{"id":260222,"date":"2009-12-16T00:00:00","date_gmt":"2009-12-15T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/rajesh-tyagi-ors-vs-jaibir-singh-ors-on-16-december-2009"},"modified":"2016-06-28T21:33:12","modified_gmt":"2016-06-28T16:03:12","slug":"rajesh-tyagi-ors-vs-jaibir-singh-ors-on-16-december-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/rajesh-tyagi-ors-vs-jaibir-singh-ors-on-16-december-2009","title":{"rendered":"Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 16 December, 2009"},"content":{"rendered":"
Delhi High Court<\/div>\n
Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 16 December, 2009<\/div>\n
Author: J.R. Midha<\/div>\n
41\n*IN   THE      HIGH   COURT    OF   DELHI    AT   NEW DELHI\n\n                       +    FAO 842\/2003\n\n%                          Date of Decision: 16th December, 2009\n\n      RAJESH TYAGI & ORS.                   ..... Appellants\n                     Through : None.\n\n                 versus\n\n      JAIBIR SINGH & ORS.                  ..... Respondents\n                      Through : Mr. Gopal Subramaniam,\n                                Solicitor General of India with\n                                Mr. Atul Nanda Standing.\n                                Counsel for Union of India.\n                                Mr. Vikas Pahwa, Additional\n                                Standing Counsel for Delhi\n                                Police.\n                                Mr. V.P. Chaudhary, Sr. Adv. and\n                                Mr. Anoop Bhambhani, amicus\n                                curiae.\n                                Mr. Arun Mohan, Sr. Adv. and\n                                Ms.Rajdeepa Behura, Adv. as\n                                Members of the Committee\n                                appointed by the Court.\n                                Mr. Manoj Ranjan Sinha, Adv.\n                                for R - 3.\n                                Mr. Kanwal Chaudhary, Adv.\n                                for New India Assurance Co. Ltd.\n                                Mr. Pradeep Gaur, Adv. for\n                                National Insurance Co. Ltd.\n                                Ms. Manjusha Wadhwa and\n                                Ms. Harsh Lata, Advs.\n                                for Oriental Insurance Co. Ltd.\n                                Mr. K.L. Nandwani and\n                                Mr. Sameer Nandwani, Advs. for\n                                Reliance General Insurance Co. Ltd.\n                                Mr. Atul Nanda, Adv. for\n                                Bajaj Reliance General\n                                Insurance CO. Ltd., Future\n                                Generali India Insurance Co.\n                                Ltd. and ICICI Lombard General\n                                Insurance Co. Ltd.\n                                Ms. Shantha Devi Raman, Adv.\n                                for IFFCO Tokyo General\n                                Insurance Co. Ltd.\n                                Ms. Anjali Bansal, Adv. for Tata\n                                AIG General Insurance Co. Ltd.\n                                Mr. Pankaj Seth, Adv. for Royal\n                                Sundaram Alliance Insurance\n                                Co. Ltd. and Universal Sompo\nFAO 842\/2003                                           Page 1 of 17\n                                   General Insurance Co. Ltd.\n                                  Mr. Sunil Kapoor and Mr. Anurag\n                                  Sharma, Advs. for HDFC Ergo\n                                  General Insurance Co. Ltd.\n                                  Ms. Suman Bagga, Adv. for\n                                  Cholamandalam.\n\n\nCORAM :-\nTHE HON'BLE MR. JUSTICE J.R. MIDHA\n\n1.   Whether Reporters of Local papers may\n     be allowed to see the Judgment?\n\n2.   To be referred to the Reporter or not?\n\n3.   Whether the judgment should be\n     reported in the Digest?\n\n\n                       JUDGMENT (Oral)\n<\/pre>\n
1.    Mr. Vikas Pahwa, the learned Additional Standing Counsel<\/p>\n
for Delhi Police submits that the Delhi Police has issued a circular<\/p>\n
dated 22nd July, 2009 to all Deputy Commissioners of Police<\/p>\n
instructing them to strictly implement the duties of the police<\/p>\n
under Section 158(6)<\/a> of the Motor Vehicles Act, 1988 and Delhi<\/p>\n
Motor Accident Claims Tribunal Rules, 2008. The learned<\/p>\n
Additional Standing Counsel submits that the Claims Tribunal<\/p>\n
Agreed Procedure formulated by the Committee appointed by<\/p>\n
this Court imposes additional duties on the police which are<\/p>\n
beyond the scope of the Motor Vehicles Act<\/a>, 1988 as well as Delhi<\/p>\n
Motor Accident Claims Tribunal Rules, 2008.           The learned<\/p>\n
Additional Standing Counsel, in particular, refers to Clauses<\/p>\n
3(B)(i)(ii) and 3(3) of the Claims Tribunal Agreed Procedure under<\/p>\n
which the Police has to collect the proof of age and income of the<\/p>\n
deceased in the case of death, proof of the medical bills and<\/p>\n
FAO 842\/2003                                             Page 2 of 17<\/span>
\n expenses in the case of injuries and has also to verify the<\/p>\n
genuineness of the said documents.          The learned Additional<\/p>\n
