Delhi High Court
Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 8 June, 2009
Author: J.R. Midha
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO 842/2003
%
RAJESH TYAGI & ORS. ..... Appellants
Through : Mr. A.K. Singh, Adv.
versus
JAIBIR SINGH & ORS. ..... Respondents
Through : Mr. Manoj R. Sinha, Adv. for R-3.
Ms. Mukta Gupta, Standing
Counsel and Mr. Vikas Pahwa,
Add. Standing Counsel for Delhi
Police.
Mr. V.P. Choudhary, Sr. Adv. and
Mr. Anup Bhambhani, amicus
curiae.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may Yes
be allowed to see the Judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be Yes
reported in the Digest?
ORDER
08.06.2009
1. The DCP (Headquarters) of the Delhi Police has filed the
affidavit dated 3rd June, 2009 in which it was stated that a
meeting was convened by the Commissioner of Police on 30 th
May, 2009. It is stated that various steps are being taken to
ensure the foolproof compliance of the provisions of the Motor
Vehicles Act, 1988 and Central Motor Vehicle Rules, 1999 and
SHOs of all the Police Stations have been directed to comply
with Section 158(6) of the Motor Vehicles Act, 1988 read with
FAO 842/2003 page 1 of 11
Rule 150 and Form 54 of the Central Motor Vehicle Rules, 1999
and the Joint Commissioners of Police, Deputy Commissioners of
Police and Assistant Commissioners of Police have been directed
to closely monitor the compliance.
2. It is further stated in the affidavit that Accident Information
Reports (Forum 54) as well as other information as per Motor
Vehicles Act/Rules is being put on Delhi Police Website
www.delpolice.nic.in and the MACTs/Insurance Companies will
be able to download these reports from the website. It is further
stated that various measures shall be taken as detailed in the
Minutes of the Meeting dated 30th May, 2009 for strict
enforcement of Section 158(6) of the Motor Vehicles Act. The
Commissioner of Police has formulated the following monitoring
mechanism:-
(i) Maintenance of a register at police station level
indicating the details such as FIR Number, date of
dispatch of Form 54 to the learned MACT, etc. A
column containing details of information not
included in Form 54 along with reasons for its non
availability shall also be maintained in the register.
(ii) Delivery of FIR to the Claims Tribunals on the date
of registration.
(iii) Entries in red ink in FIR index about date of
dispatch of AIR.
FAO 842/2003 page 2 of 11
(iv) Checking of AIR (Form 54) dispatch records
mandatorily during six monthly inspections by
Gazetted Officer.
(v) ACsP/SHOs shall forward final reports to the
Magistrate only on production of dispatch of AIR
(Form 54) to the learned MACT, owner and insurer
of the offending vehicle and the victim/his or her
family.
(vi) MACT Monitoring Cell headed by Inspector to be
set up in each District to monitor delivery of AIR
(Form 54) in time.
(vii) Monthly meeting of ACsP, PG Cell, In-charge of
MACT Monitoring Cells with the Claims Tribunals.
(viii) Appointment of Naib Court (a police officer) by
District DCsP with the Claims Tribunals.
(ix) Review of pendency of AIR (Forms 54) by District
DCsP in weekly law and order meeting.
(x) Monitoring of timely delivery of AIR (Form 54)
through new computerized system of Police
Station.
(xi) Placement of AIR (Form 54) on the website so that
it can be downloaded by the Claims Tribunals,
Insurance Companies and claimants.
(xii) Installation of checklist boards in SHOs rooms.
FAO 842/2003 page 3 of 11
(xiii) Establishment of District Cells as pilot project in
three districts.
3. The Delhi Police has also examined the suggestions given
by the learned Amicus Curiae and has accepted some of the
suggestions which are as under:-
(i) Additional information in Accident Information
Report.
The names and addresses of the next of kin shall be
provided in the Accident Information Report.
