J.R. Midha, J.The Claims Tribunal Agreed Procedure formulated by this Court vide order dated 21st December, 2009 is being implemented w.e.f. 2nd April, 2010. The Claims Tribunal Agreed Procedure provides: first, the police to carry out complete investigation within 30 days and submit a Detailed Accident Report (DAR) to the Motor Accident Claims Tribunal; second, the Insurance Company to compute the compensation within 30 days thereafter and inform the Tribunal; third, if the amount offered is fair and acceptable to the claimant, it shall be paid within 30 days; and fourth, if the offer is not acceptable or the Tribunal finds it not fair, the Tribunal shall pass an award within 30 days, meaning thereby that the claimants shall get the award amount within 90 to 120 days of the accident.

2. The Claims Tribunals have sent their reports with respect to the implementation of the Claims Tribunal Agreed Procedure which have been placed on record by the Registrar (Vigilance) of this Court.

3. On careful consideration of the reports of the Claims Tribunal, this Court is of the view that the Claims Tribunal Agreed Procedure warrants certain modifications to make it comprehensive and effective, more particularly the formats of the intimation of the accident by the Investigating Officer, report of the Designated Officer of the Insurance Company and Detailed Accident Report shall streamline the Claims Tribunal Agreed Procedure.

4. The suggestions to the Claims Tribunal Agreed Procedure are as under:

"5.1 Format of intimation of accident by the Investigating Officer to the Claims Tribunal and Insurance Company--The Investigating Officer has to communicate the particulars of the accident to the Claims Tribunal as well as Insurance Company within 48 hours of the accident. The standard format of such communication would help in streamlining the system.

5.2 Format of Detailed Accident Information Report (DAR)--The most important aspect of Claims Tribunal Agreed Procedure is the Detailed Accident Information Report (DAR) which should contain material particulars of the accident, offences, driver, offending vehicle, impact of the accident on the victim(s), apparent contributing circumstances and the list of relevant documents attached. The standard format of Detailed Accident Report will make the system more effective.

5.3 Documents to be collected by the Investigating Officer--The Investigating Officer of police has to 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.

(viii) Driving licence 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

Contact No.

(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)

5.4 Right of the Insurance Company to get DAR verified by their Surveyor/Investigator--The Insurance Company has the right to get the statements made in the DAR and the documents filed along with DAR 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.

5.5 Format of the report of the Designated Officer of the Insurance Company--The Report of the Designated Officer of the Insurance Company should be in a standard format.

5.6 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 XI 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.

5.7 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 Parkash Kharbanda Vs. Vimal Bindal, , with respect to the scope of Section 165 of the Evidence Act).

5.8 Examination of the claimants--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.

5.9 Deposit of the award--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.

5.10 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 FDRs. 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.

5.11 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 may be specified.

5.12 Payment of the award amount--(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 30 days, the Claims Tribunal shall attach the bank account of the Insurance Company in terms of The New India Assurance Co. Ltd. Vs. Kashmiri Lal and Others, .

(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.

5.13 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) to 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 dealing with the criminal case.

(ii) The Claims Tribunal shall also send a copy of the award to the concerned Metropolitan Magistrate.

5.14 Copy of the award to be sent to the Delhi Legal Services Authority--The Claims Tribunal shall send a 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.

5.15 Format of the record of awards of the Claims Tribunal--The record of the awards passed by the Claims Tribunals should 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.

5.16 Principles relating to the scope of Inquiry under Sections 168 and 169 of the Motor Vehicles Act, 1988 laid down by this Court in Mayur Arora Vs. Amit @ Pange and Others, .

The following principles laid down by this Court in Mayur Arora v. Amit (supra), be incorporated in the Claims Tribunal Procedure:

"14.17. The Claims Tribunal shall also enquire 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.

14.29. The Tribunal shall categorize the claim cases registered, into those where the insurer disputes liability and those where the insurer does not dispute the liability. Wherever the insurer does not dispute the liability under the policy; the Tribunal shall make an endeavour to determine the compensation amount by a summary inquiry or refer the matter to the Lok Adalat for settlement, so as to dispose of the claim petition itself, within a time frame not exceeding six months from the date of registration of the claim petition. Where the insurer disputes the liability, the Claims Tribunal shall frame the issues.