Standing Counsel submits that it is not the legal duty of the Police<\/p>\n
to collect the said evidence and to verify the genuineness of the<\/p>\n
same.    The learned Additional Standing Counsel further submits<\/p>\n
that in case of hit and run accidents, it may not possible to<\/p>\n
complete the investigation within a period of 30 days as provided<\/p>\n
in Clause 4 of the Claim Tribunal Agreed Procedure.       It is further<\/p>\n
submitted that at times, the MLC and post-mortem report are not<\/p>\n
made available to them within 30 days of the accident.<\/p>\n
2.    Mr. Atul Nanda, the learned Standing Counsel for Union of<\/p>\n
India submits that all the seventeen Insurance Companies have<\/p>\n
agreed to settle the accident cases as per the Claims Tribunal<\/p>\n
Agreed Procedure. It is further submitted that the Insurance<\/p>\n
Companies instead of relying on the report of their Investigator,<\/p>\n
would prefer to rely on the report of a police officer who is a public<\/p>\n
servant and is accountable for his report. It is submitted that the<\/p>\n
Insurance Companies have taken a big step forward by agreeing<\/p>\n
to a new mechanism for payment of compensation to the victims<\/p>\n
of the road accident within a fixed time frame and the police<\/p>\n
should also show the grace to agree to perform an additional duty<\/p>\n
to serve the society.   It is further pointed out that the additional<\/p>\n
duties to be performed by the police are not such that it will<\/p>\n
increase the burden on the police.     The Police while conducting<\/p>\n
the investigation, can easily collect some more documents and<\/p>\n
information.\n<\/p>\n
\nFAO 842\/2003                                               Page 3 of 17<\/span>\n<\/p>\n
 3.    Mr. Arun Mohan, Senior Advocate and member of the<\/p>\n
Committee appointed by this Court vide order dated 3.12.2009 in<\/p>\n
MAC.APP.No.236\/2009         and   MAC.APP.238\/2009     submits     that<\/p>\n
pending examination of the contentions raised by the Delhi Police<\/p>\n
as to their duties under the Motor Vehicles Act<\/a>, 1988, the Delhi<\/p>\n
Motor Accident Claims Tribunal Rules, 2008 and otherwise in law,<\/p>\n
the Claims Tribunal Agreed Procedure may be implemented by<\/p>\n
the Insurance Companies and Delhi Police for a period of six<\/p>\n
months on trial basis as a pilot project.\n<\/p>\n
4.    The learned Additional Standing Counsel for Delhi Police on<\/p>\n
instructions from Mr. Manjesh Kashyap, DCP (Hqrs.), Delhi Police<\/p>\n
who is present in the Court and has taken instructions from the<\/p>\n
Commissioner of Police during the hearing of this case, submits<\/p>\n
that Delhi Police is agreeable to implement the Claims Tribunal<\/p>\n
Agreed Procedure on a trial basis as a pilot project for a period of<\/p>\n
six months without prejudice to the contentions raised before this<\/p>\n
Court today.\n<\/p>\n
5.    The Claims Tribunal Agreed Procedure formulated by the<\/p>\n
Committee of the Secretaries\/nominees of the Ministries of Road<\/p>\n
Transport and Highways; Finance (Department of Insurance);<\/p>\n
Law, Justice and Company Affairs; and Joint Commissioner of<\/p>\n
Police (Northern Range) is accepted subject to the following:-<\/p>\n
      (i)      The Investigating Officer of the Police shall intimate
\n               the factum of the accident to the Claims Tribunals
\n               within 48 hours of the accident. If the insurance
\n               particulars are available by that time, the
\n               Investigating Officer shall also send the intimation to
\n               the concerned Insurance Company by e-mail. The
\n               factum of the accident shall also be uploaded by Delhi
\nFAO 842\/2003                                               Page 4 of 17<\/span>
\n                Police on its website. The intimation of the accident
\n               shall contain all relevant particulars including the
\n               date, time and place of accident, registration number
\n               of the offending vehicle, policy particulars, names and
\n               addresses of the owner and driver of the offending
\n               vehicle and the name and mobile number of the
\n               Investigating Officer.\n<\/p><\/blockquote>\n
      (ii)     Immediately upon receipt of intimation, the Insurance
\n               Company shall appoint a Designated Officer for each
\n               case. The Designated Officer shall be responsible for
\n               dealing\/processing of that case and for taking decision
\n               for the amount of compensation payable in
\n               accordance with law after the Detailed Accident
\n               Report by the police.\n<\/p><\/blockquote>\n
      (iii)    The Investigating Officer of Police shall collect the
\n               relevant evidence relating to the accident as well as
\n               the computation of compensation. The Investigating
\n               Officer shall take photographs of the scene of the
\n               accident from all angles. In the case of death, the
\n               Investigating Officer shall collect the proof of age,
\n               occupation, income of the deceased and number of
\n               legal representatives of the deceased. In the case of
\n               injuries, the Investigating Officer shall collect proof of
\n               injuries suffered and expenses incurred by the injured.
