident, the
Investigating Officer of Police shall inspect the site of accident, take
photographs of the site of the accident from all angles and prepare a
site plan, drawn to scale, as to indicate the lay-out and width, etc., of
the road(s) or place, as the case may be, the position of vehicle(s), and person(s) involved, and such other facts as may be relevant so as to
preserve the evidence in this regard. The Investigating Officer shall
conduct spot enquiry by examining the eye-witnesses/bystanders.
2. Intimation of accident to the Claims Tribunal and Insurance Company
within 48 hours
The Investigating Officer shall intimate the accident to the Claims
Tribunal within 48 hours of the accident. If the particulars of
insurance are available, the intimation of the accident shall also be
given to the concerned Insurance Company of the offending vehicle. The
particulars of the accident shall also be uploaded on the website of
Delhi Police. The intimation of the Investigating Officer shall be in
Form I.
3. Documents to be collected by the Investigating Officer
The Investigating Officer of police shall collect the relevant
evidence relating the accident as well as the computation of
compensation. The list of documents to be collected by the Investigating
Officer is as under:
(i) First Information Report
(ii) Site plan
(iii) Photographs of the scene of accident from all angles.
(iv) Photographs of all the vehicles involved in the accident from all
angles
(v) Photograph and specimen signature of the driver(s) of the offending
vehicle(s)
(vi) Photograph and specimen signature of the owner(s) of the offending
vehicle
(vii) Mechanical Inspection Report in terms of Annexure A
(viii) Driving license of the driver
(ix) Proof of employment of driver such as appointment letter, salary
slips, duty register etc.
(x) Registration certificate of the offending vehicle(s)
(xi) In case of transfer of vehicle, sale documents, possession letter or
any other document relating to transfer, if any
(xii) Insurance Policy of the offending vehicle(s)
(xiii) Permit (for commercial vehicle)
(xiv) Fitness Certificate (for commercial vehicle)
(xv) Report under Section 173 Cr.P.C.
(xvi) Statements of the witnesses recorded by the police
(xvii) Scientific report, if the driver was under the influence of
liquor/drugs
(xviii) In case of Death:
(a) Post Mortem Report
(b) Death certificate
(c) Photograph and proof of the identity of the dead
(d) Proof of age of the deceased which may be in form of :
Birth certificate
School certificate
Certificate from gram panchayat (in case of illiterate)
(e) Proof of Occupation and income of the deceased which may be in form
of:
Pay slip/salary certificate for salaried employees.
Bank statements of the last six months.
Income Tax Returns
Balance Sheets
(f) Proof of the legal representatives of the deceased
Names
Age
Address
Relationship
(g) Photographs, specimen signatures attested by the bank and identity
proof of the legal representatives of the deceased
(h) Bank Account no. of the legal representatives of the deceased with
name and address of the bank
(i) Treatment record, medical bills and other expenditure
(xix) In case of Injury:
(a) MLC
(b) Multi angle photographs of the injured
(c) Photographs, specimen signatures attested by the bank and identity
proof of the injured
(d) Proof of age of the injured which may be in form of :
Birth certificate
School certificate
Certificate from Gram Panchayat (in case of illiterate)
(e) Proof of occupational income of the injured at the time of the
accident which may be in form of:
Pay slip/salary certificate for salaried employees.
Bank statements of the last six months of the deceased.
Income Tax Returns
Balance Sheets
(f) Treatment record, medical bills and other expenditure ? In case of
long term treatment, the SHO/IO shall also record the details so that the
claimant may furnish documents before the Claims Tribunal.
(g) Disability certificate
(h) Proof of absence from work where loss of income on account of injury
is being claimed, which may be in the form of:
Certificate from the employer
Extracts from the attendance register
(i) Proof of reimbursement of medical expenses by employer or under a
Mediclaim policy, if taken
(xx) Any other relevant document(s)
4. Verification of the documents by the Investigating Officer
The Investigating Officer shall verify the authenticity of the documents
mentioned above 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, permit and fitness of
the vehicle, where applicable, from the registering authority.
5. Duty of the registration authorities to verify the documents within
15 days of the application
The Registration authorities shall verify the registration certificate,
driving licence, fitness and permit in respect of the offending vehicle
within 15 days of the application being made by the Investigating
Officer.
6. Duty of the hospital to issue MLC and Post-mortem Report within 15 days of the accident
The concerned hospital shall issue the MLC and Post-Mortem Report to the
Investigating Officer within 15 days of the accident.
7. In case of un-insured vehicle, driver and owner of the offending
vehicle to be prosecuted under Section 196 of Motor Vehicles Act, 1988
In case of un-insured offending vehicle, the Investigating Officer shall
prosecute the owner and driver of the offending vehicle under Section 196
of the Motor Vehicles Act.
8. In case of fake driving licence, the driver and other persons
involved to be prosecuted for holding a fake driving licence
If the driving licence of the driver is found to be fake, the
Investigating Officer shall prosecute the driver for holding a fake
driving licence and/or other persons involved in forging a fake driving
licence.
9. Un-insured vehicle not to be released to the owner
If the offending vehicle is not covered by the policy of insurance
against third party 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 in death or 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
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
concerned Claims Tribunal 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.
10. Duty of the police to complete the investigation of the criminal
case and file the chargesheet (Report under Section 173 Cr.P.C.) before
the Metropolitan Magistrate and to file DAR along with copy of the
chargesheet before the Claims Tribunal within 30 days
The Investigating Officer shall complete the collection of the aforesaid
documents and its verification as well as investigation of the criminal
case within 30 days of the accident. The Investigating Officer shall
file the report under Section 173 Cr.P.C. before the concerned Magistrate
and Detailed Accidental Report (DAR) before the Claims Tribunal within 30
days of the accident. The DAR shall be accompanied by requisite
documents mentioned in para 3 above. The Detailed Accident Report shall
be in Form II.
11. Copy of DAR to be furnished to claimants, owner/driver of the
offending vehicle, insurance company and Delhi Legal Services Authority
The Investigating Officer shall furnish the copy of the Detailed Accident Report to victim(s)/claimant(s) of the accident, owner/driver of the
offending vehicle and the Insurance Company. The Investigating Officer
of the Police shall also furnish a copy of Detailed Accident Report (DAR)
along with complete documents to Secretary, Delhi Legal Services
Authority, Central Office, Pre-Fab Building, Patiala House Courts, New
Delhi. Delhi Legal Services Authority shall examine each case and assist
the Claims Tribunal in determination of the just compensation payable to
the claimants in accordance with law.
