Delhi High Court
Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 8 January, 2021
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 8th January, 2021
+ FAO 842/2003
RAJESH TYAGI & ORS. ..... Petitioners
Through:
versus
JAIBIR SINGH & ORS. ..... Respondents
Through: Mr. Kirtiman Singh, Standing
Counsel for Central Government with
Mr. Waize Ali Noor, Advocate.
Mr. Rahul Mehra, Standing Counsel
for Delhi Police with Mr. Chaitanya
Gosain, Advocate and Mr. Rajesh
Deo, DCP-Legal Cell (PHQ) of Delhi
Police
Mr. H.S. Phoolka, Senior Advocate as
Amicus Curiae.
Mr. Sidharth Luthra, Senior Advocate
as Amicus Curiae with Mr. Arjun,
Advocate
Mr. Vikas Pahwa, Senior Advocate as
Amicus Curiae with Mr. Sumer Singh
Boparai, Advocate
Mr. Satyam Thareja, Advocate as
Amicus Curiae
Mr. Rajshekhar Rao, Advocate as
Amicus Curiae with Ms. Aanchal
Tikmani, Advocate
Ms. Prabhsahay Kaur, Advocate for
Bachpan Bachao Andolan with Ms.
Sampurna Behrua, Director (Legal) of
Bachpan Bachao Andolan
Mr. S.P. Jain, Advocate for Go Digit
GIC
Mr. Gautam Jha, Advocate for GIC
Signature Not Verified FAO 842/2003 Page 1 of 62
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Mr. Navneet Kumar, Advocate for
Bharti Axa GIC Ltd. and Magma HDI
Mr. Ankit Kalra, Advocate for ICICI
Lombard GIC Ltd.
Mr. Deepak Gupta, Advocate for
HDFC Ergo
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT
1. In Concord of India Insurance Co. Ltd. v. Nirmala Devi, (1979) 4
SCC 365, Justice Krishna Iyer observed as back as in the year 1979 that an
explosive escalation of automobile accidents accounts for more deaths than
the most deadly diseases which has become a lethal phenomenon on Indian
roads everywhere. Justice Krishna Iyer further observed that automatic
reporting of the accident by the police in a statutory pro-forma signed by the
claimants to the Claims Tribunal would banish the legal delays in this
compassionate jurisdiction. The relevant portion of the judgment is as under:
―1. An explosive escalation of automobile accidents,
accounting for more deaths than the most deadly diseases, has
become a lethal phenomenon on Indian Roads everywhere. The
jural impact of this tragic development on our legislatures,
courts and law enforcing agencies is insufficient, with the result
that the poor, who are, by and large, the casualty in most of
these cases, suffer loss of life or limb and are deprived of
expeditious legal remedies in the shape of reasonably
quantified compensation promptly paid -- and this, even after
compulsory motor insurance and nationalisation of insurance
business. The facts of these special leave petitions which we
dismiss by this order, raise two serious issues which constrain
us to make a speaking order. The first deals with legal rights,
literacy in the case of automobile accidents and the processual
modalities which secure redressal of grievances. The second
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SINGH KARKI
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relates to the consequences of negligence of counsel which
misleads a litigant into delayed pursuit of his remedy.
2. Medieval roads with treacherous dangers and total
disrepair, explosive increase of heavy vehicles often terribly
overloaded and without cautionary signals, reckless drivers
crazy with speed and tipsy with spirituous potions, non-
enforcement of traffic regulations designed for safety but
offering opportunities for systematised corruption and little else
and, as a cumulative effect, mounting highway accidents
demand a new dimension to the law of torts through no fault
liability and processual celerity and simplicity in compensation
claims cases. Social justice, the command of the Constitution is
being violated by the State itself by neglecting road repairs,
ignoring deadly overloads and contesting liability after
nationalising the bulk of bus transport and the whole of general
insurance business. The jurisprudence of compensation for
motor accidents must develop in the direction of no-fault
liability and the determination of the quantum must be liberal,
not niggardly since the law values life and limb in a free
country in generous scales. In the present case, a doctor and
his brother riding a motor cycle were hit by a jeep driver and
both were killed. The fatal event occurred in November 1971,
but the Motor Accident Claims Tribunal delivered judgment
five years later awarding sums of Rs 80,000 and Rs 73,500 to
the two sets of claimants.
3. The delay of five years in such cases is a terrible commentary
on the judicial process. If only no-fault liability, automatic
reporting by the police who investigate the accident in a
statutory pro-forma signed by the claimants and forwarded to
the tribunal as in Tamil Nadu and decentralised empowerment
of such tribunals in every district coupled with informal
procedures and liberation from court fees and the sophisticated
rules of evidence and burden of proof were introduced -- easy
and inexpensive if the State has the will to help the poor who
mostly die in such accidents -- law's delays in this
compassionate jurisdiction can be banished. Social justice in
action is the measure of the State's constitutional sensitivity.‖
(Emphasis supplied)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
2. India has a dubious distinction of having the highest number of road
accidents. According to the latest Report of Ministry of Road Transport and
Highways, 4,49,002 road accidents were reported in 2019 resulting in
1,51,113 deaths and 4,51,361 injuries i.e. an average of one road accident
every 1.17 minute resulting in one death every 3.47 minute, which is the
highest in the world. Road accidents are a human tragedy which involves
enormous human suffering and they impose huge socio-economic costs in
terms of untimely deaths, injuries and loss of potential income. The
ramifications of road accidents can be colossal and its negative impact is felt
not only on individuals and their families but also on the economy. Road
safety is an important issue of national concern.
3. Vide judgment dated 16th December, 2009, hereinafter referred to as
Rajesh Tyagi - I, this Court formulated the Claims Tribunal Agreed
Procedure for time bound settlement of motor accident claims within 90 to
120 days which was implemented w.e.f. 02nd April, 2010. In Delhi alone,
about 21,820 accident cases were filed between 02nd April, 2010 to August,
2012 out of which the Claims Tribunals awarded compensation in 10,762
cases within 90 to 120 days by following the Claims Tribunal Agreed
Procedure. The Claims Tribunal Agreed Procedure has revolutionized the
motor accident compensation law inasmuch as the claimants get the
compensation within 120 days of the accident without the need of filing a
claim petition.
4. In Rajesh Tyagi - I, this Court directed Delhi Police to prepare
Accident Investigation Manual to implement the Claims Tribunal Agreed
Procedure in pursuance to which the Delhi Police prepared Accident
Investigation Manual which was accepted on 17th March, 2010. Relevant
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
portion of the order dated 17th March, 2010 is reproduced hereunder:-
―1. The learned amicus curiae has examined the Manual for
training of Investigating Officers prepared by the Delhi Police. The
Court has also examined that Manual which is very comprehensive
and satisfactory. The Manual prepared by the Delhi Police is
accepted. The Delhi Police has done a commendable work in
compilation of Manual for training of the Investigating Officers.
The learned Additional Standing Counsel for Delhi Police submits
that the Manual has been prepared by the team of police officers
headed by Mr. Dharmender Kumar, Joint Commissioner, New
Delhi Range‖
5. In Mayur Arora v. Amit, 2011 (1) TAC 878, this Court noted that
Delhi Police issued a Standing Order No. 157 of 2008 on 14 th August, 2008
and also prepared Accident Investigation Manual and Check-list for
investigation of motor accident cases. The operative portion of the Accident
Investigation Manual, Standing Order No. 157 of 2008 and Check-list of
Delhi Police are Annexures II, III & IV respectively to the judgment of
Mayur Arora v. Amit (supra). Relevant portion of the judgment is as under:-
―16.1. The Delhi Police has issued Standing Order No.157/2008
with respect to the investigation of road accident cases on 14th
August, 2008. The Delhi Police has also prepared a Manual for
investigation of motor accident cases in pursuance to the directions
issued by this Court in the case of Rajesh Tyagi vs. Jaibir Singh,
FAO.No.842/2003. The Delhi Police has also compiled a check list
for investigation of the accident cases. The police shall follow the
same while investigating the motor accident cases. The copies of the
operative portion of the Manual, Standing Order and the checklist
of Delhi Police are attached to this order as Annexures II, III & IV
respectively for ready reference by the Claims Tribunals.‖
6. In Rajesh Tyagi -I, this Court considered the suggestions of Dr. Arun
Mohan, learned Amicus Curiae and directed Delhi Police to incorporate
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
them in the training manual. Relevant portion of the judgment dated 16 th
December, 2009 is reproduced hereunder:
―13. Mr. Arun Mohan, Senior Advocate has some suggestions for the
Delhi Police for expeditious investigation of the accident cases. The
suggestions of Mr. Arun Mohan are as under:-
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 Officer's) mobile phone;
2. from the driver's 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 victim's mobile phone.
After these calls, there be another call from the Investigating
Officer's 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 driver's mobile phone. If no number is displayed,
the Investigating Officer ought to seize the mobile phone.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Identification of the mobile phones in use at the time of the
accident and accessibility through the service provider to driver's
(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.; driver's 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 Officer's mobile number and e-mail will also be
entered.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
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.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Lastly The police could consider making available web-connected
(Fourth) mobile phones with camera which can take photographs
of the vehicle, number-plate, chassis-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 degree, minutes and seconds].
xxx xxx xxx xxx
17. The Delhi Police shall prepare a Motor Accident Investigation
Manual which shall incorporate the suggestions given by Mr. Arun
Mohan and shall place the same before this Court.‖
(Emphasis Supplied)
7. On 14th February, 2020, this Court directed Delhi Police to implement
the aforesaid suggestions recorded in Rajesh Tyagi - I w.e.f. 15th April,
2020. Relevant portion of the order dated 14 th February, 2020 is reproduced
hereunder:
―7. This Court is of the view that all the suggestions recorded in
para 13 of the judgment dated 16th December, 2009 are necessary
to be implemented. The Delhi Police is directed to implement para
13 of the judgment dated 16th December, 2009 with effect from 15th
April, 2020.‖
8. On 14th February, 2020, this Court directed the pilot project
mentioned in the order dated 13th December, 2019 to be implemented in
respect of death cases in motor accidents in New Delhi District w.e.f. 15th
April, 2020. Relevant portion of the judgment dated 14th February, 2020 is
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
reproduced hereunder:
―12. The pilot project mentioned in the order dated 13 th December,
2019 is directed to be implemented in respect of death cases in a
motor accident in New Delhi District with effect from 15 th April, 2020.
The Investigating Officer shall expeditiously (on the date of accident)
upload FORM - I of the order dated 07th December, 2018 (Intimation
of the Road Accident by the Investigating Officer to the Claims
Tribunal and the Insurance Company) and the photographs of the
accident site in respect of all the accidents relating to the death of a
person in a road accident in New Delhi District on the mobile
application (if the Mobile application is not set up by 15 th April, 2020,
then to the dedicated phone number to be provided by GIC). Upon
receipt of such intimation, the GIC shall immediately
nominate/appoint a surveyor as well as Investigator to visit the site.
The Investigator shall verify all relevant facts relating to the accident
whereas the surveyor shall inspect the vehicle. The investigator shall
submit a report with respect to the negligence of the driver of the
offending vehicle as well as the name, age, occupation, income and
family members of the deceased victim and other relevant details
whereas the surveyor shall submit a report with respect to the
mechanical inspection about accident to the concerned Insurance
Company. The Investigator and Surveyor shall carry out their work
without interfering in the work of the Investigating Officer. The
Investigating Officer shall collect the relevant documents, verify the
same and submit a Detailed Accident Report (DAR) to the Claims
Tribunal as expeditiously as possible. If the Insurance Company is
satisfied with respect to the negligence of the offending vehicle, the
concerned insurance company shall compute the compensation and
submit a report to the Claims Tribunal in FORM - III of the order
dated 07th December, 2018 as expeditiously as possible. The Claims
Tribunal shall decide such cases as expeditiously as possible,
preferably within 30 days from the date of accident.‖
9. Vide order dated 18th January, 2018, this Court directed Delhi Police
to implement the Detailed Accident Report (hereinafter referred to as DAR)
procedure on the same lines as is being done in Tamil Nadu. On 14th
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
February, 2020, it was submitted on behalf of Delhi Police that a web based
mobile application has to be developed to comply with the above directions.
This Court constituted a Committee to develop the mobile/web application.
Relevant portion of the order dated 14th February, 2020 is reproduced
hereunder:
―8. Vide order dated 18th January, 2018, this Court directed Delhi
Police to implement the DAR procedure on the same lines as is being
done by the Tamil Nadu. However, the same has not been done till
date. Delhi Police is directed to implement para 3 of the order dated
18th January, 2018 with effect from 15th April, 2020. The Delhi Police
is at liberty to the assistance of Ms. Seema Agarwal, I.P.S. who was
instrumental in implementation of the Special Scheme in Tamil Nadu
under the orders of Madras High Court. Para 3 of the order dated
18th January, 2018 is reproduced hereunder:
―3. In Cholamandalam MS General Insurance Company Ltd.
v. The Inspector of Police, 2017 SCC OnLine Mad 3860:
(2017) 5 CTC 355, Justice P.N. Prakash of Madras High Court
has passed directions for implementation of the DAR procedure
by directing the registration of FIRs and uploading of DAR and
the relevant data on the website of Tamil Nadu Police for the
immediate access of the same by the Claims Tribunals, Legal
Services Authority, Insurance Companies and the
litigants/claimants. This Court is of the view that it would be
appropriate for the Delhi Police to implement the DAR
procedure on the same lines in which it is being implemented in
Tamil Nadu. Delhi Police may seek necessary assistance, if
required, from the Tamil Nadu Police in this regard. Relevant
portion of the judgment dated 12th September, 2017 is
reproduced hereunder: -
6. The Supreme Court has taken note of the DAR regime
or Agreed Procedure as it was christened, forming part
of the order dated 13/5/2016 as Ex.R5 in Jai Prakash vs.
National Insurance Co Ltd., and made it applicable Pan
India by virtue of its orders. This Court took note of the
said development and directed the Director General of
Police to implement the DAR regime within the State of
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SINGH KARKI
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Tamil Nadu also. It is in furtherance to these
developments that circular dated 2/1/2017 came to be
issued by the Office of the Director General of Police.
The DAR regime was conceived and tweaked and
implemented thanks to the proactive ways of the Delhi
High Court and in particular the passionate involvement
from Justice J.R.Midha, it became a practical reality
within Delhi on and from 1/2/2015.
7. It is pertinent to note that Delhi High Court put
together the DAR regime and devised the Agreed
Procedure for implementation, not only for the purpose
of expeditious disposal of motor accident claims but also
to ensure that false and fabricated claims or manufacture
of false records were avoided. While the Motor Vehicles
Act, 1988, has provided the basic framework for the
filing of a motor accident claim in the pursuit of just
compensation, it is the Delhi Motor Accidents Claims
Tribunal Rules, 2008, which related to the actual
procedure for conduct of the proceedings before the
Claims Tribunals at Delhi.
8. The Delhi High Court conceived and devised DAR
regime or Agreed Procedure, forming part of order dated
13/5/2016 in Jai Prakash vs. National Insurance Co. Ltd.
of the Apex Court as Ex.R5, now forms part of the Delhi
MACT Rules, 2008, as notified by Delhi administration.
It is this Ex.R5 which is now made applicable Pan India
by the Supreme Court by its orders.
9. The DAR regime in Delhi is implemented physically. It
is a manually devised procedure/regime which is in
vogue in Delhi. It is gathered that there are only 6 Motor
Accidents Claims Tribunals, in all, in Delhi and specific
Police Stations which capture the FIRs relating to the
accidents arising thereto. So, manual implementation of
DAR is plausible and within a controllable geographical
construct. But, in the course of these proceedings, the
Tamil Nadu Police administration brought to the notice
of this Court that already the State Crime Records
Bureau, under the aegis of the Office of the Director
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General of Police, was already in the midst of developing
a software, since 2014, for the purpose of registering
FIRs and uploading data and controlling the regime
related to it, on online basis in Tamil Nadu (on Tamil
Nadu Police website-www.eservices.tnpolice.gov.in).
SCRB was already in the course of fine-tuning this online
regime, which was deemed fit and proper to tap into for
an online DAR regime, for all practical purposes rather
than a physical regime. This Court chose to allow the
embracing of technology already in place, for
implementing the DAR regime as the way to go. Such
online mechanism did not, in any way, detract from the
mandated implementation of the DAR regime and
instead, it enhanced the value and utility arising from its
operation. In the face of the that there are 1,827 Police
Stations, including 200 All Women Police Stations
(AWPS), 266 Traffic Police Stations and 27 Police Out
Posts, as per Government of Tamil Nadu Tamil Nadu
Police Policy Note-2016 and there are in all 1,014 courts
in the State, of which, around 289 are Claims Tribunals,
and also more than 1/3 of them as Judicial Magistrates,
as per Government of Tamil Nadu Policy Note 2016-17,
physical implementation of the DAR regime would
stretch the available manpower and resources and make
it difficult for sure and strict compliance. Incidentally, on
enquiry, this Court is proud to be informed that after
Delhi, pursuant to the orders of the Apex Court, only in
Tamil Nadu, DAR regime has come to be implemented in
the entire country and Tamil Nadu can pride itself of the
technology marvel. Access to hundreds of Police
Stations, Claims Tribunals, Judicial Magistrate Courts,
Legal Service Authorities, a key to the efficacy of the
implementation of DAR regime, has become a realizable
reality thanks in the main to the online platform. The
SCRB initiative, plugged into, needs commendation on
every count.
SOFT VERSION OF DAR REGIME
11. While so, as far as Tamil Nadu is concerned, SCRB
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was already engaged in developing its online platform in
relation to criminal law jurisdiction, right from the
registration of FIRs and beyond. When the order of this
court dated 17/8/2016 came, it was a timely one for the
SCRB and the Office of the Director General of Police to
tweak the developing online platform to cater to the
implementation of the DAR regime. This Court saw
immense merit in the said practice and readily allowed
the dispensation to go online as a soft version of the DAR
regime, for all round benefit.
12. SCRB took the trouble of demonstrating its online
platform as captured in the circular dated 2/1/2017 of the
Office of the Director General of Police to this Court and
this Court was satisfied, as duly recorded, in its order
dated 5/1/2017 that DAR regime was an online platform
based implementation in lieu of the physical or manual
version of it, as practised in Delhi. A run through of the
DAR compilation, in its online avatar of SCRB, would
reveal that every syllable or information required to be
compiled (as per Annexure Ex.R5) identified in order
dated 13/05/2016 of Supreme Court in Jai Prakash vs.
National Ins Co Ltd. is put together online itself. The
DAR regime as implemented in Tamil Nadu is nothing
but a soft version of the hard version of it in Delhi.