\n               The Investigating Officer shall also collect the relevant
\n               documents including driving licence, registration
\n               certificate, fitness and permit of the offending vehicle,
\n               death certificate, post mortem report, birth certificate,
\n               salary slip, certificate of the employer, Income-tax
\n               returns, MLC, prescription slips, bills for medical
\n               expenses and shall also verify the genuineness of the
\n               said documents.\n<\/p><\/blockquote>\n
      (iv)     The Investigating Officer shall file a Detailed Accident
\n               Report (DAR) with the Claims Tribunal within 30 days
\n               of the accident. The Detailed Accident Report shall
\n               be accompanied by the report under Section 173<\/a>
\n               Cr.P.C., FIR, MLC, Post Mortem Report, photographs,
\n               site plan, mechanical inspection report, seizure
\n               memo, death certificate, proof of age, occupation and
\n               income of the deceased and age of the legal
\n               representatives of the deceased in the case of death,
\n               proof of injuries and expenses in the case of injuries
\n               along with affidavit about the verification of the said
\n               documents. Copy of the Detailed Accident Report
\n               shall simultaneously be furnished to the Insurance
\n               company as well as to the claimants.\n<\/p><\/blockquote>\n
FAO 842\/2003                                                 Page 5 of 17<\/span><\/p>\n
       (v)      The Investigating Officer of the Police shall also furnish
\n               a copy of Detailed Accident Report along with
\n               complete documents to Secretary, Delhi Legal
\n               Services Authority, Central Office, Pre-Fab Building,
\n               Patiala House Courts, New Delhi.            Delhi Legal
\n               Services Authority shall examine each case and assist
\n               the Claims Tribunal in determination of the just
\n               compensation payable to the claimants in accordance
\n               with law.\n<\/p><\/blockquote>\n
      (vi)     Where the Investigating Officer is unable to complete
\n               the investigation of the case within 30 days for
\n               reasons beyond his control, such as cases of hit and
\n               run accidents, cases where the parties reside outside
\n               the jurisdiction of the Court cases, where the driving
\n               licence is issued outside the jurisdiction of the Court,
\n               or where the victim has suffered grievous injuries and
\n               is undergoing treatment, the Investigating Officer
\n               shall approach the Claims Tribunal for extension of
\n               time whereupon the Claims Tribunal shall suitably
\n               extend the time in the facts of each case.\n<\/p><\/blockquote>\n
      (vii) The Investigating Officer shall produce the driver,
\n            owner, claimant and eye-witnesses before the Claims
\n            Tribunals along with the Detailed Accident Report.
\n            However, if the Police is unable to produce the owner,
\n            driver, clamant and eye-witnesses before the Claims
\n            Tribunal on the first date of hearing for the reasons
\n            beyond its control, the Claims Tribunal shall issue
\n            notice to them to be served through the Investigating
\n            Officer for a date for appearance not later than 30
\n            days. The Investigating Officer shall give an advance
\n            notice to the concerned Insurance Company about the
\n            date of filing of the Detailed Accident Report before
\n            the Claims Tribunal so that the nominated counsel for
\n            the Insurance Company can remain present on the
\n            first date of hearing before the Claims Tribunal.\n<\/p><\/blockquote>\n
      (viii) The concerned Registration Authority of the
\n             Government of NCT of Delhi shall furnish the report in
\n             Form-D of the Delhi Motor Accident Claims Tribunal
\n             Rules, 2008 to the Police and Claims Tribunal within 15
\n             days of the receipt of the request from the police or
\n             the direction from the Tribunal in Form-E.         The
\n             Registration Authority shall also assist the Police in
\n             verification of the documents.\n<\/p><\/blockquote>\n
      (ix)     The Claims Tribunals shall examine whether the
\n               Detailed Accident Report is complete in all respects
\n               and shall pass appropriate order in this regard. If the
\n               Detailed Accident Report is not complete in any
\nFAO 842\/2003                                                 Page 6 of 17<\/span>
\n                particular respect, the Claims Tribunal shall direct the
\n               Investigating Officer to complete the same and shall
\n               fix a date for the said completion.\n<\/p><\/blockquote>\n
      (x)      The Claims Tribunals shall treat the Detailed Accident
\n               Report filed by the Investigating Officer as a claim
\n               petition under Section 166(4)<\/a> of the Motor Vehicles
\n               Act. However, where the Police is unable to produce
\n               the claimants on the first date of hearing, the Claims
\n               Tribunal shall initially register the Detailed Accident
\n               Report as a miscellaneous application which shall be
\n               registered as a main claim petition after the