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 bona fide 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 Vs. Balbir Singh, .

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."

5.17 Suggestions contained in Rajesh Tyagi v. Jaibir Singh, IV (2010) ACC 826.

The following suggestions contained in Rajesh Tyagi v. Jaibir Singh (supra), be incorporated in the Delhi Police Manual--

"First:

Today, there are more drivers on the road carrying a mobile phone than perhaps those carrying a (genuine) driving licence. This phenomenon can be utilised for the purposes of investigation of motor accidents.

The Police Control Room can set up a Cell for Accident Identification with a dedicated telephone number (having several lines) to which the Investigating Officer deputed to investigate an accident upon reaching the spot can make calls and it would register the number from which the calls are coming and the time as part of its call listing of received calls. Upon reaching the spot, the Investigating Officer (or the PCR Van) should take possession of the mobile phones of all concerned-driver, occupant/s, victim/s. Thereupon the Investigating Officer should make calls to the aforesaid designated police telephone number in the following order:

1. from his own (Investigating Officers) mobile phone;

2. from the drivers mobile (If the driver is carrying more than one mobile phone, such phone calls be made from each of the phones.);

3. from the mobile phones of the occupant/s of the car; and

4. from the victims mobile phone.

After these calls, there be another call from the Investigating Officers mobile phone to this number to signify the end of series. Appropriate system to bunch these calls can be easily engineered. The necessary information (call details) can then be transferred to the electronic case file which is opened for the particular accident.

To be doubly sure, the Investigating Officer may also call his own number from the drivers mobile phone. If no number is displayed, the Investigating Officer ought to seize the mobile phone.

Identification of the mobile phones in use at the time of the accident and accessibility through the service provider to drivers (and others) location and call listings for the preceding period will give law enforcement a much stronger hand. And more importantly, prevent false claims when there has not been any accident or injury.

Second:

An Insurance Company must know about an accident immediately upon its occurrence so that it can make the necessary investigations. Presently, the Insurance Company comes in picture when the claim petition is filed and by that time the evidence can be created to convert a non-motor accident (or even a non-accident) into a motor accident. Evidence is also created of income levels so as to inflate the quantum.

As a solution to this, the Delhi Police needs to create a Website to which the Investigating Officer in the field can connect and so can insurance companies from their own computers.

The information sent by the Investigating Officer to this Website--preferably on an electronic interactive form--will include details such as: motor vehicle registration number, chassis number, engine number, vehicle make, model, colour, type, etc; particulars of the owner such as his address, mobile telephone, occupation, etc.; drivers registered address and driving licence number; the police station within the jurisdiction of which the accident took place; description of the spot where the accident occurred; the other persons involved in the accident; brief cause of the accident; casualties occurred; insurance policy number; particulars of the Insurance Company, etc. Only as many as are available at that time can be filled in. Computer matching enables a few fields to be filled in and then it automatically shows up reasonably complete groups/fields (as suggestions/options) which include what was a possible error in the original keying-in. The Investigating Officers mobile number and e-mail will also be entered.

Once the police starts placing this information on the web (which it can do virtually automatically within one hour of the accident) along with the time and location, and name of the Insurance Company (even two or three names may be given), the Insurance Company/ies can download this data (every hour) and search through their own database. The moment there is any matching/flagging, it can revert to the concerned Police Station on e-mail and to the Central Office, and even to the Investigating Officer.

Most of this exercise can be done by the computers automatically which (in absence of exact match) will give out (display) even particulars of similar vehicles in respect of which policies have been issued. So done, there is no reason why within a few hours of the accident, the insurance file cannot be reached and contact with the Investigating Officer made. The insurance companies can then depute their own field-agent to join in the investigations.

The insurance companies will have to fine-tune their own database of the policies which they have issued so that the necessary search and correlation can be made almost instantaneously. The idea is that in this computer day and age, the insurance companies must perform their task with diligence, and in the shortest of time get in touch with the AIO. Thus, the insurer has no longer to wait for summons from the MACT to know of the accident.