13. Technology is the way to go. Digitisation is the key
for advancement in the lives of human beings too. E-
Courts are here to stay. Ordinary litigants are able to
access the case details and status thereof and even tuck
into the daily orders or final orders, have easy access,
from the confines of their homes. There is a certain
element of open and transparent regime infusing the
needed dose of it in the administration of justice. Motor
accidents claims require a huge dose of it, no doubt
about the same. Victims of motor accidents or claimants,
as the case may be, already traumatized would hugely
benefit if the compilation of documents required to
pursue a claim for just compensation are readily
accessible to them. Equally, if the stakeholders thereto,
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be it owners/drivers of motor vehicles or insurance
companies or transport corporations, are provided ready
access, the documentation, investigated independently
and verified for veracity, it would go a long way in
enabling early closure of claims, even by way of
compromise. That is actually the purport and import of
the order dated 13/5/2016 made in Jai Prakash vs.
National Insurance Co. Ltd. of the Apex Court. That is
more than adequately achieved by the DAR regime and
when it is an online platform and technology-driven, its
impact could be immediate and immense.
xxx xxx xxx
BENEFITS OF E-PLATFORM
15. We live in technological times. Law may be last and
lagging in embracing technology. But benefits of tapping
into technology would enhance the benefits flowing from
judicial administration. It may be trite to lay down the
benefits as they are too well known and obvious. This
Court is aware of the decision in United India Insurance
Co. Ltd. v. Sagicor Capital Life Insurance Co. Ltd. [2013
(2) CTC 408 (Mad.)] where a suggestion was made by
this Court for payment of court fees online. Taking cue,
Notifications have been issued pursuant to the
amendments to the law for payment of court fees online.
Yet, it is reported that E-payment of court fee regime is
not in yet, and it may be time for the powers that be to
complete the circle for ushering in the era of
transparency in a key area. No wonder, this Court, vide
dated 20/7/2015 in Royal Sundaram Alliance Ins Co. Ltd.
vs E Priya (CMA No. 1298/2015) and in Oriental
Insurance Co. Ltd. vs. Rajesh (CMA No. 428/2016 dated
11/3/2016), has mandated the use of Digital transfer or
NEFT/RTGS transfer of compensation payable by
insurance companies and transportations to be deposited
into the accounts of the courts directly and also
disbursement of compensation to claimants/victims also
by a similar transfer to their bank accounts. The
claimants are required to furnish as part of the claim
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documents, their bank account details and even PAN
Card and (where they are possessed of it) and this
enables Direct Bank Transfer to the accounts of the
claimants/victims. The claimants/victims get to handle
the compensation sums by themselves and exercise full
control of it, without fear of ‗leakage' which was
rampant in this jurisdiction. In fact, this Court feels that
be it a motor accident claim or a land acquisition claim
or even a matrimonial dispute or any litigation involving
the need for deposit and disbursement, time may have
come to digitize the operations for easy and smooth
transfer and an open, transparent regime. Sunlight, they
say, is the sure and certain disinfectant. It may be a fit
and proper circumstance for the Hon'ble Chief Justice
and Court administration to come up with a
comprehensive directive for implementing this Direct
Benefit or Bank transfer regime, across all jurisdictions
involving and requiring similar deposit of sums and
disbursement of it akin to motor accident claim
jurisdiction and also expedite the E-court Fee regime
and possibly an E filing of cases too. This suggestion is
placed with utmost respect before the Hon'ble Chief
Justice for appropriate consideration.
16.In addition to the above, in the field of motor
accidents claims, this Court has also introduced a regime
of reference of injured claimants to District Medical
Boards for issuance of certificate of disability for
uniform, consistent assessment. By order in CMA
No.2380/2015 dated 12/4/2016 in Tata AIG General Ins
Co. Ltd. vs. Prabhu, this new dispensation was put in
place as of 1/8/2016. While clarifying the purport and
import of the said order, by order dated 25.11.2016, this
Court, while reiterating and commending the regime,
also suggested use of digital way for transfer of medical
records and receipt of certificates of disability. The utility
of a techno-savvy platform was highlighted.
17. A combined reading/implementation of DAR regime -
which is a technology platform, allied with reference of
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the victims to Medical Board, as a matter of rule for
availing certificates of disability, and on grant of just
compensation, the transfer of the same as digital transfer
to the bank accounts of the victims, would be a huge and
transformational change. Providing such avenues may
not suffice. The stakeholders need to be made aware of
and be ready and willing to take full advantage of it.
Once there is exposure and experience of this well-oiled
systemic change, the benefits that flow to ease the lives of
the traumatized victims would be immense and deserving.
In fact, this Court feels that the courts below, which are
the beneficiaries to this ready access, need to be
sensitized to its uses and benefits and SCRB even took the
initiative of a Lecture-Demonstration to Judicial Officers
in Chennai and its suburbs at the Tamil Nadu State
Judicial Academy. May be, it would make sense to
introduce and familiarize the concerned Judicial
Officers, elsewhere in Tamil Nadu also, with this new
technological regime, which if accessed by them with
intent and alacrity, would enable them to advance in
their careers too with a better performance. Ultimately,
Justice Hand could be falsified by Courts of Law turning
into ―Courts of Justice‖ after all.
INITIAL IMPLEMENTATION OF DAR REGIME
18. By order dated 13/4/2017, this Court while recording
the chronology of events, also adverted to the role that
technology played and could play in the administration
of justice vis a vis a series of verdicts from the Supreme
Court as well. It therefore readily commended the SCRB
on line platform for implementing the DAR regime. The
online platform has gone live from 1/3/2017 and it has
been opened up for insurance companies and transport
corporations. Till date, this Court is informed that 13
insurers have registered themselves and are regularly
making use of the uploaded data. Transport
Corporations, to whom also this service was extended,
have also sought registration for availing this facility. As
far as Motor Accidents Claims Tribunals are concerned,
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289 of them have been given links, as well as 58 Legal
Service Authorities by SCRB till date, thanks to the IT
efforts of this Court and the service is available for them
for free. Equally, it is gathered that between 1/3/2017
and 11/09/2017, around 18,000 claims related data, have
been uploaded and made accessible to the stakeholders,
in question. DAR compilation as mandated by law, is an
online reality and instead of the physical version as in
Delhi, now, the version in Tamil Nadu is a soft one.
Counsel for insurance companies have expressed
satisfaction at the performance of the platform thus far
and readily admit that it has enabled the insurers to
handle claims better, with confidence, and made it
possible to seek closure also early.
19. The order dated 13/5/2016 of the Apex Court made in
Jai Prakash vs. National Insurance Co. Ltd. vide
implementation of the DAR regime, is now a reality in
Tamil Nadu, not in the physical or hard copy format but
an online version of it. This Court is immensely satisfied
that the online version is an improved version and not a
belittled version and DAR compilation is in accord with
the legal mandate. Instead of physically compiling the
documents and capturing the information, SCRB is
uploading the data for ready access of the stakeholders.
Even assuming that the Claims Tribunals were actually
not registering claims upon such uploaded DAR regime,
they have no hurdle to download the compilation,
register the case, give it a number and issue notices to
the parties therein and process and dispose of the claim
as if a claim petition was filed, wherever claims have not
already been filed. The physical filing of the DAR
compilation is replaced in Tamil Nadu by the online
avatar, in precept, but, in practice, it is but
implementation of DAR regime as it is perceived and
mandated to be. SCRB deserves wholehearted
appreciation for its readiness to comply with the legal
mandate and tweaking their online platform to put in
place a version to accommodate the DAR regime without
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any let or hindrance. Hats off to all those who are
involved and engaged in this noble endeavour for the
larger interest of the affected victims.
20. Motor accidents jurisdiction is quite peculiar from
the point of view of specialised practitioners in Tamil
Nadu. It has been brought to the notice of this Court in
course of demonstration of DAR compilation and
settlement of 7 claims on that basis and the Delhi regime
where the DAR report when filed being registered as a
claim petition, that in Tamil Nadu, scope or need for
such filing/registration of MCOPs based on DAR
compilation, seems otiose or meaningless. Even well
before the DAR compilation is made and uploaded,
however fast, within even 30 days and 60 days in many a
case, already claim petitions get filed before Claims
Tribunals and advocates are already on record. It is as if
along with first-aid to the traumatized victims, vakalats
are obtained and claims filed in Tamil Nadu, as a matter
of rule and the Police administration is even put on
notice of the advocates-on-record even while they upload
the data in this DAR regime. So, this Court is satisfied
that online implementation of DAR does not, in any way,
detract from the merits of the DAR regime from its
physical filing format. Hence, the online version of DAR
regime, as implemented in Tamil Nadu, passes the
crucible of being an online version of DAR regime (in
line with Ex.R5 as in order dated 13/05/2016 of the order
of the Supreme Court in Jaiprakash v National Ins. Co.
Ltd.) In fact, as times move, this Court is inclined to
believe that this online version may be the way to go for
implementation of DAR regime and SCRB may have a
‗saleable product' on their hands to offer to other States
across India, who also may come within the binding
mandate for implementation of the DAR regime.
Possibly, if the Apex Court was put on notice of this
online version of DAR regime implementation, they may
well commend its replication for rest of India,
considering the keenness of the Apex Court in embracing
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technology.
FULL FLEDGED IMPLEMENTATION OF DAR
REGIME:
21. While the Motor Accidents Claims Tribunals were
afforded access first, and then Legal Services Authorities,
and then insurance companies and transport
corporations, SCRB took time to provide access to the
victims/claimants and owners/drivers (who could be
christened as accused at one level). SCRB has now
completed the circle by providing access to the last
segment also at a low price on and from 31/8/2017,
within the promised dateline or mandated timeline of this
Court. It adds a feather to the cap of SCRB for not only
conceiving this facility but ensuring its implementation
without any time overruns as well. Tamil Nadu Police
can take pride that they have met the mandate of law and
leading the way as the first and only State as on date in
implementation of DAR regime.
22. The claimants/victims and owners/drivers, when they
are registered and their details captured with mobile
numbers, are given an One Time Password (OTP) with
which they can have access to the uploaded DAR
compilation for a small fee of Rs.10/- per document. In
fact, if there is proper marketing of this dispensation and
the ordinary citizen becomes aware, possibly, just
possibly, the sale and purchase of victims as commodities
may cease and the claimants/victims may get full control
over their lives and claims to seek their own counsel and
file claims of their choice, rather than being peddled as
commodities for a price, immediately upon an accident,
and being more often than not compelled, to file claims
through a select community of practitioners who
dominate the jurisdiction. So, the benefits flowing from
this DAR regime are limitless except that it is for the
stakeholders to appreciate, assimilate, understand and
utilize it to their benefit. SCRB may be doing their job by
uploading the data and offering it on a platter to the
stakeholders, all of them, in particular, the
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claimants/victims, at their door step. If the
claimants/victims become aware of this facility and wait
a wee bit, they can avoid themselves being sold as
―commodities‖, since access to documentation under the
DAR regime is within their grasp to take full control of
their claims. But, if the claimants/victims fail or refuse to
take advantage of this wonderful dispensation, we would
still not be failing in our duty, for claimants/victims may
be failing themselves. We can take the horse to the water
but it is for the horse to drink for we cannot coerce it into
doing so.
EXTENSION OF DAR REGIME TO VICTIM
COMPENSATION SCHEME:
23. Thus, SCRB seems to have complied with the
mandate of law in the implementation of the DAR regime.
This Court sought to tweak the DAR regime for the
benefit of the victims in relation to Sec.357-A of Cr.P.C.
vis-a-vis Tamil Nadu Victim Compensation Scheme, 2013
as well. SCRB has merely to provide access to the
Judicial Magistrates handling the crimes relating to
motor accidents for them to make use of the same in
assessment and award of compensation. In effect, any
which way the DAR regime could be implemented
effectively and put in place, in its online avatar, as
distinguished from the physical form as enacted in Delhi,
has been accomplished thanks to the innovative and
endeavouring ways of SCRB.
SUMMATION:
24. The journey this Court set off on 17/8/2016 has now
culminated with a Status Report from SCRB dated
08/09/2017. In paragraph no.10 of the status report, it is
indicated that, as directed by this Court, extension of
services is being made to State Transport Corporations
also. While so, letter dated 08/09/2017 in Rc.No.D-
X/2386/SCRB/2016, has been brought to the notice of
this Court that such services have now been extended to
State Transport Corporations also. This letter shall form
part and parcel of the status report. Hence, the circle is
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now complete. It is now a recorded and realistic fact that
DAR regime is in vogue, up and running as mandated by
the order of the Supreme Court dated 13/5/2016 and as
triggered within this State by orders of this Court. The
DAR regime, as practiced and implemented with SCRB at
the apex, is a vastly improved and improvised version of
the DAR regime as on online platform. It is no different
from the DAR regime in its physical format, in content.
The online platform vis-a-vis DAR regime went live from
1/3/2017. It has granted access to Claims Tribunals,
Legal Services Authority and insurance companies and
transport corporations on and from 1/3/2017 itself.
Thereafter, now, SCRB has completed the compliance
with their obligation by providing access to the
claimants/victims and owner/drivers as well on and from
31/8/2017. It is good that the implementation of the DAR
Regime and allied facility, have been publicized on
31/8/2017 in all districts of Tamil Nadu and in Chennai
on 1/9/2017, under the leadership of the respective
Commissioners of Police. Good causes should never
shun publicity and instead, ought to embrace it for
widening the base and its sphere of influence, in public
interest. The online platform, SCRB suggests is running
well and the stakeholders are by and large satisfied.
Insurance companies appear to be the largest
beneficiaries in having DAR regime documentation on
their tables at the click of a key and it is only but fair that
they use it not to their advantage exclusively but be
forthcoming to try and compromise as many accident
claims as possible to ease the pressure on the existing
pendency. Hope the insurers would reciprocate the
benefits that have come their way since the litigation they
mounted has culminated in these developments. In any
new concept and compliance, with a high end
technological tweak, there is bound to be technical
glitches which SCRB promises will be attended to all the
time. They have as a permanent fixture provided the
name, address and identity of the entity who would be
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available on line to attend to grievances and redressal
thereof.
25.In fine, this Court is more than satisfied that SCRB
has, in fact and reality, implemented the DAR regime as
they were obliged to, but as an online platform. The form
is different from Delhi, which is physical. In all other
respects, the content being one and the same, the SCRB
effort is a sure shot improved one and possibly worth
replicating Pan India. In fact, if the Apex Court becomes
aware of this online venture of the implementation of
DAR regime, it may even consider recommending its
implementation across India, as being paperless is the
way to go, as the Apex Court has itself demonstrably
noted on 3rd July, 2017, going paperless itself on a trial
run basis. SCRB has done a commendable job of what it
was directed to do and one fervently hopes that all the
stakeholders would take full advantage of what is on
offer for the lasting benefit of the community of motor
accidents victims, to seek early closure of their claims for
just compensation and to come out of a traumatized event
and circumstances, as early as possible and possibly rid
the jurisdiction of the pernicious practice of false and
fabricated motor accidents claims and falsification of
records. A successful uploading and implementation of
DAR regime would be testimony to the orders of the Apex
Court in commending its application throughout India.
26. With these words, this Court commends the
application of DAR regime as proposed for the entire
State in its online version as constituting full compliance
with the mandate of the decision of the Supreme Court
dated 13/5/2016 in Jai Prakash vs National Insurance
Co. Ltd. and as per the directions of this Court
commencing from 16/8/2016 and culminating in this
order. This Court commends the efforts of all those
involved in implementation of the DAR regime and taking
strenuous efforts to make a success of the regime for the
lasting benefit of the innocent motor accidents victims to
deliver on the promise of social justice as a
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Constitutional principle.
(Emphasis Supplied)
9. Mr. Rajesh Deo, learned DCP, Legal Cell present in Court
submits that it is necessary to develop a web based mobile application
to comply with the directions of this Court.
10. A Committee comprising of Mr. S.S. Rathi, Registrar of
Supreme Court; Mr. Rahul Mehra, Senior Standing Counsel for Delhi
Police; Mr. Rajesh Deo, DCP (Legal Cell), Delhi Police; and Mr.
Satyam Thareja, learned amicus curiae is constituted for development
of the mobile/web application in consultation with all the
stakeholders. Mr. S.S. Rathi, Registrar, Supreme Court shall be the
Convenor of the said Committee and first meeting shall be convened
within three weeks.‖
10. In Mayur Arora v. Amit (supra), this Court explained the scope of
inquiry under Sections 168 and 169 of the Motor Vehicles Act as under:-
―10.1. The inquiry contemplated under Section 168 of the Motor
Vehicles Act, 1988 is different from a trial. The inquiry
contemplated under Section 168 of the Motor Vehicles Act arises
out of a complaint filed by a victim of the road accident or an AIR
filed by the police under Section 158(6) of the Motor Vehicles Act
which is treated as a claim petition under Section 166(4) of the
Motor Vehicles Act. These provisions are in the nature of social
welfare legislation. Most of the victims of the road accident belong
to the lowest strata of the society and, therefore, duty has been cast
upon the police to report the accident to the Claims Tribunal and
the Claims Tribunal is required by law to treat the Accident
Information Report filed by Police as a claim petition. Upon receipt
of report from the police or a claim petition from the victim, the
Claims Tribunal has to ascertain the facts which are necessary for
passing the award. To illustrate, in the case of death of a victim in a
road accident, the Tribunal has to ascertain the factum of the
accident; accident having being caused due to rash and negligent
driving; age, occupation and income of the deceased; number of
legal representatives and their age. If the claimants have not
produced copies of the record of the criminal case before the
Claims Tribunal, the Claims Tribunal is not absolved from the duty
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to ascertain the truth to do justice and the Claims Tribunal can
summon the investigating officer along with the police record.‖
11. In Mayur Arora v. Amit (supra), this Court laid down the following
principles relating to the nature of inquiry under Sections 168 and 169 of the
Motor Vehicles Act:
―13.1. On a fair reading of the statute, the wide power given to the
Tribunal, the absence of ‗onus' upon the claimant, the general
position of the claimants and their wherewithal with the social
obligation of the welfare State, all indicate that the procedure of the
Claims Tribunal has to be Inquisitorial though keeping in view that
most other procedures in the country are Adversarial, it would be
proper to conceive and put in practice something which is a mix of
the two.
13.2. To explain the difference, the Claims Tribunal would not be
simply passive, give both the parties sufficient opportunity to adduce
evidence, and at the end of the ‗trial' announce who has won. At the
same time, he will not assume the role of investigator and of the
prosecutor apart from being the Judge in the Inquisitorial system.