\n               appearance of the claimants.\n<\/p><\/blockquote>\n
      (xi)     The Claims Tribunal shall grant 30 days time to the
\n               Insurance Company to examine the Detailed Accident
\n               Report and to take a decision as to the quantum of
\n               compensation payable to the claimants in accordance
\n               with law.     The decision shall be taken by the
\n               Designated Officer of the Insurance Company in
\n               writing and it shall be a reasoned decision. The
\n               Designated Officer of the Insurance Company shall
\n               place the written reasoned decision before the Claims
\n               Tribunal within 30 days of the date of complete
\n               Detailed Accident Report.\n<\/p><\/blockquote>\n
      (xii) The compensation assessed by the Designated Officer
\n            of the Insurance Company in his written reasoned
\n            decision shall constitute a legal offer to the claimants
\n            and if the claimants accept the said offer, the Claims
\n            Tribunal shall pass a consent award and shall provide
\n            30 days time to the Insurance Company to make the
\n            payment of the award amount. However, before
\n            passing the consent award, the Claims Tribunal shall
\n            ensure that the claimants are awarded just
\n            compensation in accordance with law. The Claims
\n            Tribunal shall also pass an order with respect to the
\n            shares of the claimants and the mode of
\n            disbursement.\n<\/p><\/blockquote>\n
      (xiii) If the claimants are not in a position to immediately
\n             respond to the offer of the Insurance Company, the
\n             Claims Tribunals shall grant them time not later than
\n             30 days to respond to the said offer.\n<\/p><\/blockquote>\n
      (xiv) If the offer of the Insurance Company is not acceptable
\n             to the claimants or if the Insurance Company has any
\n             defence available to it under law, the Claims Tribunal
\n             shall proceed to conduct an inquiry under Sections
\n             168<\/a> and 169<\/a> of the Motor Vehicles Act and shall pass
\n             an award within a period of 30 days thereafter.\n<\/p><\/blockquote>\n
FAO 842\/2003                                                Page 7 of 17<\/span><\/p>\n
 6.    Mr. Atul Nanda, Convener of the Committee appointed by<\/p>\n
this Court vide order 5th November, 2009 is directed to<\/p>\n
incorporate the aforesaid Clauses in Claims Tribunal Agreed<\/p>\n
Procedure and place the same before this Court on 21st<\/p>\n
December, 2009.\n<\/p>\n
7.    While computing the compensation in respect of death<\/p>\n
cases, the learned Tribunals shall, so far as possible, compute the<\/p>\n
compensation payable to the legal representatives of the<\/p>\n
deceased victim according to the principles laid down by the<\/p>\n
Hon\u201fble Supreme Court in the case Sarla Verma Vs. DTC, 2009<\/p>\n
(6) SCALE 129 which are reproduced hereunder:-<\/p>\n
I.    MULTIPLIER\n\n               Age of the deceased          Multiplier\n                    (in years)\n\n                      15 - 20                   18<\/span>\n                      21 - 25                   18<\/span>\n                      26 - 30                   17<\/span>\n                      31 - 35                   16<\/span>\n                      36 - 40                   15<\/span>\n                      41 - 45                   14<\/span>\n                      46 - 50                   13<\/span>\n                      51 - 55                   11<\/span>\n                      56 - 60                   09<\/span>\n                      61 - 65                   07<\/span>\n                     Above 65                   05<\/span>\n\n<\/pre>\n
               (Where the deceased was unmarried, the multiplier
\n               to be adopted according to the age of the parents)<\/p>\n
II.   DEDUCTION FOR PERSONAL AND LIVING EXPENSES<\/p>\n
      Deceased – unmarried<\/p>\n
      (i)      Deduction towards personal            : 1\/2 (50%)
\n               expenses.\n<\/p>\n
      (ii)     Deduction where the family of the     :   1\/3rd (33.33%)
\n               bachelor is large and dependent on
\n               the income of the deceased.<\/p>\n
\n\n\n\n\nFAO 842\/2003                                                       Page 8 of 17<\/span>\n        Deceased - married\n       (i)       2 to 3 dependent family          :   1\/3rd\n                 members.\n\n       (ii)      4 to 6 dependent family          :   1\/4th\n                 members.\n\n       (iii)     More  than      6      family    :   1\/5th\n                 members\n\n       (iv)      Subject to the evidence to       :   Father, brother and sisters will not\n                 the contrary.                        be considered as dependents.\n\n\nIII.   FUTURE PROSPECTS\n\n       (i)      Permanent job             :      Actual salary - tax +\n                below 40 years of age            50% towards future prospects.\n\n       (ii)     Permanent     job         :      Actual salary - tax +30% towards\n                between 40 - 50 years            future prospects.\n\n\n       (ii)     More than 50 years with:         Actual salary only.\n                permanent job.                   No addition for future prospects.\n\n       (iv)     Deceased employed at a :          Only actual income to be taken.\n                fixed salary (without              No addition.\n                provision for annual\n                increments)\n\n       (v)      Departure from this Rule :        Only in rare and exceptional cases\n                                                  involving special circumstances.\n\nIV.    NON-PECUNIARY DAMAGES\n\n        (i)      Compensation for loss of             :       Rs.5,000\/- to Rs.10,000\/-\n                 estate\n        (ii)     Compensation for loss of             :       Rs.5,000\/- to Rs.10,000\/-\n                 consortium\n        (iii)    Compensation for pain and            :       Nil\n                 sufferings and hardship\n\n        (iv)     Funeral expenses, cost of            :       Actual\n                 transportation of body and\n                 medical expenses\"\n\n<\/pre>\n