12. Extension of time to file DAR and Report under Section 173, Cr.P.C.
Where the Investigating Officer is unable to complete the investigation
of the case within 30 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 undergoing treatment, the Investigating Officer shall
approach the Claims Tribunal for extension of time to file DAR/Report
under Section 173 Cr.P.C. whereupon the Claims Tribunal shall extend the
time as it considers appropriate in the facts of each case.
13. Investigating Officer to seek necessary directions from the Claims
Tribunal
In the event of failure of the driver(s), owner(s), Insurance Company
and/or claimants to disclose the relevant information and documents
required to complete the Detailed Accident Report, the Investigating
Officer shall seek necessary directions from the Claims Tribunal (Part X
of the DAR format) whereupon the Claims Tribunal shall, in appropriate
cases, direct the parties in default to disclose the relevant information
on affidavit along with the original documents within 15 days.
14. Duty of the Investigating Officer to produce the driver, owner,
claimant and eye witnesses before the Claims Tribunal along with the DAR
The Investigating Officer shall produce the driver, owner, claimant and
eye-witnesses before the Claims Tribunal along with the DAR. 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 30 days. The Investigating Officer shall
give an advance notice to the concerned Insurance Company about the
date of filing of the DAR before the Claims Tribunal so that the
nominated counsel for the Insurance Company can remain present on the
first date of hearing before the Claims Tribunal.
15. Duties of police shall be construed to be part of State Police Act
The duties of police enumerated above shall be construed as if they are
included in the respective State police Act and any breach thereof shall
entail consequences envisaged in that law.
16. Examination of DAR by the Claims Tribunal
The Claims Tribunal shall examine whether the DAR is complete in all
respects and shall pass an appropriate order in this regard. If the DAR
is not complete, the Claims Tribunal shall direct the Investigating
Officer to complete the same and shall fix a date for the said
completion.
17. Claims Tribunal shall treat DAR as a claim petition for
compensation
The Claims Tribunal shall treat the DAR filed by the Investigating
Officer as a claim petition under Section 166(4) of the Motor Vehicles
Act, 1988. However, where the Police is unable to produce the claimants
on the first date of hearing, the Claims Tribunal shall initially
register the DAR as a Miscellaneous Application which shall be registered
as a claim petition after the appearance of the claimants. Where the
claimants have filed a separate claim petition, the DAR shall be tagged
to the claim petition.
18. In cases of charge of rash and negligent driving, the Claims
Tribunal shall register the case under Section 166 of Motor Vehicles Act
Where the Claims Tribunal finds that the DAR and in particular the report
under Section 173, Cr.P.C., annexed to such DAR has brought a charge of
rash and negligent driving, the Claims Tribunal shall register the claim
case under Section 166 of the Motor Vehicles Act, 1988. However, in
cases where the DAR does not bring a charge of negligence or despite the
charge of negligence, the Claimant(s) before the Court chose to claim No-
fault basis, the Claims Tribunal shall register the claim case under
Section 163A of the Motor Vehicles Act, 1988.
19. Duty of the Insurance Company to appoint a Designated Officer
within 10 days of the receipt of the copy of DAR
Upon receipt of copy of the DAR, the Insurance Company shall appoint a
Designated Officer within 10 days. The Designated Officer shall be
responsible for dealing / processing of that case and to pass a reasoned
decision in writing with respect to the amount payable to the claimants
in accordance with law.
20. Duty of the Insurance Company to get DAR verified by their
Surveyor/Investigator
The Insurance Company shall get the statements made in the DAR and the
documents filed along with it verified through their surveyor or
investigator within a period of 20 days of receipt of the copy of DAR
from the Investigating Officer. The Designated Officer shall submit the
report of the surveyor/investigator supported by an affidavit before the
Claims Tribunal. If the statements made in the DAR are found to be
incorrect, the Designated Officer shall send the copy of the report of
the surveyor/investigator to the DCP concerned.
21. Duty of Insurance Company to process DAR and submit an offer for
settlement within 30 days
The Insurance Company shall examine the DAR and 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 30 days of the date of receipt
of the copy of DAR from the Investigating Officer. The report of the
Designated Officer of the Insurance Company shall be in Form ? III.
22. Consent award to be passed where claimant accepts the offer of
Insurance Company
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 provide 30 days time to the Insurance
Company to make the payment of the award amount. 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.
23. Claimants to respond to the offer of the Insurance Company within 30
days
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 30 days to respond to the said offer.
24. Duty of the Claims Tribunal to elicit the truth
Before passing the award on the basis of the Detailed Accident Report,
the Claims Tribunal shall satisfy itself that the statements made in the
DAR are true. In order to elicit the truth, the Claims Tribunal may
direct the claimant(s), driver(s), owner(s) and insurance company to file
their affidavit with respect to the statements made in the DAR. The
Claims Tribunal may also consider examining the parties under Section 165
of the Evidence Act (Refer Ved Prakash Kharbanda v. Vimal Bindal, 198
(2013) DLT 555 for scope of Section 165 of the Evidence Act).
25. In case of non-settlement, the Claims Tribunal shall conduct an
enquiry and pass an award within 30 day
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 Motor Vehicles Act, 1988 and shall pass an
award within a period of 30 days thereafter. The Claims Tribunal shall
follow the principles laid down in Mayur Arora v. Amit, 2011(1) TAC 878
more particularly the following: -
?14.17. The Claims Tribunal shall also inquire and satisfy itself that
the AIR relates to real accident and that is not the result of any
collusion/fabrication.
14.18. The notice to the claimant, owner, driver and eye-witness shall be
served through the Investigating Officer of the police. The notice to the Insurance Company shall be served through the nominated counsel of each
company.
14.19. The Claims Tribunal may examine the claimant on oath to elucidate
the material information (Rule 10).
14.20. The Claims Tribunal may visit the site of the accident for local
investigation but in such event, must prepare a brief memorandum of facts
observed, making it part of the record (Rule 15).
14.21. The Claims Tribunal may require production, of the vehicle
involved in the accident for inspection (Rule 16).