13.3. Even in the pure Adversarial (where, in the past, the Judge
remained passive and even in civil and criminal litigation), there
has been a slow and steady move towards more active participation
of the Judge. There have been two factors. The first is to do greater
justice by removing imbalance between the two parties (and their
lawyers); and the second is to more efficiently manage the cases
and bring about efficiency
13.4. The proceedings before the Claims Tribunal are more of an
Inquiry rather than an Adversarial trial. In other words, it is not
that the claimant has to allege everything which the insurance can
(without bothering to ascertain the facts) deny everything and then
the Court expects proof of one and every allegation made in the
claim petition.
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13.5. Keeping in view the wording of the statute, the use of the
phrase ‗hold an inquiry' as also particularly the absence of the
word ‗trial' and; the larger purpose of the statute as demonstrated
by the Statement of Objects and Reasons; observation into what has
gone on; the type of the claimants; the type of the issues; and the
need to bring about efficiency, procedure as are tailored to the
subject has to be evolved by the Claims Tribunal.
13.6. The nature of the claims before the Claims Tribunal do not
vary as widely as they do before a Civil Court, and there is an
element of stereotype in them.
13.7. The facts which are to be ascertained are usually known and it
is to be found out whether those facts exist or do not exist. It is only
in that sense that an Inquiry is to be carried out.
13.8. Most of these facts are such which are to be proved by
documents, generally as copies of records. If these are listed and
summoned so that they are before the Claims Tribunal, it can make
a world of a difference.
13.9. There is a distinction between proof of a document and what
the document proves. Some of the documents can be taken at their
face value. In fact, the onus is reversed so that the evidence in proof
can be asked only if there is specific denial. The photocopies of
documents or entries from the Transport Department can be
presumed as correct leaving the onus to disprove on one who
disputes it. Every document produced does not require a proof as if
it were an unregistered Will leaving a large estate to an outsider.
13.10. If an allegation is denied, the respondent must state his
reasons for the denial and if necessary, put forward his own version
of events. Subject to certain exceptions, the general rule is that if a
defendant fails to deal with an allegation, it is to be taken as an
admission.
13.11. If following this procedure which is generally collection of
documents, a case appears to be one which can be disposed of at the
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first hearing, it should be so disposed of. There can, however, be
cases where there is need for further inquiry. But that will have to
depend upon whether a sufficient defence has been raised.
13.12. If the case needs further inquiry, the Court may frame issues.
Issues help as a signpost to how the matter has to be proceeded
with. They are signposts of topics (facts). However, before the
issues, if a prefatory note on the facts which are not in dispute or
not sufficiently in dispute or facts that can be taken judicial notice
of, is made, the controversy stands narrowed down, the issues are
more accurately framed and serve a greater purpose.
13.13. The present practice of framing the issues in a wide form
calls for a change. Instead, what the Claims Tribunals as a part of
‗following such procedures as it thinks fit' should do is to first go
through the file and identify: (i) the chain of material facts and
events (most of which are ordinarily not disputed); (ii) the scope of
defences that are permissible; (iii) the factual questions that survive
for decision; (iv) the missing links, and (v) the points of law which
will need application to the facts and determination. After putting
down a page or two of written material to depict the aforesaid, and
also narrow down the controversy, frame pointed issues which bring
out the factual and legal questions. The onus of the sub-issues has to
be more correctly placed. The defence expected has to be not a mere
denial but a positive one after the Respondents have investigated.
The scope of the issues when framed could be narrow and not wide.
13.14. It is not always that if issues have been framed, further
evidence is required. The matter can be disposed of after hearing
the arguments based on the material on record or some evidence on
a specific point may be called for. In any inquiry, there is also a
duty of the Court to see that the evidence which could have been
brought is brought so that justice is done. A template for a judgment
keeping in view the various types of cases that come, can be
developed by Claims Tribunal in consultation with each other and
then slowly perfected over time.
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13.15. For these issues, a form which is more of a checklist can be
developed and the Claims Tribunal can simply correlate the claim,
the response and the material on record and then come to a
conclusion whether any issue arises or is to be treated as an
admitted fact or what could the pointed issue that is to be framed.
13.16. These principles may be kept in mind by the Claims
Tribunals while dealing with the motor accident claim cases.‖
12. In Mayur Arora v. Amit (supra), this Court summarized the procedure
of proceedings before the Claims Tribunal in para 14 of the judgment which
has to be followed by the Claims Tribunal while conducting an inquiry.
13. In order dated 07th December, 2018, this Court laid down the
following guidelines for assessment of functional disability of the
claimant(s) in injury cases :
―26. Guidelines for assessment of functional disability of the
claimant in Injury Cases
26.1 All injuries or permanent disability arising from the accident do
not result in loss of earning capacity.
26.2 The percentage of permanent disability with reference to the
whole body of a person should not be mechanically assumed to be
equal to the percentage of loss of earning capacity. The percentage of
loss of earning capacity is not the same as the percentage of
permanent disability (except in cases, where the Tribunal on the basis
of evidence, concludes that percentage of loss of earning capacity is
the same as percentage of permanent disability).
26.3 The doctor, who treated or examined the injured-claimant and
subsequently assessed the permanent disability, can give evidence of
his medical opinion with regard to the extent of permanent disability.
However, the percentage of loss of earning capacity is to be assessed
by the Claims Tribunal by taking into consideration various other
factors as mentioned below.
26.4 The same percentage of permanent disability may result in
different percentage of loss of earning capacity in different persons,
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depending upon the nature of profession, occupation or job, age,
education and other relevant factors.
26.5 Ascertainment of the effect of the percentage of permanent
disability on the actual earning capacity (percentage of loss of
earning capacity) involves three steps:
(i) The Tribunal has to first ascertain what activities the
claimant could carry on in spite of the permanent disability and
what he could not do as a result of the permanent disability
(this is also relevant for awarding compensation under the head
of loss of amenities of life).
(ii) The second step is to ascertain his avocation, profession
and nature of work before the accident, as also his age.
(iii) The third step is to find out whether :
a) The claimant is totally disabled from earning any kind
of livelihood, or
b) Whether in spite of the permanent disability, the
claimant could still effectively carry on the activities and
functions, which he was earlier carrying on, or
c) Whether he was prevented or restricted from
discharging his previous activities and functions, but could
carry on some other or lesser scale of activities and
functions so that he continues to earn or can continue to
earn his livelihood.
26.6 The Claims Tribunal may consider co-opting or taking the
opinion of a medical expert from any Government Hospital for taking
assistance in assessing the functional disability. However, cases in
which medical expert is co-opted, should be taken by the Claims
Tribunal at a designated time so that the doctor is not made to wait.
The proceedings for assessment of the functional disability of the
claimant with the assistance of a medical expert should preferably be
conducted in camera and counsel for insurance company and
authorised representative of the insurance company be permitted to
remain present.
26.7 The photographs of the injured portion should be taken on
record in every injury case and a reasoned finding should be recorded
in respect of the functional disability in terms of the principles laid
down by the Supreme Court in Raj Kumar v. Ajay Kumar, (2011) 1
SCC 343.
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26.8 The photographs of the injured portion of the claimant should
be annexed to the award to enable the Appellate Court to peruse the
same in the event of the award being challenged. However, the
photographs should not be uploaded on the website of the Court.
26.9 In MAC.APP.1134/2017, this Court formed a Committee to
frame guidelines for fixing the cost of artificial limbs for the victims of
motor accidents. On 07th September, 2018, a list of cost of prosthetic
limbs was prepared by the Committee which was submitted to this
Court which has been circulated to the Claims Tribunals vide order
dated 07th September, 2018. The Claims Tribunal shall consider the
same while awarding the cost of prosthetic limbs.‖
14. In Jai Prakash v. National Insurance Co., S.L.P. (C.) 11801-
11804/2005, the Supreme Court vide order dated 13th May 2016 directed all
States to implement the Claims Tribunal Agreed Procedure formulated by
Delhi High Court in Rajesh Tyagi - I through the Motor Accident Claims
Tribunals in co-ordination with the Legal Services Authorities as well as the
Director General of Police of the respective States. The relevant part of the
said order is reproduced hereunder:-
―Insofar as the said suggestion is concerned, learned Solicitor
General drew our attention to the response filed before us on behalf
of the General Insurance Council, in particular paragraph 4, which
states that presently the procedure suggested in Paragraph 23 is
being followed by the Insurance Companies in Delhi by way of a
Scheme called ―Claims Tribunal Agreed Procedure‖ which was
formulated by the Delhi High Court in the judgment dated
16.12.2009 passed in FAO No.842 (sic) of 2003 in Rajesh Tyagi &
Ors. v. Jaibir Singh & Ors. It is also mentioned therein that Tribunal
as well as the Legal Service Authority are taking effective steps to
implement the said procedure, which is being carried out in the
National Capital Territory of Delhi. In paragraph 5, it is further
submitted that since this procedure has been successful in Delhi it
can be extended on pan India basis. The agreed procedure has also
been filed as Annexure R5 with the response filed on behalf of the
General Insurance Council.
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SINGH KARKI
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We have also perused the procedure, which has been placed
before us as Annexure R5 with the response which, in our view,
appears to be a comprehensive one and that we can issue further
directions to the Registrar General of the Delhi High Court to
ensure that procedure is strictly followed insofar as Delhi is
concerned and also circulate the said procedure to all the other
High Courts and the Registrar General of all the other High Courts
are directed to ensure that the said procedure is implemented
through the Motor Accidents Claims Tribunals in coordination with
the Legal Service Authorities as well as the Director General of
Police of the States concerned.
The Registry of the Supreme Court is directed to forward a copy
of this order along with Annexure R5 (pages 32 to 46 in the response
filed on behalf of the General Insurance Council) to all the High
Courts including the Delhi High Court to ensure compliance of the
present order.‖
(Emphasis Supplied)
15. On 12th December, 2014, this Court modified the Claims Tribunal
Agreed Procedure. The order dated 12th December, 2014 is hereinafter
referred to as Rajesh Tyagi - II.
16. In Jai Prakash v. National Insurance Co. (supra), the Supreme Court
vide order dated 06th November, 2017 directed all States to implement the
Modified Claims Tribunal Agreed Procedure formulated by this Court in
Rajesh Tyagi - II. The copy of the Modified Claims Tribunal Agreed
Procedure was directed to be circulated to the Registrar General of each
High Court for necessary compliance. The relevant part of the said order is
reproduced hereunder:-
―It is also pointed out by learned amicus curiae that the order
passed by Justice Midha referred to in our order of 13 th May, 2016
was actually modified by Justice Midha on 12th December, 2014.
The order dated 13th May, 2016 will, therefore, stand modified
to the extent that Justice Midha has himself modified his earlier order
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
on 12th December, 2014.
The Registry will send a copy of this order as well as the order
passed by Justice Midha on 12th December, 2014 to the Registrar
General of each High Court for necessary information and
compliance.‖
17. On 07th December, 2018, this Court further modified the Claims
Tribunal Agreed Procedure to incorporate the directions contained in orders
dated 15th December, 2017, 18th January, 2018, 09th March, 2018, 01st May,
2018, 20th July, 2018 and 07th September, 2018. The Modified Claims
Tribunal Agreed Procedure (MCTAP) is part of the order dated 07th
December, 2018, hereinafter referred to as Rajesh Tyagi - III.
18. In M. R. Krishna Murthi v. The New India Assurance Co. Ltd., 2019
SCC OnLine SC 315, the Supreme Court vide judgment dated 05 th March,
2019 noted that there was no proper implementation of Claims Tribunal
Agreed Procedure by the Claims Tribunals at all India level in terms of the
directions of the Supreme Court in Jai Prakash v. National Insurance Co.
(supra). The Supreme Court directed NALSA to take up the matter and
monitor the same in co-ordination and co-operation with the various High
Courts. The Supreme Court directed the State Judicial Academies to
sensitize the Presiding Officers of Claims Tribunal, Senior Police Officers of
the State Police as well as Insurance Companies for implementation of the
Claims Tribunal Agreed Procedure. The Supreme Court also directed the
Claims Tribunals in the entire country to implement MACAD Scheme
contained in Rajesh Tyagi - III and directed the twenty one banks to
implement the same on all India basis. The relevant part of the said
judgment is reproduced hereunder:-
―32) Notwithstanding, the aforesaid ADR methods, adjudicatory
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
process before the MACTs is indispensable. There cannot be a
guarantee that 100% cases would be settled through mediation or Lok
Adalat. Therefore, there is a dire need for deciding these cases
without delays and within reasonable period. The Delhi High Court
has given few judgments providing for mechanism to speed up the
disposal of such cases and to ensure that schemes are settled within a
period of 90/120 days from the date of accident. In nutshell, these
directions include that on the occurrence of accident, the police which
comes into the picture in the first instance, should complete the
investigation and along with filing of FIR before the concerned Court
of Metropolitan Magistrate, copies are sent to MACT as well as
Insurance Company also. Insurance Company is supposed to look into
the same to find out as to whether the claim is payable and within 30
days it should respond to MACT and once all these documents are
before the MACT in the form of evidence etc. as well it would enable
the MACT to decide the case within 30 days. The case where entire
procedure is articulated is judgment dated 16th December, 2009 in
FAO No. 842 (sic) of 2003.This Court has also given its imprimatur in
Jaiprakash v. National Insurance Company (SLP (Civil) No. 11801-
11804 of 2005) in its order dated 13th May, 2016....
xxx xxx xxx
th
33) Vide order dated 6 November, 2017 in Jaiprakash case, this
Court modified its order dated 13th May, 2016 and directed all States
to implement the Modified Claims Tribunal Agreed Procedure
formulated by Delhi High Court on 12th December, 2014. The copy of
the Modified Claims Tribunal Agreed Procedure was directed to be
circulated to the Registrar General of each High Court for necessary
compliance......
xxx xxx xxx
34)This needs to be followed at All India Level. NALSA should take up
and monitor the same as well in coordination and cooperation with
various high courts to facilitate the same.
xxx xxx xxx
37) Thus, direction for implementation of the ‗Claims Tribunal
Agreed Procedure' which is substituted by modified procedure, as
noted above, are already there. However, we find that there is no
proper implementation thereof by the Claims Tribunals. We, thus,
direct that there should be programs (sic) from time to time, in all
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
State Judicial Academies to sensitizing the presiding officers of the
Claims Tribunals, Senior Police Officers of the State Police as well as
Insurance Company for the implementation of the said Procedure.
38) The Modified Claims Tribunal Agreed Procedure as approved
by High Court of Delhi in its aforesaid order dated 7th December,
2018 has the propensity to ensure speedy disposal of MACT cases.
Likewise, Operative Documents of 21 documents which have
implemented Annuity Deposit Scheme can ensure that compensation is
delivered to the persons for whom it is meant. It has the element of
annuity payments as well. There is, therefore, a need to implement
the MACAD Scheme by the Claims Tribunals in the entire country.
We direct accordingly. We also direct 21 banks to implement its
operative documents on All India basis.‖
(Emphasis supplied)
19. Upon extensive research done by the Law Researcher attached to this
Court, it came to the notice of this Court that law in many developed
countries provide for mandatory formats to be filled up in motor accidents
cases for expeditious disposal. The particulars of the relevant formats of the
developed countries are as under:
S. No Country Place/ Statue/ Form/Annexure Hyper Link
Authority Applicable Rules /Appendix/
Affidavit
1. USA New York, New York Consolidated MV-104 - Report of 1. https://dmv.ny.gov/forms/m
Department of Laws, Vehicle and Motor Vehicle Accident - v104.pdf
Motor Traffic Law - Title 6- Required to be filed with
Vehicles Accidents and Accident DMV by all drivers 2. https://cmvny.com/wp-
Reports - VAT § 600-606 involved in reportable content/uploads/2011/05/NYS-
- VAT § 606. Report motor vehicle accidents DMV-MV-104-Report-of-
required upon accident Motor-Vehicle-Accident-
Form.pdf
3. https://dmv.ny.gov/forms?pa
ge=7
MV-104C - Bicycle 1. https://dmv.ny.gov/forms/m
Accident Report- v104c.pdf
Required to be filed by a
bicyclist when a bike
accident involving death
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
or serious physical injury
occurs on a public
highway, but DOES
NOT involve a motor
vehicle.
MV-104COV - Police 1. https://dmv.ny.gov/forms/m
Accident Report Cover v104cov.pdf
Sheet - Cover Sheet for
Police Accident Report
forms MV-104A and
MV-104AN. This cover
sheet was formerly form
MV-104AC.
MV-104D - Police 1. https://dmv.ny.gov/forms/m
Report for Fatal Motor v104d.pdf
Vehicle Accidents
MV-104EN - Early 1. https://dmv.ny.gov/forms/m
Notification of a Fatal v104en.pdf
Accident - Used to notify
DMV, as required by
law, that a fatal crash has
occurred and a full report
will be forthcoming
MV-104F - Accident 1. https://dmv.ny.gov/forms/m
Report for School v104f.pdfa
Vehicles Transporting
Pupils/Teacher
/Supervisors
MV-104F.1 - Accident 1. https://dmv.ny.gov/forms/m
Report for School v104f1.pdf
Vehicles Transporting
Pupils/Teacher/Superviso
rs (Continuation Sheet)
Continuation sheet for
additional information
for form MV-104F.
MV-104L - Report of 1. https://dmv.ny.gov/forms/m
Motor Vehicle v104l.pdf
Accident/Police Line of
Duty Accident
MV-104S - Truck and 1. https://dmv.ny.gov/forms/m
Bus Supplemental Police v104s.pdf
Accident Report - Truck
and Bus Supplemental
Police Accident Report is
required to be used by
police officers to report
information about certain
trucks, tractor-trailers and
buses involved in
accidents to DMV. This
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
form must be accompany
the MV-104A(N) if the
criteria in the instructions
on the MV-104S are met.
2. USA New New Hampshire Revised State of New Hampshire 1. https://www.nh.gov/safety/d
Hampshire Statutes Uniform Police Traffic ivisions/dmv/forms/documents/d
Department of Title XXI - Motor Crash Report smv291.pdf
Safety Vehicles DSMV 159 (Rev. 11/07)
Division of Chapter 264 - Accidents 2. https://www.nh.gov/safety/d
Motor and Financial DSMV291 (Rev.06/10) ivisions/dmv/forms/index.htm
Vehicles Responsibility Driver Education
Section 264:26 - Uniform Accident Report 3. https://www.nh.gov/safety/d
Police Investigation
ivisions/dmv/forms/documents/d
Report of Accident.