8.     Where the legal representatives of the deceased victim do<\/p>\n
not have documentary evidence of the income of the deceased,<\/p>\n
the Claims Tribunal shall take the minimum wages into<\/p>\n
consideration and shall take judicial note of the increase in<\/p>\n
minimum wages due to inflation and rise in price index and<\/p>\n
compute the income of the deceased by taking the average of the<\/p>\n
minimum wages and its double following the judgments of this
\nFAO 842\/2003                                                            Page 9 of 17<\/span>
\n Court in the cases of Kanwar Devi vs. Bansal Roadways, 2008<\/p>\n
ACJ 2182; Lekh Raj vs Suram Singh<\/a>, 2007 ACJ 2165; and<\/p>\n
National Insurance Company Limited vs. Renu Devi III<\/a> (2008)<\/p>\n
ACC 134.\n<\/p>\n
9.    In the case of death of a child, the Claims Tribunal shall<\/p>\n
consider the principles laid down by this Court in the case of<\/p>\n
National Insurance Co. Ltd. Vs. Farzana, MAC.APP.13\/2007<\/p>\n
decided on 14.7.2009 following the judgments of the Hon\u201fble<\/p>\n
Supreme Court in the cases of Manju Devi Vs. Musafir<\/p>\n
Paswan, VII (2005) SLT 257 and R.K. Malik Vs. Kiran Pal, III<\/p>\n
(2006) ACC 261, according to which the following compensation<\/p>\n
is payable:-\n<\/p>\n
      Compensation for loss of dependency         Rs.2,25,000\/-
\n      Compensation for loss of future prospects Rs. 75,000\/-
\n      Non-pecuniary compensation                  Rs. 75,000\/-\n<\/p><\/blockquote>\n
                                               ________________
\n                             Total                Rs.3,25,000\/-\n<\/p><\/blockquote>\n
                                               ________________<\/p>\n<\/blockquote>\n
10.   The Delhi Police shall require some time for implementation<\/p>\n
of the Claims Tribunal Agreed Procedure.      The Delhi Police shall<\/p>\n
have to create the paraphernalia, select the officers and provide<\/p>\n
them training and mobile phones to take photographs of the site<\/p>\n
of the accident.\n<\/p><\/blockquote>\n
11.   It is agreed by the Delhi Police that the implementation of<\/p>\n
Claims Tribunal Agreed Procedure shall commence from 15th<\/p>\n
January, 2010 and the same shall tentatively remain in force for a<\/p>\n
period of six months up to 14th July, 2010. The Claims Tribunal<\/p>\n
Agreed Procedure shall apply to all accidents which occur after<\/p>\n
15th January, 2010 and shall cover the accidents which occur up<\/p>\n
FAO 842\/2003                                              Page 10 of 17<\/span>
\n to 14th July, 2010.\n<\/p>\n
12.   The learned Additional Standing Counsel for Delhi Police<\/p>\n
submits that if some difficulties arise in the implementation of<\/p>\n
this scheme during this period of six months, this Court shall be<\/p>\n
approached for suitable modification.                  It would, therefore, be<\/p>\n
appropriate that the working of the Claims Tribunal Agreed<\/p>\n
Procedure be monitored by the Committee appointed by this<\/p>\n
Court vide order dated 5th November, 2009 which has formulated<\/p>\n
the Claims Tribunal Agreed Procedure.                  The monthly report be<\/p>\n
submitted by all the Insurance Companies as well as by the Police<\/p>\n
before the said Committee, which shall submit the same before<\/p>\n
this Court along with its comments within 15 days thereafter.<\/p>\n
The first status report by the Insurance Companies and the Delhi<\/p>\n
Police for the period 15th January, 2010 to 14th February, 2010<\/p>\n
shall be submitted to the Committee by 28th February, 2010 and<\/p>\n
the Committee shall examine the same and submit their report<\/p>\n
before this Court by 15th March, 2010 and the same shall be<\/p>\n
considered by this Court on 23rd March, 2010.<\/p>\n
13.   Mr. Arun Mohan, Senior Advocate has some suggestions for<\/p>\n
the Delhi Police for expeditious investigation of the accident<\/p>\n
cases.    The suggestions of Mr. Arun Mohan are as under:-<\/p>\n
      First : “Today, there are more drivers on the road carrying a mobile
\n              phone than perhaps those carrying a (genuine) driving
\n              licence. This phenomenon can be utilised for the purposes of
\n              investigation of motor accidents.\n<\/p><\/blockquote>\n
               The Police Control Room can set up a Cell for Accident
\n               Identification with a dedicated telephone number (having
\n               several lines) to which the Investigating Officer deputed to
\n               investigate an accident upon reaching the spot can make
\n               calls and it would register the number from which the calls are
\n               coming and the time as part of its call listing of received calls.\n<\/p><\/blockquote>\n
FAO 842\/2003                                                             Page 11 of 17<\/span><\/p>\n
                Upon reaching the spot, the Investigating Officer (or the PCR
\n               Van) should take possession of the mobile phones of all