Third:

The Delhi Police needs to prepare and make available to all Investigating Officers:

1. Motor Accident Investigation Manual;

2. Comprehensive set of questionnaire forms; and

3. Instruction notes (as leaflets) for use of victims/witnesses, which the Investigating Officer can use for gathering information on the spot and even distributing (the forms and notes) to the victims/witnesses, and receiving information from them.

More importantly, the Investigating Officer must also bestow some attention on what could have prevented the accident and prepare a note to that effect for being filed with the Central Office.

Lastly (Fourth)

The police could consider making available web-connected mobile phones with camera which can take photograph soft he vehicle, number-plate, hassis-number-plate, driver, victim and electronically transmit these to the Central Police website/computer.

Ideally, alongside recording the statement of the witnesses in the case diary (under Section 161, Cr.P.C., these can be video-recorded at the site, and the CD preserved as part of the case file.

In future, we can have palm tops to scan the licence and thumb impression of the driver as also the thumb impression of the victim/s together with high resolution photographs and automatic GPS based location marker and time print. Also stated as latitude and longitude as degrees, minutes and seconds.

5.18 Other Suggestions

5.18.1 Fragile Evidence to be preserve and identified--Any fragile evidence that can be damaged, altered, or removed from the scene by any wilful or negligent act must be identified and secured. Prior to removal, its position should be noted, sketched, photographed and/or marked in chalk. Examples, of such evidence are puddles of fuel, oil blood or pieces of broken glass. The position of turn signal levers should be checked; although this is not a positive indicator of whether a turn signal was in use it can be helpful. Alcoholic beverage containers inside a vehicle should also be secured. Evidence should be tagged, marked and secured in accordance with proper evidence gathering procedures prior to its removal from the scene.

5.18.2 Request for additional support--Additional support personnel should be requested, if necessary, such as power line repair, road repair; portable lighting, signal personnel, medical personnel.

5.18.3 Establish Traffic Control--Traffic control is essential at the accident scene to prevent further accidents or injury. Rerouting vehicles around the accident scene is the most common procedure. Spectators or unnecessary personnel should be cleared from the accident area.

5.18.4 Location of the Patrol Vehicle--The police vehicle should be positioned so as not to cause any further traffic congestion or accidents. If the necessary, it may, however, be used as a roadblock. At night it should be parked so the headlights illuminate the entire scene. At all the times emergency lights should be on to warn the approaching motorists of the hazard."

5. Mr. Kirtiman Singh, learned Standing Counsel for Union of India on instructions from Ms. Irene Cherian, Deputy Secretary, Ministry of Road Transport seeks time to examine the above suggestions.

6. Mr. Siddharth Luthra, learned Amicus Curiae in Crl. Revision Petition No. 338/2009 and Mr. Saleem Ahmed, learned Standing Counsel for Delhi Police have given the written response of Delhi Police to the above suggestions which is taken on record.

7. Mr. Anup J. Bhambhani, learned Amicus Curiae submits that he would coordinate with Mr. Siddharth Luthra, learned Amicus Curiae in Crl. Rev. No. 338/2009 to convene a meeting with Kirtiman Singh, learned Standing Counsel for Union of India, Mr. Saleem Ahmed, learned Standing Counsel for Delhi Police, the officers of Ministry of Road Transport and Delhi Police to deliberate upon the response of Delhi Police and Ministry of Road Transport and Highways.

8. Mr. Kirtiman Singh, learned Standing Counsel for Union of India, Mr. Saleem Ahmed, learned Standing Counsel for Delhi Police and the officers of Ministry of Road Transport and Highways and Delhi Police agree to attend the meeting with their respective response to the suggestions. Mr. Kanwal Chaudhary and Mr. O.P. Mainee, Advocates shall also attend the meeting and give their inputs.

9. List for further hearing on 8th December, 2014. Copy of this order be given dasti under signatures of Court Master to the learned Standing Counsel for Union of India and Delhi Police as well as learned Amicus Curiae.