Operator's Report smv400.pdf
NH Rev Stat § 264:26
Symbol (DSMV 400)
Motor Carrier Accident 1. https://www.nh.gov/safety/d
Report (DSMV 161) - ivisions/dmv/forms/documents/d
For Law Enforcement smv161.pdf
Use Only
Operator (Driver) 1. https://www.nh.gov/safety/d
Accident Report (DSMV ivisions/dmv/forms/documents/d
400) smv400.pdf
Uniform Police Traffic 1. https://www.nh.gov/safety/d
Accident Report (DSMV ivisions/dmv/forms/documents/d
159) - For Law smv159.pdf
Enforcement Use Only
2. https://www.nh.gov/safety/d
ivisions/dmv/forms/documents/d
smv160.pdf
Uniform Police Traffic 1. https://www.nh.gov/safety/d
Accident Report ivisions/dmv/forms/documents/d
Key (DSMV 160) - For smv160.pdf
Law Enforcement Use
Only
3. USA Alabama Code of Alabama 1975 Alabama Uniform Traffic 1. https://one.nhtsa.gov/nhtsa/s
Department of Title 32. Motor Vehicles Crash Report tateCatalog/states/al/docs/AL_P
Public Safety - and Traffic AR_06-08.pdf
Safety AST - 27 (Rev.06/08)
Responsibility § 32-10-7 - Written
Unit reports of accidents; Alabama - Uniform
release of information Traffic Crash Report -
§ 32-10-8 - Accident Truck/Bus Supplemental
report forms Sheet (6/08)
§ 32-10-9 - Coroners to
report
§ 32-10-10- Garages to
report accident and bullet
damage Alabama Crash Report 1. https://one.nhtsa.gov/nhtsa/s
§ 32-10-11- Accident 1991 - AST - 27 - tateCatalog/states/al/docs/Alaba
reports confidential (Rev.01/91) ma.pdf
Now Not In Use -
Replaced by AST - 27
(Rev.06/08)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Alabama Operator Crash 1. https://one.nhtsa.gov/nhtsa/s
Report 1998 - SR - 13 tateCatalog/states/al/docs/AL_S
Revised 1-98 R_13_OperatorReport_rev_1_1
998.pdf
4. USA Alaska Alaska Statutes Title 28. State of Alaska Motor 1. http://www.dot.state.ak.us/st
Department of Motor Vehicles Vehicle Collision Report wdplng/hwysafety/assets/pdf/Al
Transportation § 28.35.080 - Form - 12-200 is to be aska_Motor_Vehicle_Collision_
& Public Immediate notice of used by all law Report_Manual_Jan_2016.pdf
Facilities accident enforcement officers to
(b) report motor vehicle 2. https://www.nhtsa.gov/sites/
crashes in Alaska. nhtsa.dot.gov/files/documents/a
k_2013_12-
Appendix B 200_paper_report_sub6_4_12.p
df
Alaska Motor Vehicle 1. http://www.dot.state.ak.us/1
Crash Form 12-209 for 2209V4/jsp/12209main.jsp#for
Driver mBtn
5. USA Arkansas Arkansas Code Arkansas Motor Vehicle 1. https://www.dfa.arkansas.go
Safety Title 27 - Transportation Accident Report Form v/images/uploads/driverServices
Responsibility Subtitle 4 - Motor ―SR-1‖ Office/SR121.pdf.
Section Vehicular Traffic
Chapter 53 - Accidents 2. http://workzone.eng.wayne.e
Subchapter 3 - du/crash_report/State_Reports/A
Investigations rkansas_Crash_(1-07).pdf
§ 27-53-303 -
Jurisdiction and
Arkansas - Motor 1. https://www.nhtsa.gov/sites/
responsibilities of law
Vehicle Crash Report: nhtsa.dot.gov/files/documents/2
enforcement officers
(1/07) - Crash Report - 016-04-
Crash Summary 07_arkansas_crash_rport.pdf
2. https://static.ark.org/eeuploa
ds/asp/crash_report_instruction_
manual_web_jan_2007.pdf.
6. USA Arizona Arizona Revised Statutes FORM 01-2704A 1. https://www.nhtsa.gov/docu
Title 28. Transportation R 11/2017 - standard ment/arizona-crash-report-01-
§ 28-667 - Written report form. 2704a-revised-112017
accident report
FORM 01-2704A R
06/2010 - standard report
form. 2. https://www.nhtsa.gov/sites/
nhtsa.dot.gov/files/documents/fi
FORM 01-2704B R nal_crash_report.pdf
07/2010 - continuation of
the standard report form
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM 01-2704C R 3. https://www.nhtsa.gov/nhtsa
06/2010 - Narrative - /stateCatalog/states/az/docs/AZ_
This is a continuation Crash_Manual_rev8_2010_sub_
form for the standard 3_2011web.pdf
report form.
FORM 01-2705 R
06/2010 - The Fatal
Supplement must be
completed for each
person that is killed in a
crash.
FORM 01-2708 R8/92 -
This form can be used for
crash measurements
when there is an
extensive crash scene.
FORM 01-2710 R
07/2010 - Supplemental
Truck / Bus Crash
Report. This form should
be completed when any
circle & any diamond are
checked on Form 01-
2704A.
FORM 01-2712
R07/2010 - Occupant
Supplement.
7. USA California 2011 California Code Traffic Collision Report. 1. https://www.nhtsa.gov/sites/
Vehicle Code Chp 555 (Rev.7-03) OPI nhtsa.dot.gov/files/documents/ca
Division 10. Accidents & 060 _chp555_sub6_2012.pdf
Accident Reports [20000
- 20018] State of California 2. http://www.bidnet.com/bnea
Chapter 1. Accidents & narrative/supplemental ttachments?/374267997.pdf
Accident Reports CHP 556 (Rev. 7-03)
Section 20000 - 20018 OPI 042 3. https://www.documents.dgs.
ca.gov/dgs/fmc/pdf/std270.pdf
CA Veh Code §§ 20000 - STD-270: Vehicle
20018 (through 2012 Leg Accident Reporting Form 4. https://www.documents.dgs.
Sess) for State Drivers ca.gov/dgs/fmc/pdf/std268.pdf
STD-268: Accident 5. https://www.documents.dgs.
Report (Other Than ca.gov/dgs/fmc/pdf/std274.pdf
Motor Vehicle)
STD-274: Supervisor
Review of State Driver
Accidents
8. USA Colorado Colorado Revised DR3447 Traffic Crash 1. https://www.codot.gov/abou
Department of Statutes Annotated Report Form t/committees/strac/dr3447-
Transportation Title 42. Vehicles and folder/dr3447-crash-report-
Traffic Regulation of DR3447 is the new crash official-released-form
vehicles and Traffic report form for Colorado,
Article 4. Regulation of replacing the DR2447 2. https://www.codot.gov/abou
Vehicles & Traffic t/committees/strac/dr3447-
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Part 16. Accidents AND folder/using-the-dr3447/dr3447-
Accident Reports paper-report-page-handling
C.R.S. 42-4-1606 -1608
[Model Traffic Code For
Colorado, 2020 has
omitted chapter of
Accidents Reports]
9. USA Connecticut Connecticut Vehicle Connecticut Uniform 1. https://www.nhtsa.gov/docu
Department of Code § 9-26-1-1.1 Police Crash Report ment/connecticut-uniform-
Transportation Car accident reporting Form PR-1 REV police-crash-report-form-pr-1-
September 14, 2015 revised-2015
Connecticut Vehicle
Code § 14-224 Connecticut Uniform 2. https://www.nhtsa.gov/docu
Uniform investigation of Fatal Crash Supplement ment/connecticut-uniform-fatal-
accident report PR-2 REV crash-supplement-pr-2-revised-
January 2016 2016
Connecticut General
Statutes 3. https://portal.ct.gov/-
Title 14. Motor Vehicles. /media/DOT/documents/dTrans
Use of the Highway by portation_Safety/CrashData/For
Vehicles. Gasoline § 14- mPR1DemonstrationWithAllPa
108a gespdf.pdf
Uniform investigation of
accident report.
4. https://portal.ct.gov/-
/media/DOT/documents/dTrans
portation_Safety/CrashData/For
mPR2pdf.pdf
10. USA Delaware Delaware Code Title 21 (Electronic) State of 1. https://one.nhtsa.gov/nhtsa/s
Motor Vehicles Delaware Uniform tateCatalog/states/de/docs/DE_P
Operation and Equipment Collision Report AR_PaperlessScreens_sub_2_6_
Chapter 42. Reports of 07.pdf
Accidents; Penalties;
Interpretation of Laws 2. https://one.nhtsa.gov/nhtsa/s
tateCatalog/states/de/docs/DE_P
Delaware Code Title 21 § AR_Form438_rev_10_1987.pdf
4203 (d)
3. https://www.nhtsa.gov/docu
ment/electronic-state-delaware-
uniform-collision-report
11. USA District of Code of the District of Accident Report (PD-10) 1. https://mpdc.dc.gov/sites/def
Columbia Columbia ault/files/dc/sites/mpdc/service_
§ 50-1001 content/attachments/PD%20For
§ 50-1731.07. Police m%2010B_fillableform.pdf
officer's report.
§ 50-1301.10. Accident
report -- Required. [Now
Repealed]
12. USA Florida Florida Code Florida Crash Report 1. https://one.nhtsa.gov/nhtsa/s
Title XXIII Motor HSMV-90010S(E), tateCatalog/states/fl/docs/FL_P
Vehicles Rev. 6/2013 AR_HSMV90010S(E)_rev06-
Chapter 316 State 13.pdf
Uniform Traffic Control Florida Operator Report
316.065-69 HSMV 90011S 2. https://one.nhtsa.gov/nhtsa/s
Crashes; Reports; tateCatalog/states/fl/docs/FL_O
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Penalties. etc. peratorReport_sub5_2011.pdf
FL Stat § 316.065-69
13. USA Georgia Georgia Vehicle Code Personal Report of 1. http://odis.dhs.state.ga.us/Vi
§ 40-9-32 Proof of Accident ewDocument.aspx?docId=30051
insurance after an DHS Transportation 49&verId=1
accident Manual- Exhibit 28
2. https://dhs.georgia.gov/docu
Georgia Vehicle Code Appendix 24 - Vehicle
ment/publication/transportation-
§ 40-9-35 Right to reach Operator Initial Accident
manual/download
private accident and Incident Reporting
settlement Form
Georgia Vehicle Code Appendix 25 - Vehicle
§ 40-9-31 Handling of Operator Accident and
police reports Incident Follow-up
Reporting Form
14. USA Hawaii 2019 Hawaii Revised DOT-1-174D 1. https://www.nhtsa.gov/sites/
Statutes Title 17. Motor (HWY-T) nhtsa.dot.gov/files/documents/m
and Other Vehicles291C. Rev. 06/08 var_final_combined_pages.pdf
Statewide Traffic Code
291C-17 Written reports
of accidents.
Requirements on scene:
§291C-11 to 291C-18
Police notification/report:
§291C-16 to 291C-20;
287-4
HI Rev Stat § 291C-17
15. USA Iowa IA Code § 321.263 Investigation Officer's of 1. https://www.nhtsa.gov/sites/
Reporting personal injury Motor Vehicle Accident nhtsa.dot.gov/files/documents/ia
accident _par_rev11_2013_implement20
Form 433003 15.pdf
IA Code § 321.266 (11-13)
Reporting accidents 2. https://iowadot.seamlessdoc
s.com/f/IowaAccidentReport
3. https://iowadot.gov/forms/4
33014.pdf
16. USA Idaho Idaho Code Idaho Vehicle Collision 1. https://one.nhtsa.gov/nhtsa/s
Report tateCatalog/states/id/docs/ID_Cr
§ Section 49-1306 - Idaho ITD-0090 Crash ash_Report_rev3_2011_sub3_2
Written Reports of Form, 2011 012.pdf
Accidents
§ Section 49-1307 -
Accident Report Forms
17. USA Illinois Illinois Compiled Illinois SR 1050
Department of Statutes Crash Report, 1/2013
1. https://www.nhtsa.gov/sites/
(625 ILCS 5/11-408) nhtsa.dot.gov/files/documents/il
Transportation
from Ch. 95 1/2, par. 11- _crash_report_instruction_manu
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
408) SR 1050A al_2013.pdf
Additional
Units/Amended Report 2. https://www.nhtsa.gov/sites/
Form nhtsa.dot.gov/files/documents/il
_sr1000_par_rev1_2013_sub12_
SR 1 Motorist Report 2013.pdf
Form, singles
18. USA Indiana Indiana Vehicle Code Indiana Officer's 1. https://www.nhtsa.gov/sites/
§ 9-26-1-1.1 Standard Crash Report nhtsa.dot.gov/files/documents/in
After an accident _electronicvcrs_crashreport_sub
12_2013.pdf
19. USA Kansas Kansas Uniform Act Kansas Crash Report 1. https://www.nhtsa.gov/sites/
Regulating Traffic Form No. 850 nhtsa.dot.gov/files/documents/ks
Sections 8-1604; 8-1605; Rev. 1/2005 _par_rev2005_sub_06_05_2006.
and 8-1609 pdf
Kansas Crash Report
Form 850-A 2. https://www.nhtsa.gov/sites/
Rev. 1/2009 nhtsa.dot.gov/files/documents/ks
_par_850a_rev9_2009_sub10_2
011.pdf
20. USA Kentucky Kentucky Revised Kentucky Electronic KSP 1. https://www.nhtsa.gov/sites/
Statutes, Title XVI Motor 74, Revised 7/2008 nhtsa.dot.gov/files/documents/k
Vehicles § 189.635 y_ksp74_rev7_2008_sub4_2012
Kentucky Crash Report .pdf
KSP 74,
Revised 01/2000 2. https://www.nhtsa.gov/sites/
nhtsa.dot.gov/files/documents/k
Kentucky CMV Crash y_par_ksp_74_rev_1_2000_0.pd
Report KSP 74A f
Kentucky Paper Crash 3. https://www.nhtsa.gov/sites/
Report KSP 74 Revised nhtsa.dot.gov/files/documents/k
6/2004 y_cmv_ksp_74a_rev_1_2000.pd
f
4. https://www.nhtsa.gov/sites/
nhtsa.dot.gov/files/documents/k
y_paper_collision_report_ksp74
_6_2004_sub4_2012.pdf
21. USA Louisiana Louisiana Revised State of Louisiana 1. https://www.nhtsa.gov/sites/
Statutes, Title 32 § 398 Uniform Motor Vehicle nhtsa.dot.gov/files/documents/la
Traffic Crash Report _crash_report_rev_3_2005_sub_
5_22_08.pdf
Form - DPSSP 3105
(Rev. Mar. 2005)
22. USA Maine Requirements on scene: Maine Crash Report 1. https://www.nhtsa.gov/sites/
§2252 to 2255 Form 13:20A nhtsa.dot.gov/files/documents/m
aine_par_rev1_2010_sub_6_201
Police notification/report: Revised 1/2010 1.pdf
§2251
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
23. USA Maryland MD Transportation Code Maryland MSP Form #1 1. https://www.nhtsa.gov/sites/
§ 20-107 Post-accident Crash Report, Revised nhtsa.dot.gov/files/documents/m
reporting to MVA 1/1993 aryland_0.pdf
MD Transportation Code
§ 20-104 Car accident
reporting guidelines
MD Transportation Code
§ 20-106 Reporting
accident with domestic
animals
24. USA Massachusetts Massachusetts General Massachusetts CRA-65 1. https://www.nhtsa.gov/sites/
Laws Chapter 90 § 26 Rev 2.0 Crash Report, nhtsa.dot.gov/files/documents/m
Revised 02/2005 a_par_02_2005.pdf
25. USA Michigan Motor Vehicles § Michigan UD-10 Crash 1. https://www.nhtsa.gov/sites/
257.622 Duty to report Form, Revised 01/2004 nhtsa.dot.gov/files/documents/m
accidents i_ud10_crashform_01_2004.pdf
Motor Vehicles §
257.621 Duty to report
damage to unattended
property
Motor Vehicles §
257.620 Duty to report
accident with parked car
Motor Vehicles §
257.623 Accident
reporting by mechanics
26. USA Minnesota Minnesota Statutes Minnesota PS-32003-10 1. https://www.nhtsa.gov/sites/
Insurance (Ch. 59A- Crash Report nhtsa.dot.gov/files/documents/m
79A) 65B.42 (Purpose) n_par_01_2003.pdf
Minnesota PS-32001-08
Minnesota Statutes Operator Report 2. https://www.nhtsa.gov/sites/
Insurance (Ch. 59A- (Operator Report) nhtsa.dot.gov/files/documents/m
79A) 65B.46 (Right to n_operator_report.pdf
Benefits) Minnesota PS-32003,
revised 1/1991 and PS- 3. https://www.nhtsa.gov/sites/
Minnesota Statutes 32003-7 nhtsa.dot.gov/files/documents/m
Transportation (Ch. 160- n_par_ps32003_1_1991.pdf
174A) 169.09 (Cannot
leave accident scene)
27. USA Mississippi Requirements on scene: Mississippi Uniform 1. https://www.nhtsa.gov/sites/
§63-3-401 to 63-3-409 Crash Report, revised nhtsa.dot.gov/files/documents/m
10/2009 s_par_rev10_1_09_sub9_17_10.