\n               concerned – driver, occupant\/s, victim\/s. Thereupon the
\n               Investigating Officer should make calls to the aforesaid
\n               designated police telephone number in the following order:\n<\/p><\/blockquote>\n
               1.     from his own (Investigating Officer\u201fs) mobile phone;\n<\/p><\/blockquote>\n
               2.     from the driver\u201fs mobile (If the driver is carrying more
\n                      than one mobile phone, such phone calls be made from
\n                      each of the phones.);\n<\/p><\/blockquote>\n
               3.     from the mobile phones of the occupant\/s of the car;\n<\/p><\/blockquote>\n
                      and
\n               4      from the victim\u201fs mobile phone.\n<\/p><\/blockquote>\n
               After these calls, there be another call from the Investigating
\n               Officer\u201fs mobile phone to this number to signify the end of
\n               series. Appropriate system to bunch these calls can be
\n               easily engineered. The necessary information (call details)
\n               can then be transferred to the electronic case file which is
\n               opened for the particular accident.\n<\/p><\/blockquote>\n
               To be doubly sure, the Investigating Officer may also call his
\n               own number from the driver\u201fs mobile phone. If no number is
\n               displayed, the Investigating Officer ought to seize the mobile
\n               phone.\n<\/p><\/blockquote>\n
               Identification of the mobile phones in use at the time of the
\n               accident and accessibility through the service provider to
\n               driver\u201fs (and others\u201f) location and call listings for the
\n               preceding period will give law enforcement a much stronger
\n               hand. And more importantly, prevent false claims when
\n               there has not been any accident or injury.\n<\/p><\/blockquote>\n
     Second:An Insurance Company must know about an accident
\n           immediately upon its occurrence so that it can make the
\n           necessary investigations. Presently, the insurance company
\n           comes in picture when the claim petition is filed and by that
\n           time the evidence can be created to convert a non-motor
\n           accident (or even a non-accident) into a motor accident.
\n           Evidence is also created of income levels so as to inflate the
\n           quantum.\n<\/p><\/blockquote>\n
               As a solution to this, the Delhi Police needs to create a
\n               Website to which the Investigating Officer in the field can
\n               connect and so can insurance companies from their own
\n               computers.\n<\/p><\/blockquote>\n
               The \u201einformation\u201f sent by the Investigating Officer to this
\n               Website – preferably on an electronic interactive form – will
\n               include details such as: motor vehicle registration number,
\n               chassis number, engine number, vehicle make, model, colour,
\n               type, etc; particulars of the owner such as his address,
\n               mobile telephone, occupation, etc.; driver\u201fs registered
\n               address and driving licence number; the police station within
\n               the jurisdiction of which the accident took place; description
\n               of the spot where the accident occurred; the other persons
\n               involved in the accident; brief cause of the accident;
\n               casualties occurred; insurance policy number; particulars of
\n               the insurance company, etc. Only as many as are available<\/p>\n
FAO 842\/2003                                                          Page 12 of 17<\/span>
\n                at that time can be filled in. 1 The Investigating Officer\u201fs
\n               mobile number and e-mail will also be entered.\n<\/p><\/blockquote>\n
               Once the police starts placing this information on the web
\n               (which it can do virtually automatically within one hour of the
\n               accident) along with the time and location, and name of the
\n               insurance company (even two or three names may be given),
\n               the insurance company\/ies can download this data (every
\n               hour) and search through their own database. The moment
\n               there is any matching \/ flagging, it can revert to the
\n               concerned Police Station on e-mail and to the Central Office,
\n               and even to the Investigating Officer.\n<\/p><\/blockquote>\n
               Most of this exercise can be done by the computers
\n               automatically which (in absence of exact match) will give out
\n               (display) even particulars of similar vehicles in respect of
\n               which policies have been issued. So done, there is no reason
\n               why within a few hours of the accident, the insurance file
\n               cannot be reached and contact with the Investigating Officer
\n               made. The insurance companies can then depute their own
\n               field-agent to join in the investigations.\n<\/p><\/blockquote>\n
               The insurance companies will have to fine-tune their own
\n               database of the policies which they have issued so that the
\n               necessary search and correlation can be made almost
\n               instantaneously. The idea is that in this computer day and
\n               age, the insurance companies must perform their task with
\n               diligence, and in the shortest of time get in touch with the AIO.