14.22. The Claims Tribunal may summarily examine the Investigating
Officer of the police, the eye-witness or any person likely to be able to
give information relating to such case, whether such person has been or
is to be called as a witness in the case or not and whether any or all of
the parties are present or not. The notice to the eye-witness be sent
through the police (Rule 17).
14.23. The Claims Tribunal may direct the Medical Officer or the Board of
Medical Officers to examine the injured and give opinion indicating the
degree and extent of disability, if any suffered within 15 days of
receipt of direction (Rule 18).
14.24. The Claims Tribunal shall obtain supplementary information and
documents, which may be found necessary from the police, medical and
other authorities (Rule 25).
14.25. If the Claims Tribunal finds that the claim petition cannot be
disposed of at one hearing, it shall record the reasons which necessitate
the adjournment (Rule 29).
14.27. If there is no defence under Section?149?of the Motor Vehicles
Act, 1998, the Claims Tribunal may direct the Insurance companies to
deposit the admitted amount according to their computation with the
Claims Tribunal following the principles of Order XII Rule 6 of the Code
of Civil Procedure. The Tribunal shall by a summary inquiry ascertain the
dependent family members/legal heirs. The jurisdictional police shall
also enquire and submit the names of the dependent legal heirs.
14.43. Where the Insurance Company has computed the compensation in
accordance with law without any delay, has deposited the admitted amount
and has contested the case only with respect to the disputed amount or
has bonafide defence, the interest should be awarded according to bank
rates. However, where the Insurance Company has failed to discharge its
obligations or acted capriciously or arbitrarily or negligent exercise or
non-exercise of power, which has resulted in harassment and mental
suffering to the claimant, the Claims Tribunal may consider awarding
higher interest in terms of the judgment of the Apex Court in the case of
Ghaziabad Development Authority v. Balbir Singh,?11(2004) CPJ 12 (SC).
14.47. While conducting the inquiry, the Claims Tribunal must be on guard
against fanciful or false claims. The victims may deserve sympathy, but
the matter has to be approached and decided according to law. Incidence
of exaggerated or false claims has to be deftly dealt with. In
appropriate cases, the Claims Tribunal should not hesitate to lodge a complaint under Section?340?Cr.P.C. Similarly, the Insurance Company
which puts forward an evasive or irresponsible defence is liable to be
burdened with costs, but where the defence is found to be false, similar
action ought to be taken against them. In order to ensure efficiency of
procedures and accuracy of the result (determination of the amount),
purity in the information received by the Claims Tribunal and veracity of
the documents that are placed before the Tribunal, whatever be the source
must be brought about.?
26. Examination of the claimants before passing of the award
Before or at the time of passing of the award, the Claims Tribunal shall
examine the claimants to ascertain their financial condition/needs to
determine their share, mode of disbursement, amount to be kept in fixed
deposit and period of fixed deposit. The Claims Tribunals shall also
ascertain the complete address and Bank Account details of the claimants.
The Claims Tribunal shall take on record the following documents from the
claimants:
(i) Proof of residence;
(ii) Details of the Bank Account of the Claimants; and
(iii) Two sets of photographs and specimen signatures of the
claimants.
27. Deposit of the award amount
In the award, the Claims Tribunal shall specifically direct the Insurance
Company and/or the owner/driver, as the case may be, to deposit the award
amount with the Tribunal and/or the Bank along with the interest upto the
date of notice of deposit to the claimants with a copy to their counsel
within 30 days of the award. The names and addresses of the claimants
and their counsel for issuance of notice of deposit be mentioned in the
award. If the award amount has been directed to be deposited by the
Insurance Company with the bank, copy of the award be sent to the Nodal
Officer of the Bank along with the Court stamped copy of the photographs,
specimen signatures, proof of residence and bank account details of the
claimants. In case of direction to deposit the award amount directly
with the Bank, the Claims Tribunal shall direct the cheque be issued in
the name of the Bank so that the award amount can interest till the
claimant approaches the Bank.
28. Protection of the award amount
The Claims Tribunal shall, depending upon the financial status and
financial need of the claimant(s), release such amount as may be
considered necessary and direct the remaining amount to be kept in fixed
deposits in phased manner (for example, if a sum of Rs.5,50,000/- has
been awarded to the claimants, Rs.50,000/- may be released immediately
and the remaining amount of Rs.5,00,000/- may be kept in 10 fixed
deposits of Rs.50,000/- each for a periods of six months, one year, one
and a half years, two years and so on till five years or one year, two years, three years and so on till ten years). The Claims Tribunal may
also consider imposing following conditions with respect to the fixed
deposits:-
(i) The interest on the fixed deposits be paid monthly to the
Claimant(s).
(ii) The monthly interest be credited automatically in the saving account
of the claimant(s).
(iii) Original fixed deposit receipts be retained by the bank in safe
custody. However, a passbook of the FDRs be given to the claimant(s)
along with the photocopy of the FDR. At the time of maturity, the fixed
deposit amount shall be automatically credited in the savings bank
account of the Claimant(s).
(iv) No cheque book be issued to the claimant(s) without permission of
the Court. However, a photo identity card be issued to the claimant(s)
and the withdrawal be permitted upon production of the identity card.
(v) No loan, advance or withdrawal be allowed on the fixed deposits
without permission of the Court.
(vi) The Bank shall not permit any joint name(s) to be added in the
savings bank account or fixed deposit accounts of the victim.
(vii) Half yearly statement of account be filed by the Bank in the
Tribunal.
29. Claims Tribunal shall deal with the compliance of the provisions in
the award
In order to implement the new provisions for payment of compensation to
the victim of the road accident within 90 days to 120 days of the
accident, in true letter and spirit, the Claims Tribunal shall deal with
the compliance of the new provisions in the award, especially as to
whether there has been any delay or deficiency on the part of the
Investigating Officer of the Police and/or the Designated Officer of the
Insurance Company. In the event of any delay or deficiency on the part
of the Investigating Officer of the Police, the Claims Tribunal may
consider recommending adverse entry to be made in the service record of
the concerned officer. In case of delay or deficiency on the part of the
Designated Officer of the Insurance Company, the Claims Tribunal may
consider recommending adverse entry to be made in the service record of
the concerned officer or impose cost/penal interest to be recovered from
the salary of the officer in default. The format of the check list of the
issues required to be dealt with by the Claims Tribunal in its award
shall be in Form IV.