Police notification, pdf
report: §63-3-411 to 63- Mississippi Uniform
3-417 Crash Report SR-3 and 2. nhtsa.gov/sites/nhtsa.dot.gov
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Supplement, Revised /files/documents/ms_par_sr3_re
10/1984 v10_1984.pdf
28. USA Missouri Missouri Code § 300.030 Motor Vehicle Accident 1. https://dor.mo.gov/forms/11
Traffic division to Report 40.pdf
investigate accidents Form 1140
Rev.6 - 2006 2. https://www.nhtsa.gov/sites/
Missouri Code § 300.110 nhtsa.dot.gov/files/documents/m
Immediate notice of Missouri SHP-2Q Crash o_par_rev01_2012.pdf
accident within city Report, Revised 01/2012
Missouri Code § 303.040
Reporting an uninsured
motorist following an
accident
29. USA Montana Montana Uniform Montana Crash Report 1. https://www.nhtsa.gov/sites/
Accident Reporting Act Form HQ1599 nhtsa.dot.gov/files/documents/m
Sections 61-7-108, 61-7- t_nhq1599.pdf
109, and 61-7-110
30. USA Nebraska Nebraska Vehicle Code § Nebraska DR Form 40, 1. https://www.nhtsa.gov/docu
60-699 Reports required Revised 8/2012 ment/nebraska-dr-form-40-
of operators revised-82012
Nebraska Truck and Bus
Nebraska Vehicle Code § Supplement Form DR40, 2. https://www.nhtsa.gov/docu
60-696 Reporting Revised 04/2009 ment/nebraska-truck-and-bus-
accident with unattended supplement-form-dr40-revised-
car/property Nebraska Continuation 042009
Form DR40a, Revised
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ment/nebraska-continuation-
Nebraska DR Form 40, form-dr40a-revised-012009
Revised 01/2009
4. https://www.nhtsa.gov/docu
Nebraska DR Form 40, ment/nebraska-dr-form-40-
Revised 01/2002 revised-012009
5. https://www.nhtsa.gov/docu
ment/nebraska-dr-form-40-
revised-012002
31. USA Nevada Nevada Revised Statutes Nevada SR-1 Operator 1. https://www.nhtsa.gov/docu
Sections 484E.070 and Report, revised 4/2008 ment/nevada-sr-1-operator-
484E.080 report-revised-42008
Nevada Property Damage
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only-report-revised-82006
Nevada Crash Report,
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ment/nevada-crash-report-
revised-12004
32. USA New New Hampshire Motor 1. https://www.nhtsa.gov/docu
Hampshire Carrier Accident Report, ment/new-hampshire-motor-
rev. 05/08 carrier-accident-report-rev-0508
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
New Hampshire Uniform 2. https://www.nhtsa.gov/docu
Traffic Crash Report, rev. ment/new-hampshire-uniform-
11/07 traffic-crash-report-rev-1107
New Hampshire PAR 3. https://www.nhtsa.gov/docu
DSMV-160, rev. 08/93 ment/new-hampshire-par-dsmv-
160-rev-0893
33. USA New Jersey New Jersey Statutes State of New Jersey 1. https://www.state.nj.us/trans
Chapter 39 (Motor Police Crash portation/refdata/accident/pdf/N
Vehicles & Traffic Investigation Report JTR-1.pdf
Regulation) § 4-130 NJTR-1, Revised
04/2010
34. USA New Mexico New Mexico Statutes New Mexico SH 10074 1. https://www.nhtsa.gov/sites/
Sections 66-7-206, 66-7- Uniform Crash Report, nhtsa.dot.gov/files/documents/n
207 Revised 1/2011 m_par_code_sheet_rev1_2011.p
df
35. USA North Carolina NC Motor Vehicles § 20- North Carolina Crash 1. https://www.nhtsa.gov/sites/
166.1 Reports and Report DMV-349, nhtsa.dot.gov/files/documents/n
investigations required in 1/2009 c_par_dmv-349_rev1_2009.pdf
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2. https://www.nhtsa.gov/docu
NC Motor Vehicles § 20- ment/north-dakota-sfn2344-
166 Duty to stop in event crash-report-revised-52009
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nhtsa.dot.gov/files/documents/n
d_par_rev_12_2006_sub_5_21_
07.pdf
36. USA North Dakota North Dakota Vehicle North Dakota DOT2356 1. https://www.nhtsa.gov/sites/
Code § § 39-08- Overlay, revised 6/2009 nhtsa.dot.gov/files/documents/n
09 Immediate notice of d_overlay_dot2356_rev6_2009_
accident North Dakota SFN2344 sub11_5_09.pdf
Crash Report, revised
North Dakota Vehicle 5/2009 2. https://www.nhtsa.gov/sites/
Code § 39-07-12 Garages nhtsa.dot.gov/files/documents/n
to report d_par_sfn2355_rev5_2009_sub1
1_5_09.pdf
37. USA Ohio 2019 Ohio Revised Code Ohio OH-1 Crash Report, 1. https://www.nhtsa.gov/sites/
Title [45] XLV Motor Revised 1/2012 nhtsa.dot.gov/files/documents/o
Vehicles - Aeronautics - OH PAR - Occupant h-1_rev1_2012.pdf
Watercraft Information, rev. 6/2009
Chapter 4509 - Financial
2. https://www.nhtsa.gov/docu
Responsibility OH PAR - Vehicle &
ment/oh-par-occupant-
Section 4509.06 - Crash Information, rev.
information-rev-62009
Accident report alleging 6/2009
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owner. OH PAR - Narrative & 3. https://www.nhtsa.gov/docu
Diagram, rev. 6/2009 ment/oh-par-vehicle-crash-
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Ohio Rev Code §
4509.06 (2019)
4. https://www.nhtsa.gov/docu
ment/oh-par-narrative-diagram-
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
rev-62009
38. USA Oklahoma Oklahoma Stat § 47-10- Oklahoma DPS 0192-01 1. https://www.nhtsa.gov/sites/
107 Immediate reporting Crash Report, Revised nhtsa.dot.gov/files/documents/o
of injury accidents 01/2007 k_par_rev01_07_sub_08_16_06.
Oklahoma Stat § 47-10- pdf
108 Filing an accident
report
39. USA Oregon Oregon Revised Statutes, Oregon Traffic Accident 1. https://www.nhtsa.gov/sites/
Oregon Vehicle Code and Insurance Report, nhtsa.dot.gov/files/documents/or
§ 811.720 Revised 1/2011 _operatorreport_rev1_11_sub7_
12.pdf
Oregon 735-46AB Crash
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Truck/Bus Supplement, _par_46ab_rev6_2007.pdf
Revised 11/2011
3. https://www.nhtsa.gov/sites/
nhtsa.dot.gov/files/documents/or
_truckbus_supp_rev11_11.pdf
40. USA Pennsylvania Pa.C.S.A. Vehicles § Pennsylvania Crash 1. https://www.nhtsa.gov/docu
3747 Written report of Form, Revised 12/2002 ment/pennsylvania-crash-form-
accident revised-122002
Pa.C.S.A. Vehicles § Instructions, Revised
3746 Immediate notice of 12/2002 2. https://www.nhtsa.gov/docu
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122002
41. USA Rhode Island Rhode Island General Rhode Island Uniform 1. https://www.nhtsa.gov/sites/
Laws - Title 31. Crash Report nhtsa.dot.gov/files/documents/ri
Motor and Other 12/2013 _par_sent_12_5_2013.pdf
Vehicles
Requirements on scene:
§31-26-1 to 31-26-5
Police notification:
§31-26-3.2
Accident reports:
§31-26-6 to 31-26-16
42. USA South Carolina Motor Vehicles § 56-5- South Carolina TR-310 1. https://www.nhtsa.gov/docu
1260 Immediate report of Crash Report Form, ment/south-carolina-tr-310-
accidents resulting in revised 11/2011 crash-report-form-revised-
personal injury or death 112011
Motor Vehicles § 56-5-
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1270 Making written
Supplement, revised 2. https://www.nhtsa.gov/docu
reports of certain
4/2009 ment/cmv-and-bus-supplement-
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43. USA South Dakota Motor Vehicles § 32-34- South Dakota Crash 1. https://www.nhtsa.gov/docu
7 Immediate accident Form DPS-AR1, revised ment/south-dakota-crash-form-
notification 12/11/2003 dps-ar1-revised-12112003
Motor Vehicles § 32-34-
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South Dakota Crash 2. https://www.nhtsa.gov/docu
privileged
Form Overlay DPS-AR2, ment/south-dakota-crash-form-
revised 12/11/2003 overlay-dps-ar2-revised-
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
12112003
44. USA Tennessee Tenn. Vehicle Code § 55- Tennessee TITAN 1. https://www.nhtsa.gov/docu
10-107 Owner/Driver eCrash Report, Revised ment/tennessee-titan-ecrash-
Accident Report Filing 2009 report-revised-2009
Tenn. Vehicle Code § 55-
10-106 Reporting
Accidents to Law
Enforcement
Tenn. Vehicle Code § 55-
10-104 Accident with
unattended vehicles,
written notice
45. USA Texas Texas Transportation Texas CR-3 Alternate 1. https://www.nhtsa.gov/docu
Code § 601.004 Crash Report, revised ment/texas-cr-3-alternate-crash-
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Texas CR-3 Crash 2. https://www.nhtsa.gov/docu
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revised 1/2010 revised-12010
Texas CR-2 Operator 3. https://www.nhtsa.gov/docu
Report, revised 2/2010 ment/texas-cr-2-operator-report-
revised-22010
Texas CR-3 Peace
Officer's Crash Report, 4. https://www.nhtsa.gov/docu
revised 3/2009 ment/texas-cr-3-peace-officers-
crash-report-revised-32009
Texas CR-3C Peace
Officer's Commercial 5. https://www.nhtsa.gov/docu
Vehicle Crash Report, ment/texas-cr-3c-peace-officers-
revised 6/2008 commercial-vehicle-crash-
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46. USA Utah Requirements on Utah Crash Report DI-9, 1. https://www.nhtsa.gov/sites/
scene: §41-6a-401 to 41- Rev. 3/2006 nhtsa.dot.gov/files/documents/ut
6a-401.9 ah_di-9_par_rev3_2006.pdf
Police notification: §41-
Utah DI-9 Overlay, Rev.
6a-401; 41-6a-401.7
1/2015 2. https://www.nhtsa.gov/docu
Accident reports: §41-6a-
ment/utah-di-9-overlay-rev-
12015
47. USA Virginia Virginia Codes (Motor Virginia Crash Report 1. https://www.nhtsa.gov/sites/
Vehicles) § 46.2-894 FR300-P, Rev. 7/2007 nhtsa.dot.gov/files/documents/v
a_fr300_rev7_2007.pdf
48. USA Vermont Vermont Statutes Title Vermont Crash Report 1. https://www.nhtsa.gov/sites/
23. Motor Vehicles Form nhtsa.dot.gov/files/documents/vt
§ 1128- Accidents Printed 11/2013 _par_printed11_2013.pdf
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49. USA Washington Washington Codes Washington Crash 1. https://www.nhtsa.gov/docu
(Motor Vehicles) Report 3000-345-159R, ment/washington-crash-report-
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
§ 46.52.030 rev. 7/2006 3000-345-159r-rev-72006
50. USA West Virginia Virginia Code § 17C-4- West Virginia DMV-17- 1. https://www.nhtsa.gov/docu
6 Immediate notification C Crash Report, Revised ment/west-virginia-dmv-17-c-
of crashes 2/2007 crash-report-revised-22007
Virginia Code § 17C-4-
7 Report of crashes
Virginia Code § 17C-4-
9 Crash report forms
51. USA Wisconsin Wisc. Vehicle Code § Wisconsin MV 4000-899 1. https://www.nhtsa.gov/docu
346.70 Accident Crash Report, Revised ment/wisconsin-mv-4000-899-
reporting 9/2007 crash-report-revised-92007
Fatal Supplement MV 2. https://www.nhtsa.gov/docu
3480, Revised 12/2005 ment/fatal-supplement-mv-
3480-revised-122005
Operator Report MV
4002, Revised 12/2005 3. https://www.nhtsa.gov/docu
ment/operator-report-mv-4002-
revised-122005
52. USA Wyoming Requirements on Wyoming PR902 Crash 1. https://www.nhtsa.gov/docu
scene: §31-5-1101 to 31- Report, revised 6/2006 ment/wyoming-pr902-crash-
5-1104 report-revised-62006
Police
PR 902A Additional
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Vehicle Supplement, 2. https://www.nhtsa.gov/docu
5-1105 to 31-5-1112
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Supplement, revised
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ment/pr902c-non-motorist-
PR902C Non-Motorist supplement-revised-6262006
Supplement, revised
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ment/pr902e-bus-supplement-
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Supplement, revised
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ment/wyoming-pr901-operator-
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ment/pr-901b-operator-
PR 901B Operator truckcmvbus-supplemental-
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Supplemental Report,
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53. USA Guam Guam Police Crash 1. https://www.nhtsa.gov/docu
Report, revised 7/2007 ment/guam-police-crash-report-
revised-72007
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
54. USA Puerto Rico Puerto Rico PPR-94 1. https://www.nhtsa.gov/sites/
Crash Report, Revised nhtsa.dot.gov/files/documents/pr
01/1988 _par1web.pdf
55. USA Virgin Islands Virgin Islands Uniform 1. https://www.nhtsa.gov/docu
Crash Report, approved ment/virgin-islands-uniform-
5/2007 crash-report-approved-52007
56. UK Driver and Section 170 of the Road Report an incident or 1. https://assets.publishing.serv
Vehicle Traffic Act 1988 collision involving a ice.gov.uk/government/uploads/
Standards public service vehicle system/uploads/attachment_data
Agency (PSV) /file/839674/Report-an-incident-
or-collision-involving-a-public-
DVSA PSV112 page 3 of service-vehicle.pdf
5 October 2019
57. Europe Federal 741.01 Constat Amiable 1. https://www.smeno.com/file
Council, Swiss Federal Law on Road D' Accident Automobile admin/user_upload/constat_ami
Government Traffic (LCR) European Accident able_auto.pdf
France, Statement
Switzerland 2. https://web.wcc.axa.be/wcc/
SiteCollectionDocuments/ES.P
DF
20. The Transport Research Wing (TRW) of Ministry of Road Transport
and Highways has devised Road Accident Recording & Reporting Formats
to be furnished by all State Police Departments to the Ministry of Road
Transport and Highways. The Ministry has devised 18 formats in five
sections namely, accident identification details; road related details; vehicles
involved in accident; driver's details; and persons other than drivers
involved in accident.
21. This Court is of the view that it would be appropriate to incorporate
the benevolent provisions of the formats of the developed countries and the
formats devised by Ministry of Road Transport and Highways, in the
formats developed by this Court.
22. On 31st August, 2020, this Court considered the mandatory formats of
the developed countries relating to motor accident claims as well as the
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
formats developed by Transport Research Wing (TRW) of Ministry of Road
Transport and Highways. This Court impleaded and directed Transport
Research Wing (TRW) of Ministry of Road Transport and Highways to
undertake the task of revising the DAR to incorporate the best practices from
the formats of the developed countries as well as the formats of the
Transport Research Wing (TRW) of Ministry of Road Transport and
Highways.
23. On 14th September, 2020, Transport Research Wing (TRW) of
Ministry of Road Transport and Highways constituted a High Power Expert
Committee on the directions of this Court to incorporate the best practices
relating to the accident forms of the developed countries and to revise the
DAR. The Committee comprised of the following experts:
(i) Ms. Babni Lal, Economic Advisor Transport, MoRTH as
Chairperson
(ii) Mr. Pramod Kumar, Inspector General of Police, Tamil Nadu
(iii) Mr. Sriram Taranikanti, Principal Secretary, Transport, Govt. of
Tripura
(iv) Mr. Sanjeev Kumar, Chief Engineer, Road Safety Wing,
MoRTH
(v) Dr. B.N. Shetty, Director Technical, Ministry of Home Affairs
(vi) Prof. Geetam Tiwari, Professor, Indian Institute of Technology
Delhi
(vii) Prof. Venkatesh Balasubramanyam, Professor, Indian Institute
of Technology Madras
(viii) Ms. Tanu Jain, Assistant Director General, Ministry of Health
& Family Welfare
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
(ix) Dr. A. Mohan, Scientist, National Informatics Centre
(x) Dr. Aditya Medury, Assistant Professor, Indian Institute of
Technology Kanpur
(xi) Dr. G. Gupta, National Consultant, World Health Organization
(xii) Mr. Vivek Kishore, Director - Road Safety, MoRTH
(xiii) Mr. R.K. Puri, Assistant Director, TRW, Member Secretary
(xiv) Ms. Y. Priya Bharath, CGM, IRDA as Special Invitee
24. On 25th September, 2020, the Expert Committee submitted its Report
dated 21st September, 2020 along with the revised DAR. On 25th September,
2020, Mr. Rajesh Deo, DCP-Legal Cell (PHQ) of Delhi Police pointed out
that the Supreme Court has constituted a Committee for implementation of
the Special Scheme formulated by Delhi High Court all over the country in
terms of the directions contained in Jai Prakash (supra) and M. R. Krishna
Murthi (supra). The DGPs of the police of various States submitted before
the Supreme Court Committee that the format of DAR be simplified; the
DAR be divided into 2-3 parts; and the essential information/documents be
furnished at an early stage and the time period for furnishing the remaining
information be extended. Delhi Police sought extension of time to file the
DAR from 30 days to 90 days on the ground that the Motor Vehicles Act,
1988 has been recently amended on 09th August, 2019 by the Motor Vehicles
(Amendment) Act, 2019 by which Section 159 has been incorporated.
Section 159 requires the police to file Accident Information Report within
three months. This Court directed the Delhi Police to submit their
suggestions for the division of DAR into 2-3 parts to the Committee.
25. Mr. Kirtiman Singh, learned Standing Counsel for Central
Government; Mr. Rahul Mehra, learned Standing Counsel for Delhi Police;
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Mr. Sidharth Luthra, Mr. Vikas Pahwa, Mr. Rajshekhar Rao and Mr. Satyam
Thareja assisting this Court as Amici Curiae and Mr. S.P. Jain, learned
counsel for GoDigit GIC have given suggestions to the Expert Committee.
26. Mr. H.S. Phoolka, learned Senior Counsel submits on behalf of urged
at the time of hearing that Bachpan Bachao Andolan has filed
C.M.31818/2020 for incorporating appropriate provisions in the Scheme for
the protection and care of minor children of the victim(s) as per the
provisions of Juvenile Justice (Care and Protection of Children) Act, 2015.
It is submitted that in case of any minor child/children of the victim(s) of the
accident, an appropriate Form be formulated to be submitted by the
victim(s) to the Investigating Officer containing the relevant particulars
namely name, age, gender, details of the school/class in which child is
studying, the details of the school fees and expenditure of the child on
education, medical etc. within 60 days of the accident and the Investigating
Officer be directed to send this Form along with the DAR to Child Welfare
Committee to ascertain whether the child is in need of care and protection as
per the provisions of Juvenile Justice (Care and Protection of Children) Act,
2015. It is further submitted that the copy of this Form be also sent to Delhi
State Legal Services Authority (DSLSA) to assign a lawyer to assist the
child/children of the victim(s) to avail their legal remedies/rights including
education.
27. The Expert Committee considered the suggestions of Delhi Police,
learned amici curiae as well as the counsels mentioned above and submitted
the Reports dated 12th October, 2020 and 05th November, 2020.
Conclusion
28. On careful consideration of the Reports of the Committee appointed
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
by Ministry of Road Transport and Highways, this Court considers it
appropriate to modify the Claims Tribunal Agreed Procedure formulated by
this Court in Rajesh Tyagi - III.
29. This Court is of the view that it would be appropriate to extend the
time for filing of Detailed Accident Report (DAR) from 30 days to 90 days
to bring the Scheme in consonance with Section 159 of the amended Motor
Vehicles Act. This Court has divided the Detailed Accident Report (DAR)
into three parts: Interim Accident Report (IAR) to be filed within 50 days of
the accident, Detailed Accident Report (DAR) to be filed within 90 days of
the accident and Victim Impact Report (VIR) to be filed after the conviction
of the accused.