\n               Thus, the insurer has no longer to wait for summons from the
\n               MACT to know of the accident.\n<\/p><\/blockquote>\n
     Third : The Delhi Police needs to prepare and make available to all
\n             Investigating Officers:\n<\/p><\/blockquote>\n
               1       Motor Accident Investigation Manual;\n               2       Comprehensive set of questionnaire forms;               and\n               3       Instruction notes (as leaflets) for use of victims \/\n                       witnesses,\n<\/pre>\n
               which the Investigating Officer can use for gathering
\n               information on the spot and even distributing (the forms and
\n               notes) to the victims \/ witnesses, and receiving information
\n               from them.\n<\/p><\/blockquote>\n
               More importantly, the Investigating Officer must also bestow
\n               some attention on what could have prevented the accident
\n               and prepare a note to that effect for being filed with the
\n               Central Office.\n<\/p><\/blockquote>\n
     Lastly The police could consider making available web-connected
\n     (Fourth)      mobile phones with camera which can take
\n            photographs       of     the       vehicle,     number-plate,
\n            chassis-number-plate, driver, victim and electronically
\n            transmit these to the Central Police website \/ computer.\n<\/p><\/blockquote>\n
               Ideally, alongside recording the statement of the witnesses in
\n               the case diary (under Section 161<\/a> Cr.P.C., these can be
\n               video-recorded at the site, and the CD preserved as part of the
\n               case file.\n<\/p><\/blockquote>\n
     1 Computer matching enables a few fields to be filled in and then it automatically shows
\n       up reasonably complete groups \/ fields (as suggestions \/ options) which include what
\n       was a possible error in the original keying-in.\n<\/p><\/blockquote>\n
FAO 842\/2003                                                                      Page 13 of 17<\/span><\/p>\n
                   In future, we can have palm tops to scan the licence and
\n                  thumb impression of the driver as also the thumb impression
\n                  of the victim\/s together with high resolution photographs and
\n                  automatic GPS based location marker and time print.2<\/p>\n<\/blockquote>\n
14.       The aforesaid four suggestions of Mr. Arun Mohan, Senior<\/p>\n
Advocate are very useful and there should be no difficulty in<\/p>\n
implementation of the first three suggestions; though the fourth<\/p>\n
suggestion may have to await action by the Government.<\/p>\n
15.       Mr. Arun Mohan has offered to provide the basic structure of<\/p>\n
the forms which can then be developed by the Delhi Police and be<\/p>\n
made part of the manual.                       The Delhi Police may also consult<\/p>\n
Mr.Arun Mohan and the other members of the Committee for<\/p>\n
drafting the manual.\n<\/p>\n
\n
16.       The learned Additional Standing Counsel for Delhi Police<\/p>\n
submits that the Delhi Police shall favourably consider the above<\/p>\n
suggestions and shall incorporate them in their training to the<\/p>\n
Investigating Officers.\n<\/p>\n
\n
17.       The      Delhi      Police       shall      prepare         a     Motor     Accident<\/p>\n
Investigation Manual which shall incorporate the suggestions<\/p>\n
given by Mr.Arun Mohan and shall place the same before this<\/p>\n
Court.\n<\/p>\n
\n
18.       It is hoped that the implementation of the Claims Tribunal<\/p>\n
Agreed Procedure will start a new era in road accident<\/p>\n
prevention, investigation and compensation.                                   The successful<\/p>\n
implementation of the Claims Tribunal Agreed Procedure shall<\/p>\n
result in payment of compensation to the victims of the road<\/p>\n
      2   also stated as latitude and longitude as degrees, minutes and seconds
\nFAO 842\/2003                                                                        Page 14 of 17<\/span>
\n accidents within 120 days of the date of the accident.     However,<\/p>\n
the success of the Claims Tribunal Agreed Procedure shall depend<\/p>\n
upon the implementation of the scheme by the Delhi Police,<\/p>\n
Insurance Companies, Claims Tribunal and Delhi Legal Service<\/p>\n
Authority in its true letter and spirit.   The Commissioner of Delhi<\/p>\n
Police shall personally look into the selection of good officers and<\/p>\n
proper training to them to ensure that there is no exploitation of<\/p>\n