30. Claims Tribunal shall fix a date for reporting compliance
(i) The Claims Tribunal shall fix a date for reporting compliance in the
award itself. The Claims Tribunal shall also direct the Insurance Company and/or driver or owner to place on record the proof of deposit of
the award amount, the notice of deposit and the calculation of interest
on the date fixed. Upon such proof being filed, the Claims Tribunal shall
ensure that the interest upto date of notice of deposit has been
deposited by all concerned.
(ii) If the award amount is not deposited within the stipulated period,
the Claims Tribunal shall attach the bank account of the insurance
company in terms of principles laid down in New India Assurance Company
Ltd. v. Kashmiri Lal, (2005) 125 DLT 571.
(iii) If the award of the Claims Tribunal is stayed by the High Court in
appeal, the Claims Tribunal shall close the matter with liberty to the
claimants to revive it after the decision of the appeal.
31. Copy of the Detailed Accident Report (DAR) as well as the Award to be
sent to the concerned Metropolitan Magistrate
(i) The Investigating Officer shall submit a copy of the Detailed
Accident Report (DAR) before the concerned Metropolitan Magistrate within
one week of submitting the same before the Claims Tribunal. The
Investigating Officer shall also submit the copy of the award before the
concerned Metropolitan Magistrate within one week of the passing of the
award.
(ii) The Claims Tribunal shall also send a certified copy of the award to
the concerned Metropolitan Magistrate.
32. Copy of the award to be sent to the Delhi Legal Services Authority.
The Claims Tribunal shall send a certified copy of the award to the Delhi
Legal Services Authority. In the event of delay in passing of the award
caused due to delay or deficiency on the part of the Investigating
Officer or the Designated Officer of the Insurance Company, the Delhi
Legal Services Authority shall take up the matter with the Police and/or
Insurance Company, as the case may be.
33. Format of the record of awards of the Claims Tribunal
The record of the awards passed by the Claims Tribunals shall be
maintained in chronological order according to the date of the award in
such a manner that it is easy for the litigants/lawyers to ascertain
whether the payment of their award has been received or not. The format
of the record of the awards is Form V.
FORMATS
FORM- I
INTIMATION OF THE ROAD ACCIDENT BY THE INVESTIGATING OFFICER TO THE
CLAIMS TRIBUNAL AND THE INSURANCE COMPANY
1.
FIR No, date and under Section
2.
Name of the Police Station
3.
Date, time and place of the accident
4.
Source of Information
(Name, Address and Tel. No.)
(a) Driver/Owner
(b) Victim
(c) Witness
(d) Hospital/Medical Facility
5.
Nature of the accident:
(a) Whether resulted in death or injury or both?
(b) Number of persons injured/died
(c) In case of Injuries, whether simple or grevious?
6.
Name and address of the injured/deceased
7.
Details of the hospital where taken
8.
Registration of the vehicle(s) involved in the accident
9.
Name, address and contact no. of the owner of the offending vehicle(s)
10.
Name, address and contact no. of the driver of the vehicle(s)
11.
Insurance Policy Number
12.
Period Of Insurance Policy
13.
Name and address of the Insurance Company
14.
Name and contact no. of the Investigating Officer
S.H.O./I.O. ???.
P.S. ?????....
Date??????
Enclosed- Copy of the FIR
FORM- II
DETAILED ACCIDENT REPORT? (DAR)
PART I
PARTICULARS OF THE ACCIDENT
S. No.
1.
FIR No., date and under Section
2.
Name of the Police Station
3.
Offences as per report under Section 173 CrPC
4.
Date, time and place of accident
5.
Who reported the accident to the Police?
(Give name, address and contact no.)
(a) Driver/Owner
(b) Victim
(c) Witness
(d) Hospital/Medical facility
6.
Name of the person who took the victim to the hospital, name of the
hospital and at what time
7.
Whether any hospital denied treatment to the victim?
8.
Nature of the accident:
(a) Whether resulted in death or injury or both?
(b) Number of persons injured/died
9.
Particulars of the offending vehicle(s)
10.
Number of persons in the offending vehicle(s)
11.
Whether the victim was:
(a) Pedestrian/ bystander
(b) Cyclist
(c) Scooterist
(d) Travelling in a vehicle. If so, whether at driving seat, back seat,
front seat, side car, travelling at rear guard cargo area, etc.
(e) Victim?s vehicle no.
(f) No. of persons in the victim?s vehicle
12.
Name and contact no. of the Investigating Officer
13.
Names of witnesses of the accident
14.
Brief description of the accident
PART II
SITE PLAN
15.
Date of preparation of the site plan
16.
Site Plan shall indicate:
(i) Place of accident
(ii) Position of vehicle(s)
(iii) Position of victim(s)
(iv) Skid marks
(v) Road ? Whether one way or two way
(vi) Lane in which the accident took place
(vii) Permissible speed limit on the road at the site of the accident
(viii) Whether traffic control such as presence of police officer, road
markings, warning sign, stop sign were there?
(ix) Location of zebra crossing or pedestrian zone
(x) Whether near traffic lights? If so, whether functional?
(xi) Distance of speed breakers, if any, from the spot of accident
(xii) Width and type of road ? national highway/city
road/expressway/rural road, etc.
(xiii) Direction of the vehicle(s):
(a) Same direction (rear end)
(b) Same direction (side swipe)
(c) Right angle
(d) Opposite direction (angular)
(e) Opposite direction side swipe
(f) Struck parked vehicle
(g) Left turn
(h) U-turn reversing.