The information relating to the nature of injuries
suffered by the victim, name and addresses of the
eye-witnesses and particulars of permit and fitness
shall also be provided upon orders of this Court.
(ii) Furnishing of documents along with Accident
Information Report.
The Police has no objection in furnishing the
documents that are available at the time of filing of
the AIR (Form 54). However, the documents which
are not available at the time of filing of the AIR, shall
be furnished immediately upon being received. It is
further submitted that hospitals delay the issuance of
MLC and post mortem reports and, therefore,
directions may be issued to the hospitals to expedite
the issuance of MLC/post mortem report in accident
cases.
FAO 842/2003 page 4 of 11
(iii) Release of offending vehicle on superdari only
after driver and owner have produced all the
relevant documents, namely, driving licence,
registration cover, insurance, permit and
fitness.
The police has agreed to implement this suggestion
upon directions by this Court.
(iv) Production of driver, owner of the offending
vehicle before motor accident Claims
Tribunals.
The police has agreed to implement this suggestion
upon directions by this Court.
(v) Production of eye witnesses before learned
Tribunal.
The directions of this Court are required for
implementation of this suggestion.
4. The undertaking of Delhi Police to strictly enforce Section
158(6) of the Motor Vehicles Act read with Rule 150 and Form
54 of the Central Motor Vehicles Rules and also take additional
measures detailed in the affidavit dated 30th May, 2009 and the
Minutes of Meeting dated 30th May, 2009 is accepted. In terms
of the said undertaking of the Delhi Police, the Accident
Information Report (Form 54) be submitted with the concerned
Motor Vehicles Tribunals within 30 days of the registration of FIR
of accident. The Accident Information Report shall contain the
following additional information:-
FAO 842/2003 page 5 of 11
"14. In case of death: Names and address of the
next of kin of the
deceased.
15. In case of injury: Nature of injuries suffered
16. Names and addresses of the eye-witnesses.
17. In case of transport vehicles:
(i) Particulars of the permit.
(ii) Particulars of the fitness certificate".
5. The Accident Information Report shall be accompanied by
the attested copies of the FIR, site plan, photographs,
registration cover, driving licence, insurance policy, permit and
fitness certificate of the offending vehicle. MLC and Post -
mortem report shall be submitted as soon as they are received.
If any of the aforesaid information or document is not available
at the time of submitting the AIR, the same may be submitted
as soon as the same is received.
6. Simultaneously upon filing of AIR by the SHO with the
Claims Tribunal, the copy of the AIR be furnished to the
Insurance Company along with the aforesaid documents. The
four nationalized companies, i.e. New India Assurance Company
Ltd., Oriental Insurance Company Ltd., United India Insurance
Company Ltd. and National Insurance Company Ltd. have set up
a centralized cell at Oriental House, A-25/27, Asaf Ali Road, New
Delhi-110002 for receiving AIR. The Police shall, therefore, send
FAO 842/2003 page 6 of 11
the copy of the AIR (Form-54) to these insurance companies at
the aforesaid address.
7. The insurance companies shall investigate the claim upon
receipt of the AIR in terms of their Third Party Claim Procedure
Manual and shall submit their reply along with the copy of the
investigation report and the computation of compensation
according to them before the Claims Tribunals within 30 days. If
there is no defence under Section 149 of the Motor Vehicles Act,
1988, the Insurance Company shall deposit the admitted
amount according to their computation with their reply before
the Claims Tribunal. The copy of the AIR furnished by the Police
to the Insurance Company shall be sufficient notice of the
institution of the claim petition before the Claims Tribunal.
8. In view of the aforesaid steps being taken by Delhi Police,
the Motor Accident Claims Tribunals need to set up the following
corresponding procedure:-
(i) Maintenance of a register for recording of the FIR
which shall be received daily from the police stations.
The Accident Information Report and private claim
petition filed in respect of an FIR be marked in this
register.