the victims of the road accidents.          The list of the officers<\/p>\n
responsible for implementation of this Scheme be placed before<\/p>\n
this Court on 8th January, 2010.      All Insurance Companies shall<\/p>\n
appoint a Nodal Officer with adequate knowledge of the principles<\/p>\n
for computation of compensation for successful implementation<\/p>\n
of this Scheme.    The list of Nodal Officers be placed before this<\/p>\n
Court on 8th January, 2010.    The Claims Tribunals and Delhi Legal<\/p>\n
Services Authority shall ensure that just compensation is paid to<\/p>\n
the victims of the road accidents within agreed time frame and<\/p>\n
the quality of justice is not compromised.\n<\/p>\n
19.   Union of India as well as Government of NCT of Delhi are<\/p>\n
directed to issue appropriate directions to their respective<\/p>\n
hospitals instructing them to issue MLC and Post Mortem Report<\/p>\n
within 15 days of the accident in respect of the accidents in Delhi<\/p>\n
between 15th January, 2010 and 14th July, 2010.       Government of<\/p>\n
NCT of Delhi shall also issue directions to the registration<\/p>\n
authorities in terms of the para 5(viii) above.<\/p>\n
20.   Mr. Gopal Subramaniam, Solicitor General of India has, on<\/p>\n
being requested, assisted this Court in arriving at an amicable<\/p>\n
FAO 842\/2003                                              Page 15 of 17<\/span>
\n solution for implementation of a time bound procedure for<\/p>\n
settlement of Motor Accident Claim cases for a period of six<\/p>\n
months as a pilot project.      The learned Solicitor General has also<\/p>\n
submitted that Central Government shall consider granting of<\/p>\n
funds     to   the   Delhi   Police   for   creating   special    cell   and<\/p>\n
paraphernalia for handling of motor accident cases on request<\/p>\n
being made by Delhi Police to the Central Government in this<\/p>\n
regard.\n<\/p>\n
21.   The Ministry of Finance (Department of Insurance), Delhi<\/p>\n
Police and all the Insurance Companies shall also consider giving<\/p>\n
appropriate publicity to this scheme to bring awareness to the<\/p>\n
general public who can take the benefit of the same.                      The<\/p>\n
Director (Insurance) shall also consider nominating an officer for<\/p>\n
due compliance of this scheme by all concerned.<\/p>\n
22.   The Claims Tribunal Agreed Procedure along with the copy<\/p>\n
of this order be sent to all Claims Tribunals through the Registrar<\/p>\n
(Vigilance) of this Court.\n<\/p>\n
23.   Copy of this order be also sent to Delhi Legal Services<\/p>\n
Authority.     Delhi Legal Services Authority shall take steps to<\/p>\n
familiarize the public about this scheme.\n<\/p>\n
24.   Copy of this order be sent to the Secretary, Ministry of Road<\/p>\n
Transport and Highways as well as the Expert Committee<\/p>\n
appointed by the Ministry of Road Transport and Highways,<\/p>\n
through Mr. Atul Nanda, Standing Counsel for Union of India.<\/p>\n
The Expert Committee may consider incorporating this Scheme in<\/p>\n
their report to the Government.\n<\/p>\n
\nFAO 842\/2003                                                     Page 16 of 17<\/span>\n<\/p>\n
 25.   Copy of this order be sent to the Secretary, Ministry of<\/p>\n
Health of the Central Government as well as Government of NCT<\/p>\n
of Delhi through their respective Standing Counsels for issuance<\/p>\n
of appropriate instructions to their respective hospitals.<\/p>\n
26.   Copy of this order be given Dasti to the learned amicus<\/p>\n
curiae, members of this Committee and the counsels for the<\/p>\n
Insurance Companies.\n<\/p>\n
\n
                                                    J.R. MIDHA, J.\n<\/p>\n
DECEMBER 16, 2009
\naj<\/p>\n
FAO 842\/2003                                             Page 17 of 17<\/span>\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Delhi High Court Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 16 December, 2009 Author: J.R. Midha 41 *IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 842\/2003 % Date of Decision: 16th December, 2009 RAJESH TYAGI & ORS. ….. Appellants Through : None. versus JAIBIR SINGH & ORS. ….. Respondents […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[14,8],"tags":[],"class_list":["post-260222","post","type-post","status-publish","format-standard","hentry","category-delhi-high-court","category-high-court"],"yoast_head":"\nRajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 16 December, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/rajesh-tyagi-ors-vs-jaibir-singh-ors-on-16-december-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 16 December, 2009 - 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