(xiv) Directions of movement of the Vehicle
(a) North
(b) East
(c) South
(d) West
(xv) Road Divided by
(a) Barrier Median
(b) Curbed Median
(c) Grass Median
(d) Painted Median
(e) None
(xvi) Light Condition
(a) Daylight
(b) Dusk
(c) Dark (No Street Lights)
(d) Dark (Street Lights On, Spot)
(e) Dawn
(f) Dark (Street Lights Off)
(g) Dark (Street Lights On, Continuous)
(xvii) Visibility/Environmental Condition
(a) Clear
(b) Fog/Smog/Smoke
(c) Snow
(d) Severe Crosswinds
(e) Rain
(f) Blowing Sand or Dirt
(g) Sun Glare
(xviii) Road Character
(a) Straight and Level
(b) Straight and Grade
(c) Straight and Hillcrest
(d) Curve and Level
(e) Curve and Grade
(f) Curve and Hillcrest
(g) Under construction/maintenance
(xix) Road Surface Type
(a) Concrete
(b) Blacktop
(c) Gravel
(d) Steel Grid
(e) Dirt
(f) Pot Holes
(g) Cave in
(h) Construction Material on Road
(xx) Road Surface Condition
(a) Dry
(b) Wet
(c) Snowy
(d) Water (standing /moving)
(e) Sand, mud, dirt
(f) Oil
(xxi) Airbag Deployment
(a) Front
(b) Side
(c) Multiple
(d) None
(xxii) Ejection from Vehicle
(a) Not ejected
(b) Ejected
(c) Partial Ejection
(d) Trapped
(xxiii) Temporary Traffic Zone
(a) None
(b) Construction zone
(c) Maintenance Zone
(d) Utility Zone
(e) Incident Zone
(xxiv) Total Number of entities involved in the crash
Crash Type:
With other motor vehicle as first event:
(a) Same Direction (Rear End)
(b) Same Direction (Slide Sweep)
(c) Right Angle
(d) Opposite Direction (Hereon, Angular)
(e) Opposite Direction (Slide Sweep)
(f) Struck Parked Vehicle
(g) Left Turn/U Turn
(h) Backing
(i) Encroachment
With below as first event:
(a) Overturn
(b) Fixed Object
(c) Animal
(d) Pedestrian
(e) Pedal Cyclist
(f) Non-fixed Object
(g) Railcar Vehicle
PART ? III
PARTICULARS OF THE DRIVER(S)
(In case of more than one driver, submit separate Part III for each
driver)
17.
Name, address and contract no. of the driver
18.
Age
19.
Gender
20.
Education
21.
Occupation
22.
Family
23.
Income (monthly)
24.
Account No. with name and address of the Bank in which the driver is
maintaining his account
25.
Driving licence:
(a) Driving License No.
(b) Whether learner license?
(c) Period of validity
(d) Issued by
(e) Class of vehicle
(f) Whether license suspended or cancelled?
26.
In case of learner?s licence:
(a) Whether driving under supervision
(b) Whether driving with lapsed learner license
27.
Whether driver is the owner/paid driver/otherwise?
28.
Whether driving with the knowledge / consent of the owner?
29.
Whether driving under influence of liquor/drugs?
Whether finding based on scientific report?
30.
(a) Whether the driver reported the accident to the police/family of the
victim?
(b) Whether the driver took the victim to the hospital?
(c) Whether the driver visited the victim at the hospital?
(d) Whether the driver remained at the spot till arrival of the police?
(e) Whether the driver did not remove the offending vehicle from the spot
till the arrival of the police?
(f) Whether the driver paid compensation/medical compensation to the
victim/his family?
(g) Whether the driver cooperated in investigation?
(h) Whether the driver also suffered injuries in the accident?
(i) Whether discharged duty under Section 132 and 134 of the MV Act, 1988?
(j) If not, whether the driver has been prosecuted under Section 187 MV
Act, 1988?
31.
Whether the driver fled from the spot? If so, the date on which he
appeared before the police/Court or was arrested?
32.
Any other relevant information relating to the driver
PART IV
PARTICULARS OF THE OFFENDING VEHICLE (S)
(In case of more than one vehicle, submit separate
Part IV for each vehicle)
33.
(a) Registration No.
(b) Colour
(c) Make
(d) Model
(e) Year
(f) Engine No.
(g) Chasis No.
(h) Address of the Registering Authority
(i) Private or Commercial (public service vehicle, goods
carriage/educational institution bus)
34.
Name, address, occupation and contact number of the owner:
(a) In case of company, person in charge in terms Section 199 of the MV
Act, 1988
(b) In case of sale of the vehicle, give particulars of the purchaser and
date of transfer
35.
In case of commercial vehicle:
(a) Particulars of fitness
(b) Particulars of permit
36.
Whether driver employed on monthly or daily basis? Attach the proof of
employment of driver such as appointment letter, salary slip, duty
register or other relevant documents
37.
In case the driver fled from the spot, did the owner produce the driver
before the police? If so, when? Attach the copy of the notice under
Section 133 MV Act, 1988 and its reply.
38.
Whether the owner reported the accident to the Insurance Company? If
so, when?
39.
Whether the owner co-operated in the investigation?
40.
(a) Whether the owner discharged his duties under Section 133 and 134 MV
Act, 1988?
(b) If so, whether the owner prosecuted under Section 187 MV Act, 1988?
41.
In the case of un-insured vehicle:
(a) Whether the owner/driver prosecuted under Section 196 of the MV Act,
1988?
(b) Whether the owner/driver made payment of compensation to the victim
or his family? Give particulars, if available.
PART ? V
PARTICULARS OF THE INSURANCE OF THE VEHICLE(S)
42.
Policy Number
43.
Period of policy
44.
Issued by (give name and address of the Insurance Company)
45.
Nature of policy i.e. Third party or comprehensive
46.
Name, address and contact number of the Designated Officer of the
Insurance Company
47.
Date of intimation of the accident by the Investigating Officer to the
Insurance Company
48.
Date of appointment of the Designated Officer by the Insurance Company
49.
Account no. with name and address of the Bank in which the Insurance
company is having its account
PART VI
MECHANICAL INSPECTION OF ALL
VEHICLES INVOLVED IN THE ACCIDENT
50.
Name and qualification of the Mechanical Officer
51.
Date of mechanical inspection of the Vehicle(s)
52.
Date of mechanical inspection report(s)
53.
Whether the mechanical inspection report is in terms of Annexure ?A? If
no, give reasons thereof.
54.
Whether any delay in mechanical inspection or submitting report? If so,
give reasons thereof.
PART ? VII
IMPACT OF THE ACCIDENT ON THE VICTIM(S)
(In case of more than one victim, submit separate Part VII for each
victim)
55.
Death Cases:
(a) Name and address of the deceased
(b) Age
(c) Gender
(d) Education
(e) Occupation
(f) Income (monthly)
(g) Legal heirs/Guardian:
(i) Name
(ii) Relationship
(iii) Age
(iv) Address
(v) Contact No.
56.