30. This Court has incorporated the benevolent provisions of the formats
of the developed countries and the formats of Transport Research Wing
(TRW) of Ministry of Road Transport and Highways in this Scheme. This
Court has introduced the Forms to be filled by the Driver, Owner, and
Victim(s) in the New Scheme.
31. This Court has formulated a new Scheme for Motor Accident Claims
which is annexed to this judgment. The salient features of this Scheme are as
under:-
I. The Investigating Officer shall intimate the accident to the Claims
Tribunal by submitting First Accident Report (FAR) in Form - I within 48
hours of the intimation of the accident. If the particulars of insurance policy
are available, the intimation of the accident in Form - I shall be given to the
Nodal Officer of the concerned Insurance Company of the offending vehicle.
The Investigating Officer shall furnish the copy of FAR to the victims as
well as DSLSA. The Investigating Officer shall furnish the copy of FAR to
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Delhi State Legal Services Authority (DSLSA). The particulars of the
accident shall also be uploaded on the website of Delhi Police.
II. The driver of the vehicle(s) involved in the accident shall furnish the
relevant information namely his name, age, gender, income, driving license,
period of validity of license, vehicle registration number, particulars of the
owner and insurance of the vehicle etc., to the Investigating Officer in
Form-III within 30 days of the accident.
III. The owner of the vehicle(s) involved in the accident shall furnish the
relevant information namely particulars of the driver, particulars of the
insurance policy, particulars of permit and fitness etc. in Form - IV to the
Investigating Officer within 30 days of the accident.
IV. The Investigating Officer shall submit Interim Accident Report (IAR)
in Form - V before the Claims Tribunal within 50 days of the accident.
V. The Victim(s) of the accident shall furnish the relevant information
and the documents to the Investigating Officer in Form - VIA and VIB
within 60 days of the accident.
VI. The Investigating Officer shall furnish the copy of the Victim's Forms
along with the documents to the Insurance Company of the offending
vehicle along with DAR whereupon the Insurance Company shall verify the
information and documents furnished by the victim(s) within 30 days of the
receipt of the DAR.
VII. The Investigating Officer shall send the copy of the Victim's Form -
VIB to the Child Welfare Committee along with DAR whereupon the Child
Welfare Committee shall conduct an inquiry to ascertain whether the
child/children of the victim(s) is/are in need of protection and care in terms
of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
VIII. The Investigating Officer shall complete the investigation of the
criminal case and file the Report under Section 173 CrPC before the
Metropolitan Magistrate within 60 days of the accident.
IX. The Investigating Officer shall complete the verification of the
information and documents furnished by the driver and owner of the
vehicle(s) and submit the DAR with the Claims Tribunal in Form - VII
within 90 days of the accident.
X. In the event of failure of the driver(s), owner(s), Insurance Company
and/or claimant(s) to disclose any relevant information and documents, the
Investigating Officer shall seek necessary directions from the Claims
Tribunal whereupon the Claims Tribunal shall direct the parties in default to
submit the requisite Form i.e. Driver's Form - III, Owner's Form - IV or
Victim's Form - VIA and VIB, along with the relevant documents directly
with the Claims Tribunal within 15 days.
XI. The Insurance Company shall examine the DAR and shall submit its
decision before the Claims Tribunal in Form - XI within 30 days of the
receipt of the copy of the DAR from the Investigating Officer.
XII. After the conviction of the accused in the criminal case, the learned
Metropolitan Magistrate shall send the copy of the judgment as well as the
affidavit of the accused with respect to his assets and income to DSLSA
whereupon DSLSA shall conduct a summary inquiry and submit a Victim
Impact Report (VIR) in Form - XII before the learned Metropolitan
Magistrate within 30 days in terms of the Full Bench judgment of this Court
in Karan v. State NCT of Delhi, Crl.A.352/2020 decided on 27th November,
2020.
32. The flowchart of this Scheme is given in Form - II which is
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
reproduced hereunder:
FLOW CHART OF SCHEME FOR MOTOR ACCIDENT CLAIMS
Motor Vehicle
34. Accident
DSLSA Delhi Police
First Accident Report (FAR) - Form-I
By IO to Claims Tribunal Website
Within 48 Hours
Rights of Victim(s) of road accident in Form-II
By IO to Victim(s) within 10 days
Driver's Form-III Owner's Form-IV
By driver to IO within 30 days By owner to IO within 30 days
Interim Accident Report (IAR) - Form-V
By the IO to Claims Tribunal within 50 days
Insurance
Company
Victim's Form-VIA and Form-VIB
Victim(s) By victim(s) to IO within 60 days
Detailed Accident Report (DAR) - Form-VII
By IO to Claims Tribunal within 90 days
Insurance Form-XI
By Insurance Company to Claims Tribunal within 30 days
The Insurance Company The Insurance Company does
accepts the liability and not accept the liability and
submits an offer of discloses grounds to contest
compensation in Form-XI the case in Form- XI
If the amount offered by the If the amount offered by the The Claims Tribunal shall
Insurance
35. Company is Insurance Company is not fair conduct an inquiry to be
fair/reasonable and and/or not acceptable to the completed within 12 months of
acceptable to the claimants, claimants, the Claims Tribunal shall the accident.
36.Claims Tribunal shall
the hear the arguments with respect to
pass a Consent Award the quantum of compensation and
pass an award
Proceeding to be completed Proceeding to be completed Proceeding to be completed
within six months within nine months within twelve months
37. of the accident of the accident of the accident
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
33. The modified Claims Tribunal Agreed Procedure formulated by this
Court in Rajesh Tyagi - III is substituted with this Scheme for Motor
Accidents Claims which shall be implemented by the Claims Tribunals,
Delhi Police and Insurance Companies w.e.f. 02nd April, 2021.
34. Mr. H.S. Phoolka, Mr. Sidharth Luthra, Mr. Vikas Pahwa, Mr.
Rajshekhar Rao and Mr. Satyam Thareja assisting this Court as Amici
Curiae submit that successful implementation of this Scheme requires strict
implementation by the Police, Insurance Companies as well as Claims
Tribunals and a Committee be constituted to supervise the implementation
and take remedial measures.
35. A Committee is hereby constituted to supervise the implementation of
this Special Scheme comprising of the following members:-
(i) Sitting or former Judge of this Court to be nominated by the
Hon'ble Chief Justice as Chairperson.
(ii) Member Secretary, DSLSA as Convener of the Committee.
(iii) Special Commissioner of Police to be nominated by the
Commissioner of Police.
(iv) Additional Secretary in the Ministry of Road Transport and
Highways to be nominated by the Secretary, Ministry of Road
Transport and Highways.
(v) Secretary General, General Insurance Council (GIC).
Delhi State Legal Services Authority (DSLSA) shall provide the
necessary infrastructure/support staff to the Committee. Delhi State Legal
Services Authority (DSLSA) shall bear the necessary expenditure for the
functioning of the Committee.
36. Delhi Police as well as the Insurance Companies shall file monthly
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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reports before the Committee with respect to the compliance of the
provisions of the Scheme for the previous month. The first report for the
period 02nd April, 2021 to 30th April, 2021 be filed by 20th May, 2021 and
thereafter by 20th of each month. The Committee shall prescribe the format
of the compliance report which shall be circulated to the Delhi Police and
the Insurance Companies. The Committee shall consider the reports and take
such remedial measures as may be considered necessary for successful
implementation of the Scheme.
37. The Claims Tribunals shall expedite the adjudication of accident cases
and make an endeavour to decide these cases within the timelines mentioned
in the flow chart. The Claims Tribunals shall send the monthly statement of
MACT cases decided within the timelines mentioned in the Flow Chart as
well as those which could not be decided within the timelines along with the
reasons for such delay, to the Registrar General of this Court. The Registrar
General shall consider the said statements in terms of the directions of the
Supreme Court in Jai Prakash v. National Insurance Co., S.L.P. (C.)
11801-11804/2005, vide order dated 13th May 2016. The Registrar General
shall place these statement(s)/report(s) before the ACR Committee of the
Judicial Officer.
38. If any modification is considered necessary in this Scheme, the same
shall be carried out by the Committee after hearing the stakeholders. Any
suggestion or grievance with respect to the working of this Scheme shall be
considered by the Committee.
39. Delhi Police shall modify/replace the Standing Order, Accident
Investigation Manual and Check-list in terms of the new Scheme within four
weeks. Delhi Police shall incorporate the directions contained in para 7 of
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
the judgment dated 14th February, 2020 in their Accident Investigation
Manual. The Delhi Police shall also create a Monitoring Cell to ensure the
implementation of this Scheme within four weeks. Delhi Police shall
consider preparing system/software in which the non-filing/delay in filing
the reports namely FAR, IAR and DAR within the stipulated timelines will be
automatically intimated to the higher authorities.
40. On 14th February, 2020, this Court directed Delhi Police to implement
DAR procedure on the same lines as is being done in Tamil Nadu. This
Court constituted a Committee for developing the mobile/web application in
consultation with all the stakeholders. However, the Committee has not yet
submitted its report. The Committee shall complete the deliberations within
four weeks and submit a report before this Court on the next date of hearing.
41. On 14th February, 2020, this Court directed the pilot project
mentioned in the order dated 13th December, 2019 to be implemented in
respect of death cases in motor accidents in New Delhi District w.e.f. 15th
April, 2020. However, the pilot project has not yet commenced. The Delhi
Police is directed to implement the pilot project in terms of para 12 of the
order dated 14th February, 2020 under the present Scheme w.e.f. 02nd April,
2021.
42. All the Insurance Companies are directed to appoint a Nodal Officer
and intimate the name, address, phone numbers/mobile numbers and email
address of their Nodal Officer to DCP-Legal Cell (PHQ) of Delhi Police by
email within four weeks. The Delhi Police shall place on record the list of
Nodal Officers of all the Insurance Companies before the next date of
hearing.
43. On 03rd July, 2015, this Court noted that the appointment of 33
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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vacancies of Motor Legal Officers was scheduled to be completed by March,
2015. Government of NCT of Delhi and DSSSB are directed to file the
status report with respect to the 33 vacancies of Motor Legal Officers
mentioned in the order dated 03rd July, 2015. However, if the process is not
yet complete, the same be completed before the next date, failing which the
status report shall disclose the reasons for delay in appointment of Motor
Legal Officers as well as the name of the officers responsible for the same.
44. DSLSA and Delhi Police shall prepare a compilation of Frequently
Asked Questions (FAQs) relating to this Scheme and place the same before
this Court on the next date of hearing.
45. The Expert Committee appointed by the Transport Research Wing
(TRW) of Ministry of Road Transport and Highways had submitted
convenient digitalized Forms with colour codings along with its Reports.
The Transport Research Wing (TRW) of Ministry of Road Transport and
Highways is requested to convert Form - I to XII of this Scheme to
convenient digitalized Forms within a period of two weeks and the same be
placed for approval before this Court.
46. The Registry shall translate this Scheme and Forms in Hindi language
within two weeks and place the same before this Court on the next date.
47. List for reporting compliance on 26th February, 2021.
48. Motor Vehicles Act, 1988 has been amended in 2019 by which
Section 164C has been incorporated. Section 164C of the amended Act
empowers the Central Government to frame Rules to stipulate the Forms of
Accident Information Report under Section 159 of the Motor Vehicles Act.
However, Central Government has not yet framed the Rules and the Forms
under Section 164C (2) (a) (iii) of the Motor Vehicles Act, 1988. This Court
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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is of the view that this Scheme and the Forms can be incorporated in the
Rules being framed by the Government. The Ministry of Road Transport and
Highways shall consider this Scheme and the Forms at the time of framing
the Rules.
49. Government of NCT of Delhi notified Delhi Motor Accident Claims
Tribunal Rules, 2008 on 13th July, 2009. Government of NCT of Delhi shall
consider amending the Rules to incorporate this Scheme and the Forms.
50. This Court appreciates the valuable and effective assistance rendered
by Mr. Kirtiman Singh, learned Standing Counsel for Central Government
assisted by Mr. Waize Ali Noor, Advocate; Mr. Rahul Mehra, learend
Standing Counsel for Delhi Police assisted by Mr. Chaitanya Gosain,
Advocate; Mr. H.S. Phoolka, learned Amicus Curiae assisted by Ms.
Prabhsahay Kaur and Ms. Sampurna Behrua, Director (Legal) of Bachpan
Bachao Andolan; Mr. Sidharth Luthra, learned Amicus Curiae assisted by
Mr. Arjun, Advocate; Mr. Vikas Pahwa, learned Amicus Curiae assisted by
Mr. Sumer Singh Boparai, Advocate; Mr. Rajshekhar Rao, learned Amicus
Curiae assisted by Ms. Aanchal Tikmani, Advocate; Mr. Satyam Thareja,
learned Amicus Curiae; Mr. S.P. Jain, learned counsel for Go Digit GIC;
Mr.Gautam Jha, learned counsel for GIC; Mr. Akshay Chowdhary and Ms.
Anjali Agrawal, Law Researchers attached to this Court.
51. This Court appreciates the exemplary work done by the Committee
appointed by Transport Research Wing (TRW) of Ministry of Road
Transport and Highways comprising of Ms. Babni Lal, Economic Advisor
Transport, MoRTH as Chairperson; Mr. Pramod Kumar, Inspector General
of Police, Tamil Nadu; Mr. Sriram Taranikanti, Principal Secretary,
Transport, Govt. of Tripura; Mr. Sanjeev Kumar, Chief Engineer, Road
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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Safety Wing, MoRTH; Dr. B.N. Shetty, Director Technical, Ministry of
Home Affairs; Prof. Geetam Tiwari, Professor, Indian Institute of
Technology Delhi; Dr. Venkatesh Balasubramanyam, Professor, Indian
Institute of Technology Madras; Ms. Tanu Jain, Assistant Director General,
Ministry of Health & Family Welfare; Dr. A. Mohan, Scientist, National
Informatics Centre; Dr. Aditya Medury, Assistant Professor, Indian Institute
of Technology Kanpur; Dr. G. Gupta, National Consultant, World Health
Organization; Mr. Vivek Kishore, Director - Road Safety, MoRTH; Mr.
R.K. Puri, Assistant Director, TRW, Member Secretary and Ms. Y. Priya
Bharath, CGM, IRDA as Special Invitee. This Court also appreciates the
extraordinary efforts made by Mr. Rajesh Deo, DCP-Legal Cell (PHQ) of
Delhi Police and Mr. Priyank Bharti, Joint Secretary, Ministry of Road
Transport & Highways, as he then was [now Senior Directing Staff (Civil),
National Defence College (NDC), Department of Defence] in assisting this
Court.
52. C.M.31818/2020 is disposed off.
53. This Scheme for Motor Accident Claims along with Forms - I to XIX
be uploaded on the website of the District Courts in .pdf format along with
its Hindi translation by 15th March, 2021 to enable the lawyers and litigants
to download the same. The Report of the Committee appointed by this Court
in MAC. Appeal No. 1134/2017 relating to the cost of artificial limbs by
different suppliers be also uploaded on the website of the Districts Courts.
54. Copy of this judgment and Scheme for Motor Accident Claims along
with Forms - I to XIX and the Report of the Committee containing the list
of cost of artificial limbs in MAC. Appeal No. 1134/2017 be sent to the
Registrar General who shall circulate it to all the Claims Tribunals, Child
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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Welfare Committees and Delhi State Legal Services Authority (DSLSA).
55. Copy of this judgment along with this Scheme for Motor Accident
Claims and Forms - I to XIX be sent to Delhi Judicial Academy to sensitize
the Claims Tribunals about this Scheme. Delhi Judicial Academy shall
upload this judgment on their website (http://judicialacademy.nic.in) as good
practices of this Court.
56. National Judicial Academy is reporting the best practices of all the
High Courts on their website (www.nja.nic.in) under the head of Practices &
Initiatives of various High Courts. Copy of this judgment along with the
Scheme and the Forms be sent to National Judicial Academy.
J.R. MIDHA, J.
JANUARY 8, 2021
ds/dk/ak
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
SCHEME FOR
MOTOR ACCIDENT
CLAIMS
FORMULATED BY
DELHI HIGH COURT
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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SCHEME FOR
MOTOR ACCIDENT CLAIMS
FORMULATED BY DELHI HIGH COURT
S. No. CONTENTS Page
No.
2. Form-I-First Accident Report (FAR) to be submitted by 9
the Investigating Officer to the Claims Tribunal within
48 hours
3. Form-II-Rights of Victim(s) and Flow Chart of this 10
Scheme to be furnished by the Investigating Officer to
the Victim(s) within 10 days
4. Form-III-Driver's Form to be submitted by the driver 10
to the Investigating Officer within 30 days
5. Form-IV-Owner's Form to be submitted by the owner 10
to the Investigating Officer within 30 days
6. Form-V-Interim Accident Report (IAR) to be submitted 11
by the Investigating Officer to the Claims Tribunal
within 50 days
7. Verification of the Driver's Form and Owner's Form 11
by the Investigating Officer as well as the Insurance
Company
8. Form-VIA-Victim's Form to be submitted by the 12
Victim(s) to the Investigating Officer within 60 days
9. Form-VIB-Victim's Form to be submitted by the 12
Victim(s) in respect of the minor children to the
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SINGH KARKI
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Investigating Officer within 60 days
10. Verification of the Victim's Form by the Insurance 13
Company
11. Investigation of the criminal case to be completed by the 13
police within 60 days of the accident
12. Form-VII-Detailed Accident Report (DAR) to be 13
submitted by the Investigating Officer before the Claims
Tribunal within 90 days
13. Copy of DAR to be furnished to victim(s), owner/driver 14
of the offending vehicle(s), Insurance Company and
Delhi State Legal Services Authority (DSLSA)
14. Investigating Officer to seek necessary directions from 14
the Claims Tribunal
16. Examination of FAR, IAR and DAR by the Claims 15
Tribunal
17. Duty of the Investigating Officer to produce the 15
driver(s), owner(s), claimant(s) and eye witness(es)
before the Claims Tribunal
18. In case of an un-insured vehicle, the offenders to be 16
prosecuted under Section 196 of the Motor Vehicles Act
19. In case of fake driving licence/permit/fitness/insurance 16
policy, appropriate action to be taken in accordance with
law
20. Un-insured vehicle not to be released to the owner 16
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SINGH KARKI
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21. Duties of Police shall be construed to be part of State 17
Police Act
22. Duty of the Registration Authority to verify the 17
documents within 15 days of the application
23. Duty of the Hospital to issue MLC and Post-Mortem 17
Report within 15 days of the accident
24. Claims Tribunal shall treat DAR as a claim petition for 17
compensation under Section 166(4) of the Motor
Vehicles Act
25. In cases of charge of rash and negligent driving, the 18
Claims Tribunal shall register the case under Section
166 of the Motor Vehicles Act
26. Duty of the Insurance Companies to appoint a Nodal 19
Officer and intimate the Delhi Police
27. Duty of the Insurance Company to appoint a Designated 19
Officer within 10 days of the receipt of the first
intimation of the accident
28. Duty of the Insurance Company to verify the claim 19
29. Form-XI-Insurance Form to be submitted by the 20
Insurance Company before the Claims Tribunal within
30 days of DAR
30. Consent award to be passed where claimant(s) accepts 20
the offer of Insurance Company
31. Claimant(s) to respond to the offer of the Insurance 21
Company within 30 days
Digitally signed by:RAJENDER
SINGH KARKI
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32. If the compensation offered by the Insurance Company 21
is not fair and/or is not acceptable to the claimant(s), the
Claims Tribunal shall pass an award within nine months
from the date of accident
33. If the Insurance Company disputes the liability, the 21
Claims Tribunal shall conduct an Inquiry and pass an
award within one year from the date of accident
34. Duty of the Claims Tribunal to elicit the truth 22
35. Direction to the claimant(s) to open savings bank 22
account near the place of their residence in a
nationalized bank
36. Examination of the claimant(s) before passing of the 23
award
37. Form - XIII and XIV - Written submissions to be filed 24
by the parties before the Claims Tribunals
41. Form - XVII - Claims Tribunal shall deal with the 27
compliance of the provisions in the award
42. Claims Tribunal shall fix a date for reporting 27
compliance
43. Copy of the DAR as well as the award to be sent to the 28
concerned Metropolitan Magistrate
Digitally signed by:RAJENDER
SINGH KARKI
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44. Copy of the award to be sent to the Delhi State Legal 29
Services Authority (DSLSA)
45. Form - XVIII - Record of awards of the Claims 29
Tribunal
46. Form - XII- Victim Impact Report (VIR) to be filed by 29
Delhi State Legal Services Authority (DSLSA) before the
Metropolitan Magistrate within 30 days of the
conviction.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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FORM No. FORMS Page
No.