(ii) Maintenance of a separate institution register for
registering the AIR as miscellaneous application.
FAO 842/2003 page 7 of 11
(iii) Listing of AIR on the judicial side and issuance of
notice to the claimant, owner, driver and Insurance
Company.
(iv) Notice to the claimant, owner and driver be served
through the Investigating Officer.
(v) Notice of Insurance Company be served through the
nominated counsel of each company.
(vi) AIR be listed as a separate category in the cause list
as miscellaneous application.
(vii) After appearance of the claimant, the AIR be
registered as a claim petition.
(viii) If the claimant has filed a separate claim petition, the
AIR be tagged with the claim petition.
9. Copy of this order be sent to all Motor Accident Claims
Tribunals and the Insurance Companies for compliance.
10. It is noted that the reasons for delay in disposal of claim
cases are as under:-
(i) Delay in service of the driver and owner of the
offending vehicle.
(ii) Non-appearance of the driver and owner despite
service.
(iii) Non-production of the driving licence by the driver
and the owner.
(iv) Non-production of the insurance policy, registration
cover, fitness, service and permit by the owner.
FAO 842/2003 page 8 of 11
(v) The plea of the owner that he has sold the vehicle
before the accident.
(vi) Avoidance of liability by the insurance company on
the ground that the driver and owner are not
producing the relevant documents.
(vii) In the case of uninsured vehicles, claimants are
unable to enforce the award against the owner.
11. The delay in disposal of the claim petitions can be avoided
by directing the police and the concerned Magistrate not to
release the vehicle on superdari till the driver and owner
appears before the Clams Tribunals and produce all the relevant
documents and if the vehicle is uninsured, the owner should
furnish sufficient security or the vehicle should be attached
before judgment so that the recovery of the award to the extent
of the value of the offending vehicle is safeguarded. The
Division Bench of this Court has passed an order dated 24 th
September, 2008 in W.P.(Crl.)No.878/2007 titled as Court on
its own motion vs. State to the effect that the blue line buses
shall not be released unless Rs.1,00,000/- is deposited in death
cases with the concerned Magistrate.
12. At the initial stages of the investigation till the offending
vehicle is released on supardari, the driver and the owner of the
offending vehicle are normally in control of the Investigating
Officer of the Police and he can produce them before the Claims
FAO 842/2003 page 9 of 11
Tribunal. Investigating officer also has the full access to the eye-
witness of the accident. The Investigating Officer of the police
can produce the driver and owner before the Claims Tribunal
along with the Accident Information Report under Section 158(6)
of the Motor Vehicles Act before the Claims Tribunal who can
record their statement and verify the documents and if all the
documents are in order, the Insurance Company cannot delay or
dispute the liability. Necessary guidelines in this regard need to
be framed.
13. List before appropriate Bench on 3rd July, 2009 after
obtaining orders of Hon'ble the Chief Justice for appropriate
directions on the following suggestions:-
(i) The Investigating Officer shall produce the driver,
owner and eye-witnesses of the accident before the
MACT along with the Report under Section 158(6) of
the Motor Vehicles Act who shall record their
statement relating to the driving licence, registration
cover, insurance policy, fitness, permit etc. of the
offending vehicle before release of the offending
vehicle to the owner on superdari.
(ii) The motor vehicles involved in the accident shall not
be released on superdari unless the owner and driver
have appeared before the Court of MACT and have
furnished all the relevant documents i.e. driving
FAO 842/2003 page 10 of 11
licence, registration cover, insurance policy, fitness,
permit etc. of the offending vehicle before release of
the offending vehicle to the owner on superdari. If
the vehicle is not insured, the vehicle shall be
released on superdari only after the owner furnishes
sufficient security to the satisfaction of the Court to
pay the compensation or at least equal to the value
of the vehicle.
J.R. MIDHA
(VACATION JUDGE)
JUNE 8, 2009
FAO 842/2003 page 11 of 11