Injury Cases:
(a) Name and address of injured
(b) Age
(c) Gender
(d) Education
(e) Occupation
(f) Income (monthly)
(g) Details of family/dependents of the victim.
(h) MLC No.
(i) Nature of injuries
(j) Name of hospital(s) where injured
treated?
(k) Whether victim refused medical treatment
(l) Period of hospitalization
(m) Period of treatment
(n) Whether treatment continuing
(o) Name, address and contact number of the doctor(s) who treated the
injured
(p) Whether injured underwent any surgery(s)? If so,give particulars?
(q) Whether suffered any permanent disability? If yes, give details
(r) Expenditure incurred on treatment, conveyance, special diet,
attendant etc. Give details, if available
(s) Whether the injured got reimbursement of medical expenses from his
employer or under a mediclaim policy. Give details, if available
(t) Whether the injured provided cashless treatment by the Insurance
Company? Give details, if available
57.
Any other relevant information
PART ? VIII
APPARENT CONTRIBUTING CIRCUMSTANCES
58.
Driving without valid driving licence
59.
Driving while disqualified
60.
Learner driving without supervision
61.
Vehicle not insured
62.
Driving a stolen vehicle
63.
Vehicle taken out without the consent of the owner
64.
Driving dangerously or at excessive speed
65.
Under influence of liquor or drugs. Give quantity/parameters/
recovery, if available
66.
Dangerously loaded vehicle
67.
Parking on the wrong side of the road
68.
Parking at prohibited places
69.
Non-observance of traffic rules
70.
Poorly maintained vehicle
71.
Fake/forged driving license
72.
Previous conviction(s)/past history of bad driving
73.
Driving Aggressively:
(a) Jumped red light
(b) Abrupt braking.
(c) Neglected to keep to the left of the road
(d) Driving criss-cross
(e) Driving too close to the vehicle in front
(f) Persistent inappropriate attempts to overtake
(g) Cutting in after overtaking
(h) Racing/competitive driving
(i) Crossing speed limit
(j) Disregarding any warnings
(k) Driving on the wrong side
(l) Overtaking where prohibited
(m) Driving with loud music
(n) Improper reversing
(o) Improper passing
(p) Improper turning
(q) Driving in no entry hours
(r) Not slowing down at crossing/road junction
(s) Turning without indication
(t) Not respecting stop sign on road surface
(u) Not respecting right of way to pedestrian
(v) Using mobile phone while driving
74.
Irresponsible behavior:
(a) Failing to stop after accident
(b) Ran away from the spot after leaving the vehicle
(c) Destruction or attempt to destroy the evidence.
(d) Falsely claiming that one of the victims was responsible for the
accident
(e) Trying to throw the victim off the bonnet of the vehicle by swerving
in order to escape
(f) Causing death/injury in the course of dangerous driving post
commission of crime or chased by police in an attempt to avoid detection
or apprehension.
(g) Offence committed while the offender was on bail.
(h) Misled the investigation
(i) Post accident road rage behaviour, give details.
75.
Any other contributing factor
PART IX
OTHER OFFENCES COMMITTED AT THE SAME TIME
76.
(a) Sections 3/181- Driving without license
(b) Sections 4/181- Driving by minor
(c) Sections 5/181-Allowing unauthorized person to drive
(d) Sections 56/192- Without fitness
(e) Sections 66(1)/192A ? Without permit
(f) Sections 112/183(1)- Over speed
(g) Sections 113/194- Over loading
(h) Sections 119/177- Jumping red light
(i) Sections 119/277- Violation of mandatory signs (One way, No right
turn, No left turn)
(j) Sections 122/177- Improper obstructive parking
(k) Sections 146/196 Without insurance
(l) Section 177/RRR17(1)- Violation of ?One way?
(m) Section 177/RRR29- Carrying High/Long Load
(n) Section 177/CMVR 138(3) - Not using seat belt
(o) Section 177/RRR6- Violation of ?No overtaking?
(p) Section 177/CMVR 105- Without light after sunset
(q) Section 179- Misbehaviour with police officer
(r) Section 184- Driving dangerously
(s) Section 184- Using mobile phone while driving
(t) Section 185- Drunken driving/under influence of drugs
(u) Section 187- Violation of Sections 132(1)(c), 133 and 134
(v) Any other offence
PART X
DIRECTIONS REQUIRED FROM CLAIMS TRIBUNAL
77.
The driver(s) involved in the accident have not furnished information
mentioned in para(s) ________ [para(s) 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30 and 41(b) of Part III] and the documents mentioned in
para(s) _______ [para(s) 91, 92, 93, 94, 95, 96, 97 of Part XI].
The driver(s) may be directed to furnish the requisite information on
affidavit along with the original documents before the Claims Tribunal.
(Copy of the letter demanding the information/documents be attached)
78.
The owner(s) of the vehicles involved in the failed to furnish the
information mentioned in para(s) ______ [para(s) 34, 35, 36, 38, 40 and
41(b)]of Part IV and have not produced the documents mentioned in para(s)
_____ [para(s) 92, 93, 94, 95, 96 and 97] of Part XI.
The owner(s) may be directed to disclose the requisite information on
affidavit along with the original documents before the Claims Tribunal.
(Copy of the letter demanding the information/documents be attached)
79.
The Insurance Company has failed to disclose information para(s) ____
[para(s) 46, 47, 48, 49] of Part V.
The Insurance Company may be directed to disclose the requisite
information on affidavit along with the original documents before the
Claims Tribunal. (Copy of the letter demanding the information/documents
be attached)
80.
The claimant(s) have failed to disclose the information mentioned in
para(s) ____ [para(s) 55 and 56] of Part VII and the documents mentioned
in para(s) ____ [para(s) 101 and 102] of Part XI.
The claimant(s) may be directed to disclose the requisite information on
affidavit along with the original documents before the Claims Tribunal.
(Copy of the letter demanding the information/documents be attached)
81.
The registration authority have failed to verify documents (registration
certificate, driving licence, fitness and permit) within 15 days of the
application in terms of Clause 5 of the modified Claims tribunal Agreed
Procedure and, therefore, necessary directions be issued to the
registration authority to produce the same before the Claims Tribunal.
(Copy of the letter demanding the information/documents be attached)
82.