FORM No II. Rights of Victim(s) of road accident and flow chart 33
FORM No VIB. Victim's form relating to minor children 54
FORM No XIII. Format of written submissions in death cases 95
FORM No XIV. Format of written submissions in injury cases 97
FORM No XV. Summary of computation of award amount in death 100
cases to be incorporated in the award
FORM No XVI. Summary of the computation of award amount in 102
injury cases to be incorporated in the award
FORM No XVII. Compliance of the provisions of the Scheme to be 105
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SINGH KARKI
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mentioned in the award
FORM No XVIII. Format of record of awards to be maintained by the 107
Claims Tribunal
FORM No XIX. Motor Accident Claims Annuity Deposit 108
(MACAD) scheme
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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SCHEME FOR MOTOR ACCIDENT CLAIMS
FORMULATED BY DELHI HIGH COURT
1. Investigation of Road Accidents by Police
On receipt of the information of a road accident, the Investigating Officer of
Police shall immediately inspect the site of accident; take photographs of the
scene of the accident and the vehicle(s) involved in the accident and prepare
a site plan, drawn to scale, as to indicate the layout and width, etc., of the
road(s) or place(s), as the case may be; the position of vehicle(s) and
person(s) involved; and such other facts as may be relevant. In injury cases,
the Investigating Officer shall also take the photograph(s) of the injured in
the hospital. The Investigating Officer shall conduct an on the spot enquiry
by examining the eyewitnesses/bystanders.
2. Form-I-First Accident Report (FAR) to be submitted by the
Investigating Officer to the Claims Tribunal within 48 hours
2.1 The Investigating Officer shall intimate the accident to the Claims
Tribunal by submitting First Accident Report (FAR) in Form-I within 48
hours of the receipt of intimation of the accident.
2.2 If the particulars of insurance policy are available, the intimation of
the accident in Form-I shall be given to the Nodal Officer of the concerned
Insurance Company of the offending vehicle.
2.3 The Investigating Officer shall furnish the copy of FAR to the victims.
2.4 The Investigating Officer shall furnish the copy of FAR to Delhi State
Legal Services Authority (DSLSA).
2.5 The Investigating Officer shall upload FAR of the accident on the
website of Delhi Police.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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3. Form-II-Rights of Victim(s) of Road Accident and Flow Chart of
this Scheme to be furnished by the Investigating Officer to the
Victim(s) within 10 days
The Investigating Officer shall furnish Form-II containing the description of
Rights of Victim(s) of road accidents and flow chart of this Scheme to the
victim(s) (injured/legal representatives of deceased) within 10 days of the
accident against a written acknowledgement. Copy of Form-II containing
the acknowledgement of the victim(s) shall be filed by the Investigating
Officer before the Claims Tribunal along with Detailed Accident Report
(DAR).
4. Form-III-Driver's Form to be submitted by the driver to the
Investigating Officer within 30 days
The driver of the vehicle(s) involved in the accident shall furnish the
relevant information namely his name, age, gender, income, driving license,
period of validity of license, vehicle registration number, particulars of the
owner and insurance of the vehicle, etc., to the Investigating Officer in
Form-III within 30 days of the accident. (The Investigating Officer shall
provide blank Form-III to the driver who shall fill up the relevant
particulars and furnish the same to the Investigating Officer.) Form-III
5. Form-IV-Owner's Form to be submitted by the owner to the
Investigating Officer within 30 days
The owner of the vehicle(s) involved in the accident shall furnish the
relevant information namely particulars of the driver, particulars of the
insurance policy, particulars of permit and fitness etc. in Form-IV to the
Investigating Officer within 30 days of the accident. (The Investigating
Digitally signed by:RAJENDER
SINGH KARKI
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Officer shall provide blank Form-IV to the owner of the vehicles involved
in the accident whereupon the owner shall fill up the Form and furnish the
same to the Investigating Officer.)
6. Form-V-Interim Accident Report (IAR) to be submitted by the
Investigating Officer to the Claims Tribunal within 50 days
The Investigating Officer shall submit Interim Accident Report (IAR) in
Form-V before the Claims Tribunal within 50 days of the accident. The
Interim Accident Report (IAR) shall be accompanied with the documents
mentioned therein. The copy of the Interim Accident Report (IAR) along
with the documents shall be furnished to the Insurance Company, victim(s)
as well as Delhi State Legal Services Authority (DSLSA).
7. Verification of the Driver's Form and Owner's Form by the
Investigating Officer as well as the Insurance Company
The Investigating Officer as well as the Insurance Company shall verify the
information and documents furnished by the driver and owner of the
vehicle(s) involved in the accident in Form-III and Form-IV, respectively.
The Investigating Officer and the Insurance Company shall verify the
authenticity of the documents furnished by the driver and owner of the
vehicle(s) involved in the accident through information available on
VAHAN or by obtaining confirmation in writing from the Authority/or
person purporting to have issued the same or by such further investigation or
verification as may be deemed necessary. The Investigating Officer shall file
the Verification Report in Form-X before the Claims Tribunal along with
the Detailed Accident Report (DAR).
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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8. Form-VIA-Victim's Form to be submitted by the victim(s) to the
Investigating Officer within 60 days
The Victim(s) of the accident shall furnish the relevant information and the
documents in Form-VIA to the Investigating Officer within 60 days of the
accident. (The Investigating Officer shall provide blank Form-VIA to the
Victim(s) who shall fill up the relevant information/attach the relevant
documents and submit the same before the Investigating Officer).
9. Form-VIB-Victim's Form to be submitted by the Victim(s) in respect
of the minor children to the Investigating Officer within 60 days
In case of any minor child/children of the Victim(s) of the accident, the
Investigating Officer shall provide blank Form-VIB to the victim(s), who
shall fill up the relevant information/attach the relevant documents and
submit the same to the Investigating Officer within 60 days of the accident.
The Investigating Officer shall send the copy of the Victim's Form-VIA and
VIB along with DAR to Child Welfare Committee within 30 days of
receiving the aforesaid Form-VIA and VIB from the victim(s), to ascertain
if the child is a Child in Need of Care and Protection (CNCP) as per the
provisions of the Juvenile Justice (Care and Protection of Children) Act,
2015. The Investigating Officer shall also send copies of Form-VIA and
VIB along with the DAR to the Delhi State Legal Services Authority
(DSLSA) to assign a lawyer to assist the child/children to avail their legal
remedies/rights, including education, within 30 days of receiving the
aforesaid Form-VIA and VIB from the victim(s).
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
10. Verification of the Victim's Forms by the Insurance Company
The Investigating Officer shall furnish the copy of the Victim's Forms along
with the documents to the Insurance Company of the offending vehicle
along with DAR whereupon the Insurance Company shall verify the
information and documents furnished by the victim(s) within 30 days of the
receipt of the DAR.
11. Investigation of the criminal case to be completed by the police
within 60 days of the accident
The Investigating Officer shall complete the investigation of the criminal
case and file the Report under Section 173 CrPC before the Metropolitan
Magistrate within 60 days of the accident. The Investigating Officer shall
submit the copy of the Report under Section 173 CrPC before the Claims
Tribunal along with the Detailed Accident Report (DAR).
12. Form-VII - Detailed Accident Report (DAR) to be submitted by the
Investigating Officer before the Claims Tribunal within 90 days
The Investigating Officer shall complete the verification of the information
and documents furnished by the driver and owner of the vehicle(s) involved
in the accident and submit the Detailed Accident Report (DAR) with the
Claims Tribunal in Form-VII within 90 days of the accident. The Detailed
Accident Report (DAR) shall be accompanied with the documents
mentioned in Form-VII including the Site Plan in Form-VIII, Mechanical
Inspection Report in Form-IX and Verification Report in Form-X.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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13. Copy of DAR to be furnished to victim(s), owner/driver of the
offending vehicle(s), Insurance Company and Delhi State Legal
Services Authority
The Investigating Officer shall furnish the copy of the DAR to victim(s) of
the accident, owner/driver of the offending vehicle and the Nodal Officer of
the Insurance Company. Copy of the DAR (with proper pagination and
index) to be sent to the Insurance Company and others. The Investigating
Officer shall also furnish a copy of Detailed Accident Report (DAR) along
with the complete documents to Delhi State Legal Services Authority
(DSLSA). Delhi State Legal Services Authority (DSLSA) shall assist the
Claims Tribunal in determination of the just compensation payable to the
claimant(s) in accordance with law.
14. 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
claimant(s) to disclose any relevant information and/or documents, the
Investigating Officer shall seek necessary directions from the Claims
Tribunal whereupon the Claims Tribunal shall, direct the parties in default to
submit the requisite Form i.e. Driver's Form-III, Owner's Form-IV or
Victim's Form-VIA and VIB, along with the relevant documents directly
with the Claims Tribunal within 15 days.
15. Extension of time to file IAR and DAR
If the Investigating Officer is unable to file IAR within 50 days and/or DAR
within 90 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;
Digitally signed by:RAJENDER
SINGH KARKI
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where the driving licence is issued outside the jurisdiction of the Court, or
where the victim(s) suffered grievous injuries and is/are undergoing
continuous treatment, the Investigating Officer shall approach the Claims
Tribunal for extension of time to file IAR/DAR whereupon the Claims
Tribunal shall extend the time as it considers appropriate in the facts and
circumstances of each case.
16. Examination of FAR, IAR and DAR by the Claims Tribunal
The Claims Tribunal shall examine whether FAR, IAR and DAR are
complete in all respects. If the DAR is complete in all respects, the Claims
Tribunal shall fix a date for appearance of the driver(s), owner(s),
claimant(s) and the eye witness(es) and the Investigating Officer shall
produce them on the date so fixed. The Investigating Officer shall intimate
the date so fixed by the Claims Tribunal to the Nodal Officer of the
Insurance Company and the Insurance Company shall enter appearance on
the date fixed. If the DAR is not complete, the Claims Tribunal shall direct
the Investigating Officer to complete the same and shall fix a date for its
completion.
17. Duty of the Investigating Officer to produce the driver(s), owner(s),
claimant(s) and eye witness(es) before the Claims Tribunal
The Investigating Officer shall produce the driver(s), owner(s), claimant(s)
and the eye witness(es) before the Claims Tribunal, after the order of the
Claims Tribunal that the DAR is complete in all respects. However, if the
Investigating Officer is unable to produce the owner(s), driver(s),
claimant(s) and eye witness(es) before the Claims Tribunal on the date fixed
by the Claims Tribunal for reasons beyond his control, the Claims Tribunal
Digitally signed by:RAJENDER
SINGH KARKI
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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 Nodal Officer of 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.
18. In case of an un-insured vehicle, the offenders to be prosecuted
under Section 196 of the Motor Vehicles Act
In case of an un-insured offending vehicle, the Investigating Officer shall
prosecute the person(s) liable for violation of Section 196 of the Motor
Vehicles Act, including the driver, owner and any person who allowed the
un-insured vehicle to be driven.
19. In case of fake driving licence/permit/fitness/insurance policy,
appropriate action to be taken in accordance with law
If the driving licence/permit/fitness/insurance policy is found to be fake, the
Investigating Officer shall take appropriate action in accordance with law.
20. 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 if 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 offending vehicle involved in the accident
shall not be released, unless the registered owner furnishes sufficient
security to the satisfaction of the Court to pay compensation that may be
awarded. On expiry of three months of the vehicle being taken in possession
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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by the Investigating Officer, such vehicle shall be sold off in a public
auction by the Magistrate having jurisdiction over the area where the
accident occurred and proceeds thereof shall be deposited with the
concerned Claims Tribunal within 15 days for satisfying the compensation
that may be awarded by the Claims Tribunal.
21. 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.
22. Duty of the Registration Authority to verify the documents within 15
days of the application
The Registration Authority shall verify the registration certificate, driving
licence, fitness and permit in respect of the vehicle(s) within 15 days of the
application being made by the Investigating Officer.
23. 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.
24. Claims Tribunal shall treat DAR as a claim petition for
compensation under Section 166(4) of the Motor Vehicles Act
24.1 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.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
24.2 If the Investigating Officer is unable to produce the claimant(s) on the
first date of hearing, the Claims Tribunal shall register the DAR as a claim
petition after the appearance of the claimant(s).
24.3 If the claimant(s) file a separate claim petition, DAR shall be tagged
along with the claim petition.
24.4 If the Report under Section 173 CrPC has not been filed at the time of
filing of the DAR, the Claims Tribunal shall either await the filing of the
Report under Section 173 CrPC or record the statement of the eye
witness(es) to satisfy itself with respect to the negligence before passing the
award.
24.5 The Claims Tribunal shall register the First Accident Report (FAR) as
a miscellaneous application and the Interim Accident Report (IAR) as well
as Detailed Accident Report (DAR) shall be taken on record in that
Miscellaneous Application.
25. In cases of charge of rash and negligent driving, the Claims
Tribunal shall register the case under Section 166 of the Motor
Vehicles Act
The Claims Tribunal shall register the case under Section 166 of the Motor
Vehicles Act, if DAR and in particular, the Report under Section 173 CrPC
has brought a case of rash and negligent driving. However, in cases where
the DAR does not bring a charge of negligence or the claimant(s) choose to
claim compensation on No-fault basis despite the charge of negligence, the
Claims Tribunal shall register the claim as a No-fault liability case under the
Motor Vehicles Act.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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26. Duty of the Insurance Companies to appoint a Nodal Officer and
intimate the Delhi Police
All the Insurance Companies shall appoint a Nodal Officer and intimate the
name, address, phone numbers/mobile numbers and email address of their
Nodal Officer to DCP-Legal Cell (PHQ) of Delhi Police who shall instruct
all the Investigating Officers of Delhi Police dealing with the investigation
of motor accident claims to send relevant forms and documents to the Nodal
Officer by e-mail.
27. Duty of the Insurance Company to appoint a Designated Officer
within 10 days of the receipt of the first intimation of the accident
Upon receipt of the first intimation of accident, the Insurance Company shall
appoint a Designated Officer for that case 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 compensation payable to the
claimant(s) in accordance with law.
28. Duty of the Insurance Company to verify the claim
The Insurance Companies are duty bound to verify the
correctness/genuineness of the claim. The Insurance Companies shall direct
their own officer(s) or appoint an investigator or surveyor to verify the
claim. 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. If the Insurance Company,
upon investigation, finds a case of fake accident, the Insurance Company is
at liberty to file an application before the DCP concerned to requisition the
CDR record of the driver of the offending vehicle.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
29. Form-XI to be submitted by the Insurance Company before the
Claims Tribunal within 30 days of DAR
If the liability to pay the compensation is not disputed, the Insurance
Company shall take a decision as to the quantum of compensation payable to
the claimant(s) in accordance with law within 30 days of the date of receipt
of the copy of DAR from the Investigating Officer. The decision taken by the
Designated Officer of the Insurance Company shall be in writing and it shall
be a reasoned decision. The report of the Designated Officer of the Insurance
Company to be submitted before the Claims Tribunal shall be in Form -XI.
However, if the Insurance Company does not admit the liability to pay the
compensation, it shall disclose the grounds of defence in Form-XI and shall
file the copy of report of Surveyor/Investigator along with Form-XI.
30. Consent award to be passed where claimant(s) accepts the offer of
Insurance Company
The compensation assessed by the Designated Officer of the Insurance
Company shall constitute a legal offer to the claimant(s) and if the said
amount is fair and acceptable to the claimant(s), the Claims Tribunal shall
pass a consent award and shall provide 30 days time to the Insurance
Company to deposit the award amount. However, before passing the consent
award, the Claims Tribunal shall ensure that the claimant(s) are awarded just
compensation in accordance with law. The Claims Tribunal shall ensure that
the consent award is passed within six months from the date of accident.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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31. Claimant(s) to respond to the offer of the Insurance Company
within 30 days
If the claimant(s) 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.
32. If the compensation offered by the Insurance Company is not fair
and/or is not acceptable to the claimant(s), the Claims Tribunal
shall pass an award within nine months from the date of accident
If the amount offered by the Insurance Company is not fair/reasonable
and/or is not acceptable to the claimants, the Claims Tribunal shall
determine the amount after hearing the parties and shall pass an award. The
Claims Tribunal shall ensure that the award is passed within nine months
from the date of accident.
33. If the Insurance Company disputes the liability, the Claims Tribunal
shall conduct an Inquiry and pass an award within one year from
the date of accident
If the Insurance Company disputes the liability to pay the compensation, it
shall disclose the grounds of defence in Form-XI. If the Claims Tribunal
considers the recording of evidence necessary, the Claims Tribunal shall
conduct an inquiry in terms of Sections 168 and 169 of the Motor Vehicles
Act to be completed within one year from date of accident. If the Claims
Tribunal is unable to complete the inquiry within one year, it shall record
reasons thereof in the award. The Claims Tribunal shall follow the principles
laid down in Mayur Arora v. Amit, 2011 (1) TAC 878 in conducting the
inquiry. The Claims Tribunal may direct the recording of the evidence by the
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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Local Commissioner, if the Insurance Company is willing to bear the fees of
the Local Commissioner.