_____________ Hospital has failed to issue (MLC/Post Mortem Report)
within 15 days of the accident in terms of Clause 6 and, therefore, the
necessary directions be issued to the Hospital to produce the same before
the Claims Tribunal. (Copy of the letter demanding the
information/documents be attached)
83.
Specify any other direction that may be necessary.
PART ? XI
RELEVANT DOCUMENTS TO BE ATTACHED
84.
First Information Report
85.
Site plan in terms of Para 16
86.
Photographs of the scene of accident from all angles.
87.
Photographs of all the vehicles involved in the accident from all angles
88.
Photograph and admitted signature of the driver(s) of the offending
vehicle(s)
89.
Photograph and specimen signature of the owner(s) of the offending
vehicle
90.
Mechanical Inspection Report in format of Annexure A.
91.
Driving license of the driver
92.
Proof of employment of driver such as appointment letter, salary slips,
duty register etc.
93.
Registration certificate of the offending vehicle(s)
94.
In case of transfer of vehicle, sale documents, possession letter or any
other document relating to transfer, if any
95.
Insurance Policy of the offending vehicle(s)
96.
Permit (for commercial vehicle)
97.
Fitness Certificate (for commercial vehicle)
98.
Report under Section 173 Cr.P.C.
99.
Statements of the witnesses recorded by the police
100.
Scientific report, if the driver was under the influence of liquor/drugs
101.
In case of Death
(a) Post Mortem Report
(b) Death certificate
(c) Photograph and proof of the identity of the dead
(d ) Proof of age of the deceased which may be in form of :
(i) Birth certificate
(ii) School certificate
(iii) Certificate from gram panchayat (in case of illiterate)
(e) Proof of Occupation and income of the deceased which may be in form
of :
(i) Pay slip/salary certificate for salaried employees.
(ii) Bank statements of the last six months.
(iii) Income Tax Returns
(iv) Balance Sheets
(f) Proof of the legal representatives of the deceased
(i) Names
(ii) Age
(iii) Address
(iv) Relationship
(v) Contact no.
(g) Photographs, specimen signatures attested by the bank and identity
proof of the legal representatives of the deceased
(h) Treatment record, medical bills and other
expenditure
(i) Bank Account no. of the legal representatives
of the deceased with name and address of the
bank
102.
In case of Injury
(a) MLC
(b) Multi angle photographs of the injured
(c) Photographs, specimen signatures attested by the bank and identity
proof of the injured
(d) Proof of age of the injured which may be in form of :
(i) Birth certificate
(ii) School certificate
(iii) Certificate from Gram Panchayat (in case of illiterate)
(e) Proof of occupational income of the injured at the time of the
accident which may be in form of:
(i) Pay slip/salary certificate for salaried employees.
(ii) Bank statements of the last six months of the deceased.
(iii) Income Tax Returns
(iv) Balance Sheets
(f) Treatment record, medical bills and other expenditure ? In case of
long term treatment, the SHO/IO shall also record the details so that the
claimant may furnish documents before the Claims Tribunal.
(g) Disability certificate
(h) Proof of absence from work where loss of income on account of injury
is being claimed, which may be in the form of:
(i) Certificate from the employer
(ii) Extracts from the attendance register
(i) Proof of reimbursement of medical expenses by employer or under a
Mediclaim policy, if taken
103.
Copy of the letter of the Investigating Officer demanding the relevant
information/documents from the driver as mentioned in para 77 above
104.
Copy of the letter of the Investigating Officer demanding the relevant
information/documents from the owner as mentioned in para 78 above
105.
Copy of the letter of the Investigating Officer demanding the relevant
information/documents from the Insurance Company as mentioned in para 79
above
106.
Copy of the letter of the Investigating Officer demanding the relevant
information/documents from the claimants as mentioned in para 80 above
107.
Copy of the letter of the Investigating Officer demanding the relevant
information/documents from the registration authorities as mentioned in
para 81 above
108.
Copy of the letter of the Investigating Officer demanding the relevant
information/documents from the hospital as mentioned in para 82 above
109.
Any other relevant document(s)
VERIFICATION
Verified at _______ on this ________ of _____, that the contents of the
above report are true and correct as per information and documents
gathered during investigation.
Station House Officer
(Name and Stamp)
Assistant Commissioner of Police
(Name and Stamp)
ANNEXURE ?A? TO DETAILED ACCIDENT REPORT (DAR)
FORMAT OF THE MECHANICAL INSPECTION REPORT
(Submit separate Mechanical Inspection Report for each vehicle)
1. Case FIR No
2. Under Section
3. Police Station
4. Registration No. of the vehicle
5. Make, Model Name, Colour and Type of Vehicle
6. In case of HTV/MGV/LGV
(a) Whether Lateral Under Run Protective Device (LUPD) and Rear Under Run
Protective Device (RUPD) installed? (For vehicle weighing 3.5 ton or
more)
(b) Whether speed governor installed and functional or otherwise?
7. In case of commercial vehicle :
(a) Particulars of fitness
(b) Particulars of permit
8. Point of impact and damage
9. Mechanical condition of the vehicle
10. Paint marks (if any)
11. Condition of braking System i.e. working or not?
12. Whether the vehicle fitted with Anti-lock Braking System (ABS)?
(a) If yes, whether it is functioning or not?
(b) Whether trials regarding skid marks of ABS fitted vehicle have been
carried out to estimate the speed of the vehicle
13. Whether vehicle modified by
(a) Installing CNG/LPG Kit
(b) Change of vehicle body
14. Condition of tyres ? whether original or retreaded?
15. Whether horn was installed and functional?
16. Whether the brake lights and other lights functional?
17. Condition of safety bags in the vehicle
18. Whether the vehicle properly maintained
19. Whether the vehicle had faulty number plate?
20. Whether the vehicle had tinted glasses?
21. If the vehicle was educational institution bus, whether the vehicle
was fitted with the doors that can be shut and whether the vehicle had a
suitable inscription to indicate that they are in the duty of an
educational institute, as per the guidelines laid down in MC Mehta v.
Union of India, (1998) 1 SCC 676 and MC Mehta v. Union of India (1999) 1
SCC 413?
22. Details of damage on the vehicle
Mechanical Officer
(Name and Stamp)
SHO
Date (Name and Stamp)
FORM- III
REPORT OF THE DESIGNATED OFFICER
OF THE INSURANCE COMPANY
(To be filed within 30 days of the receipt of the copy of the
DAR from the Investigating Officer)
PART-I
1.
Date of the accident
2.
Date of intimation of the accident by the Investigating Officer to the
Insurance Company
3.
Date of receipt of DAR from the Investigating Officer
4.
Date of appointment of the Designated Officer by the Insurance Company
5.
Name and particulars of the Designated Officer
6.
Date of appointment of the Surveyor/Investigator by the Insurance Company
7.
Name and particulars of the Surveyor/Investigator
8.
Date of report of the Surveyor/Investigator
9.
Date of decision of the Designated Officer
10.
Date of submission of the report of the Designated Officer before the
Claims Tribunal
11.
Whether the report has been filed within 30 days of the receipt of DAR?
If no, give reasons.
PART-II
COMPUTATION OF COMPENSATION IN DEATH CASES
12.
Name of the deceased
13.
Age of the deceased
14.
Occupation of the deceased
15.
Income of the deceased
16.
Name, age and relationship of legal representatives of deceased
17.
Documents considered
(i) Proof of age
(ii) Proof of occupation and income
(iii) Proof of age of legal representative
(iv) Other relevant documents
18.
Computation of compensation
(i) Income of the deceased (A)
(ii) Add-Future Prospects (B)
(iii) Less-Personal expenses of the deceased (C)
(iv) Monthly loss of dependency
[(A+B) ? C = D]
(v) Annual loss of dependency (D x 12)
(vi) Multiplier (E)
(vii) Total loss of dependency (D x 12 x E = F)
(viii) Compensation for loss of love and affection (G)
(ix) Compensation for loss of consortium (H)
(x) Compensation for loss of estate (I)
(xi) Compensation towards funeral expenses (J)
TOTAL COMPENSATION
(F + G + H + I + J)
PART-III
COMPUTATION OF COMPENSATION IN INJURY CASES
19.
Name of the victim
20.
Age of the victim
21.
Occupation of the victim
22.
Income of the victim
23.
Nature of injury
24.
Medical treatment taken by the victim
25.
Whether any permanent disability?
If yes, give details.
26.
Computation of compensation
Pecuniary Loss:
(i) Expenditure on treatment
(ii) Expenditure on conveyance
(iii) Expenditure on special diet
(iv) Cost of nursing/attendant
(v) Loss of earning capacity
(vi) Loss of income
(vii) Any other loss which may require any special treatment or aid to
the injured for the rest of his life
Non-Pecuniary Loss:
(viii) Compensation for mental and physical shock
(ix) Pain and suffering
(x) Loss of amenities of life
(xi) Disfiguration
(xii) Loss of marriage prospects
(xiii) Loss of earning, inconvenience, hardships, disappointment,
frustration, mental stress, dejectment and unhappiness in future life
etc.
TOTAL COMPENSATION
Verification:
Verified at _____ on this ______ day of ________ that the contents of the
above report are true and correct. I am well conversant with the
principles of computation of compensation and have applied the same to
compute the compensation.
DESIGNATED OFFICER
FORM- IV
COMPLIANCE OF THE PROVISIONS OF THE MODIFIED CLAIMS TRIBUNAL AGREED
PROCEXDURE TO BE MENTIONED IN THE AWARD
1.
Date of the accident
2.
Date of intimation of the accident by the Investigating Officer to the
Claims Tribunal. (Clause 2)
3.
Date of intimation of the accident by the Investigating Officer to the
Insurance Company. (Clause 2)
4.
Date of filing of Report under Section 173 Cr.P.C. before the
Metropolitan Magistrate. (Clause 10)
5.
Date of filing of Detailed Accident Information Report (DAR) by the
Investigating Officer before Claims Tribunal. (Clause 10)
6.
Date of service of DAR on the Insurance Company. (Clause 11)
7.
Date of service of DAR on the claimant(s). (Clause 11)
8.
Whether DAR was complete in all respects? (Clause 16)
9.
If not, state deficiencies in the DAR
10.
Whether the police has verified the documents filed with DAR? (Clause 4)
11.
Whether there was any delay or deficiency on the part of the
Investigating Officer? If so, whether any action/ direction warranted?
12.
Date of appointment of the Designated Officer by the Insurance Company.
(Clause 19)
13.
Name, address and contact number of the Designated Officer of the
Insurance Company. (Clause 19)
14.
Whether the Designated Officer of the Insurance Company submitted his
report within 30 days of the DAR? (Clause 21)
15.
Whether the Insurance Company admitted the liability? If so, whether the
Designated Officer of the Insurance Company fairly computed the
compensation in accordance with law. (Clause 22)
16.
Whether there was any delay or deficiency on the part of the Designated
Officer of the Insurance Company? If so, whether any action/direction
warranted?
17.
Date of response of the claimant(s) to the offer of the Insurance
Company. (Clause 23)
18.
Date of the award.
19.
Whether the award was passed with the consent of the parties? (Clause 22)
20.
Whether the claimant(s) examined at the time of passing of the award to
ascertain his/their financial condition? (Clause 26)
21.
Whether the photographs, specimen signatures, proof of residence and
particulars of bank account of the injured/legal heirs of the deceased
taken at the time of passing of the award? (Clause 26)
22.
Mode of disbursement of the award amount to the claimant(s). (Clause 28)
23.
Next Date for compliance of the award. (Clause 30)
FORM- V
FORMAT OF RECORD OF AWARDS TO BE MAINTAINED BY THE CLAIMS TRIBUNAL
DATE Page No. of the Register
S. NO.
PARTICULARS
1.
Date of Award
2.
Case number
3.
Title of the case
4.
Award amount
5.
Date of notice of deposit by the depositor to the Claimants
6.
Date of notice of deposit by the Tribunal to the Claimants
7.
Amount of interest upto date of notice of deposit
8.
Amount deposited along with date of deposit
9.
Amount of interest upto date of notice of deposit
10.
Whether entire award amount and interest deposited. If no, balance
outstanding award amount/interest
11.
Action taken to recover the balance award interest
12.
Date of release of the award amount to the Claimant(s)
13.
Mode of release of the award amount:
(Give the details of endorsement made on the cheques)
14.
Remarks
FAO 842/2003 and MAC. APP. 422/2009 Page 1 of 3
$ 110
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