34. Duty of the Claims Tribunal to elicit the truth
Before passing the award on the basis of the DAR, the Claims Tribunal shall
satisfy itself that the statements made in the DAR are true. DAR is merely an
opinion of the Investigating Officer and is not to be treated as legal
evidence. The DAR is to be considered like a Report under Section 173
CrPC and the Claims Tribunal shall satisfy itself with respect to the
genuineness of the claim as well as all the relevant facts. For example, in
death case(s), the Claims Tribunal shall direct the claimant(s) to produce the
original documents relating to age, occupation and income of the deceased
and an award shall be passed after the satisfaction of Claims Tribunal with
respect to all the relevant facts. Similarly, in injury case(s), the Claims
Tribunal shall examine the injured and the relevant medical records to
satisfy itself with respect to the nature of the injuries and percentage of the
functional disability of the injured. The Claims Tribunal may consider
examining the parties under Section 165 of the Evidence Act. Reference be
made to Ved Prakash Kharbanda v. Vimal Bindal, (2013) 198 DLT 555 for
the scope of Section 165 of the Evidence Act.
35. Direction to the claimant(s) to open savings bank account near the
place of their residence in a nationalized bank
The Claims Tribunal shall direct the claimant(s), on the very first date of
their appearance, to open a savings bank account in a nationalized bank near
the place of their residence and the concerned bank be directed not to issue
any cheque book(s) and/or debit card(s) to the claimant(s) and if the same
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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have already been issued, the bank be directed to cancel the same and make
an endorsement on the passbook of the claimant(s) to the effect that no
cheque book and/or debit card shall be issued to the claimant(s) without the
permission of the Claims Tribunal. The claimant(s) be directed to produce
the copy of the order passed by the Claims Tribunal before the concerned
bank whereupon the bank be directed to make an endorsement on the
passbook. The claimant(s) be directed to produce the passbook with the
necessary endorsement as well as Aadhaar Card and PAN Card before the
Claims Tribunal.
36. Examination of the claimant(s) before passing of the award
36.1 The Claims Tribunal shall, before or at the time of passing of the
award, examine the claimant(s) to ascertain their financial condition/needs,
mode of disbursement and amount to be kept in fixed deposits.
36.2 The Claims Tribunal shall ensure that the following documents of the
claimants are taken on record before the disbursement of the award amount:
(a) Aadhaar Card and PAN Card;
(b) Details of the Bank Account(s) of the Claimant(s) near the place of
their residence along with the proper endorsement; and
(c) Two sets of photographs and specimen signatures of the
claimant(s).
36.3 Before disbursement of the award amount, the Claims Tribunal shall
satisfy that the savings bank account(s) of the claimant(s) is near the place of
their permanent residence and an endorsement has been made by the bank
on the passbook of the claimant(s) to the effect that no cheque book(s)
and/or debit card(s) shall be issued to the claimant(s) without prior
permission of the Claims Tribunal. If the claimant(s) bank account is not
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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near the place of their permanent residence, the Claims Tribunal shall defer
the disbursement of award amount till passbook(s) of savings bank
account(s) of the claimant(s) in a nationalized bank near the place of their
permanent residence is not produced along with necessary endorsement.
36.4 At the time of passing of the award, the Claims Tribunal shall
examine whether the claimant(s) is/are entitled to exemption of deduction of
TDS and if so, the claimant(s) shall submit Form 15G or Form 15H (for
senior citizen) to the Insurance Company so that no TDS is deducted. The
Claims Tribunal shall record a finding on this aspect at the time of passing
of the award.
37. Written submissions to be filed by the parties before the Claims
Tribunals in Form-XIII and XIV
Both the parties shall file the written submissions with respect to their
computation of compensation before the Claims Tribunal in Form-XIII for
death cases and Form-XIV for injury cases.
38. Deposit of the award amount
38.1 The Claims Tribunal shall direct the Insurance Company to deposit
the award amount or transfer the same by RTGS/NEFT/IMPS directly to the
bank account of the Claims Tribunal within 30 days of the award. However,
if the Insurance Company decides to file an appeal against the impugned
award, the Insurance Company shall seek extension of time to deposit the
award amount whereupon the Claims Tribunal shall withhold coercive
action till the expiry of 90 days from the date of the award.
38.2 The respondent(s) held liable to pay compensation by the Claims
Tribunal shall give notice of deposit of the compensation amount to the
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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claimant(s) and shall file a compliance report with the Claims Tribunal with
respect to the deposit of the compensation amount within 15 days of the
deposit with the interest upto the date of notice of deposit to the claimant(s)
with a copy to their counsel. The names and addresses of the claimant(s) and
their counsel shall be mentioned in the award for issuance of notice of
deposit.
39. Disbursement of the award amount
The Claims Tribunal shall disburse the award amount through Motor
Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated
by this Court vide order dated 01st May, 2018. Copy of the Motor Accident
Claims Tribunal Annuity Deposit (MACAD) Scheme is Form-XIX. The
following 21 Banks are implementing the MACAD Scheme:(i) State Bank
of India, (ii) Punjab National Bank (iii) UCO Bank (iv) Bank of Baroda (v)
Allahabad Bank (vi) Oriental Bank of Commerce (vii) IDBI Bank (viii)
Indian Overseas Bank (ix) Andhra Bank (x) Bank of India (xi) Punjab &
Sind Bank (xii) Bank of Maharashtra (xiii) Canara Bank (xiv) Central Bank
of India (xv) Syndicate Bank (xvi) Corporation Bank (xvii) Dena Bank
(xviii) Union Bank of India (xix) United Bank of India (xx) Indian Bank
(xxi) Vijaya Bank.
40. 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 a phased
manner (For example, if a sum of Rs.5,50,000/- has been awarded to the
claimant(s), Rs.50,000/- may be released immediately and the remaining
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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amount of Rs.5,00,000/- may be kept in 50 fixed deposits of Rs.10,000/-
each, in the name of the claimant(s), for the period of one month to 50
months respectively, with cumulative interest). The Claims Tribunal shall
impose the following conditions with respect to the fixed deposits:-
(a) The Bank shall not permit any joint name(s) to be added in
the savings bank account or fixed deposit accounts of the
claimant(s) i.e. the savings bank account(s) of the claimant(s)
shall be an individual savings bank account(s) and not a joint
account(s).
(b) The original fixed deposit shall be retained by the bank in
safe custody. However, the statement containing FDR number,
FDR amount, date of maturity and maturity amount shall be
furnished by bank to the claimant(s).
(c) The monthly interest be credited by Electronic Clearing
System (ECS) in the savings bank account of the claimant(s)
near the place of their residence.
(d) The maturity amounts of the FDR(s) be credited by
Electronic Clearing System (ECS) in the savings bank account
of the claimant(s) near the place of their residence.
(e) No loan, advance, withdrawal or pre-mature discharge be
allowed on the fixed deposits without permission of the Court.
(f) The concerned bank shall not issue any cheque book and/or
debit card to claimant(s). However, in case the debit card and/or
cheque book have already been issued, bank shall cancel the
same before the disbursement of the award amount. The bank
shall debit card(s) freeze the account of the claimant(s) so that
no debit card be issued in respect of the account of the
claimant(s) from any other branch of the bank.
(g) The bank shall make an endorsement on the passbook of the
claimant(s) to the effect that no cheque book and/or debit card
have been issued and shall not be issued without the permission
of the Court and claimant(s) shall produce the passbook with
the necessary endorsement before the Court on the next date
fixed for compliance.
(h) It is clarified that the endorsement made by the bank along
with the duly signed and stamped by the bank official on the
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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passbook(s) of the claimant(s) is sufficient compliance of clause
above.
41. Form-XVII- Claims Tribunal shall deal with the compliance of the
provisions in the award
41.1 The Claims Tribunal shall incorporate the summary of computation of
compensation in the award in Form-XV for death cases and in Form-XVI
for injury cases.
41.2 The Claims Tribunal shall deal with the compliance of this Scheme
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, after affording an opportunity of hearing to 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, after affording an opportunity of hearing to
the concerned officer. The Claims Tribunal shall incorporate the
compliance of this Scheme in the award in Form-XVII.
42. Claims Tribunal shall fix a date for reporting compliance
42.1 The Claims Tribunal shall fix a date for reporting compliance in the
award itself. The Claims Tribunal shall direct the Insurance Company and/or
driver/owner to place on record the proof of deposit of the compensation
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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amount with upto date interest, the notice of deposit and the calculation of
interest on the date so fixed. Upon such proof being filed, the Claims
Tribunal shall ensure that the interest upto the date of notice of deposit has
been deposited by the party concerned.
42.2 If the award amount is not deposited within the stipulated period, the
Claims Tribunal shall attach the bank account of the Insurance Company
after 90 days of the award in terms of principles laid down in New India
Assurance Company Ltd. v. Kashmiri Lal, (2005) 125 DLT 571.
42.3 The Claims Tribunal shall execute its award in terms of the principles
laid down by this Court in Bhandari Engineers & Builders Pvt. Ltd. v.
Maharia Raj Joint Venture, MANU/DE/1497/2020.
42.4 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
claimant(s) to revive it after the decision of the appeal.
43. Copy of the DAR as well as the award to be sent to the concerned
Metropolitan Magistrate
43.1 The Claims Tribunal shall send a certified copy of the award passed
by the Claims Tribunal to the concerned Metropolitan Magistrate.
43.2 The Investigating Officer shall submit a copy of the DAR before the
concerned Metropolitan Magistrate within one week of submitting the same
before the Claims Tribunal.
43.3 The Investigating Officer shall submit the copy of the award passed
by the Claims Tribunal before the concerned Metropolitan Magistrate within
one week of the passing of the award.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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44. Copy of the award to be sent to the Delhi State Legal Services
Authority
The Claims Tribunal shall send the copy of the award to the Delhi State
Legal Services Authority (DSLSA).
45. Form-XVIII- Record of awards of the Claims Tribunal
The record of the awards passed by the Claims Tribunals shall be maintained
in a 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 compensation
has been received or not. The format of the record of the awards shall be in
Form-XVIII.
46. Form-XII-Victim Impact Report (VIR) to be filed by Delhi State
Legal Services Authority before the Metropolitan Magistrate within
30 days of the conviction.
After the conviction of the driver in the criminal case, the learned
Metropolitan Magistrate shall send the copy of the judgment as well as the
affidavit of the accused with respect to his assets and income to DSLSA
whereupon DSLSA shall conduct a summary inquiry and submit a Victim
Impact Report (VIR) before the learned Metropolitan Magistrate within 30
days of the conviction in terms of the Full Bench judgment of this Court in
Karan v. State NCT of Delhi, Crl.A.352/2020 decided on 27th November,
2020. The Victim Impact Report formulated by the Full Bench is attached
hereto as Form-XII.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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FORM-I
FIRST ACCIDENT REPORT (FAR)
By Investigating Officer to Claims Tribunal
Within 48 hours of the receipt of intimation of the Accident
Copy to Victim(s), Insurance Company and DSLSA
FIR No.
Date
Under Section
Police Station
1. Date of Accident
2. Time of Accident
3. Place of Accident
4. Source of Information □ Driver/Owner □Victim □Witness
□ Hospital □ Good Samaritan
□ Police □Others (Specify)
Name, mobile number & address of the Informant
Name
Mobile No.
Address
5. Nature of Accident □ Injury
□ Fatal
□ Damage/loss of the property
□ Any other loss/injury
Number of Vehicles involved
Whether Registration Number □ Yes □ No
of the Offending Vehicle
known
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SINGH KARKI
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Whether offending vehicle □ Yes □ No
impounded by the police
Whether the driver of the □ Yes □ No
offending vehicle found on the
spot
Number of Fatalities
Number of Injured
6. Details of the Hospital where victim(s) taken
Hospital Name
Address
Doctor's Name
7. Availability of CCTV □ Yes □ No
Footage
If yes, CCTV Footage be
preserved and be filed with
DAR
8. Details of Owner(s), Driver(s) and Insurance of the Vehicle(s)
Details Vehicle 1 Vehicle 2
(Offending vehicle)
Vehicle Details
Vehicle Registration No.
Driver Details
Name of the Driver
Address of Driver
Mobile No. of Driver
Owner Details
Name of the Owner
Digitally signed by:RAJENDER
SINGH KARKI
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Address of Owner
Mobile No. of Owner
Insurance Details
Insurance Policy No.
Period of Insurance Policy
Name of Insurance Company
Address of Insurance Company
9. Details of Victim(s)
Name Deceased /Injured Address & Contact Details
(i)
(ii)
(iii)
(iv)
(v)
(vi)
S.H.O./I.O
P.I.S. No. : _________________
Phone No. : _________________
P.S. : _________________
Date : _________________
Documents to be attached:
(i) Copy of FIR
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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FORM-II
RIGHTS OF VICTIM(S) OF ROAD ACCIDENTAND FLOW CHART OF
THIS SCHEME
To be handed over by IO to the
Victim/Family Members/Legal Representatives within 10 days of the accident
1. Right to immediate medical aid and treatment.
2. Right to copy of FIR.
3. Right to copy of First Accident Report (FAR) in Form - I.
4. Right to copy of Rights of Victim and Flow Chart of this Scheme in Form -II.
5. Right to copy of Driver's Form-III along with the documents.
6. Right to copy of Owner's Form-IV along with the documents.
7. Right to copy of Interim Accident Report (IAR) in Form-V along with the
documents.
8. Right to blank copy of format of Victim's Form-VIA and Form-VIB.
9. Right to copy of Detailed Accident Report (DAR) in Form-VII along with the
documents.
10. Right to copy of Insurance Form-XI.
11. Right to copy of Report under Section 173 Cr.P.C.
12. Right to copy of Victim Impact Report in Form-XII.
13. Right to copy of MLC and Post-Mortem Report.
14. Right to free legal aid from Delhi State Legal Services Authority.
15. Right to appear before the Claims Tribunal in person or through lawyer.
16. Right of a minor child/children (18 years or below) of the victim to be referred
to the Child Welfare Committee by the IO for Inquiry into their needs and
status.
17. Right of a minor child/children (18 years or below) of the victim to have the
Child Welfare Committee conduct an Inquiry through the District Child
Protection Officer into their well-being, medical needs, security, nutrition etc.
18. Right of a minor child/children (18 years or below) of the victim to get all
benefits of Juvenile Justice (Care and Protection of Children) Act, 2015 in
case the Child Welfare Committee returns a finding of a child being a Child in
Need of Care and Protection (CNCP).
19. Right of such minor child/children of the Victim to be placed in a Children's
Home in case both the parents died or the surviving parent is unable to take
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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care of the child, as provided under the Juvenile Justice (Care and Protection
of Children) Act, 2015.
20. Right to receive compensation under the Scheme for Motor Accident Claims
formulated by the Delhi High Court.
Flow Chart of this Scheme is attached.
S.H.O./I.O
P.I.S. No. : _________________
Phone No. : _________________
P.S. : _________________
Date : _________________
Acknowledgement of the Victim/Family Members/Legal Representatives
I have received this Form and the Flow Chart of the Scheme along with the copy
of a blank Victim's Form-VIA and Form-VIB.
___________________________
Victim/Family Members/Legal Representatives
Date : _________________
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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FLOW CHART OF SCHEME FOR MOTOR ACCIDENT CLAIMS
Motor Vehicle
2. Accident
DSLSA Delhi Police
First Accident Report (FAR) - Form-I
By IO to Claims Tribunal Website
Within 48 Hours
Rights of Victim(s) of road accident in Form-II
By IO to Victim(s) within 10 days
Driver's Form-III Owner's Form-IV
By driver to IO within 30 days By owner to IO within 30 days
Interim Accident Report (IAR) - Form-V
By the IO to Claims Tribunal within 50 days Insurance
Victim(s) Company
Victim's Form-VIA and Form-VIB
By victim(s) to IO within 60 days
Detailed Accident Report (DAR) - Form-VII
By IO to Claims Tribunal within 90 days
Insurance Form-XI
By Insurance Company to Claims Tribunal within 30 days
The Insurance Company The Insurance Company does
accepts the liability and not accept the liability and
submits an offer of discloses grounds to contest
compensation in Form-XI the case in Form- XI
If the amount offered by the If the amount offered by the The Claims Tribunal shall
Insurance
3. Company is Insurance Company is not fair conduct an inquiry to be
fair/reasonable and and/or not acceptable to the completed within 12 months of
acceptable to the claimants, claimants, the Claims Tribunal shall the accident.
4. Claims Tribunal shall
the hear the arguments with respect to
pass a Consent Award the quantum of compensation and
pass an award
Proceeding to be completed Proceeding to be completed Proceeding to be completed
within six months within nine months within twelve months
5. of the accident of the accident of the accident
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
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FORM-III
DRIVER'S FORM
By Driver of the vehicle(s) to Investigating Officer
Within 30 days of the Accident
Copy to Victim(s) and Insurance Company
FIR No.
Date
Under Section
Police Station
1. Driver Details
Name
Father's Name
Mobile No.
Address
2. Age/Date of Birth
3. Gender □ Male □ Female □ Other
4. Educational Qualifications □ Primary □ SSC □ HSC
□ Graduate □ Postgraduate □ Doctorate
□ Uneducated
5. Occupation □ Private Service □ Govt. Job
□ Professional □ Agriculture
□ Self-Employed
□ Others
6. Monthly Income Rs.
7. Driving Licence □ Permanent □ Learner's □ Juvenile
□ Without License
□ Others (Specify)
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SINGH KARKI
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8. Driving Licence No.
9. Period of Validity of Licence
10. Licensing Authority
11. Vehicle Registration No.
12. Vehicle Type
13. Owner Details
Name
Mobile No.
Address
14. Insurance Details
Policy No.
Period of Policy
Name of Insurance Company
Verification:
Verified at ________ on this _____day of ________ that the contents of the above Form
are true to my knowledge and the documents attached are true copies of their originals.
Photograph
and
Signature
of Driver
Documents to be attached:
(i) ID/address proof
(ii) Driving Licence
(iii) Insurance Policy
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM-IV
OWNER'S FORM
By Owner of the vehicle(s) to Investigating Officer
Within 30 days of Accident
Copy to the Victim(s) and Insurance Company
FIR No.
Date
Under Section
Police Station
1. Vehicle Details
Registration No.
Colour
Make
Model
Year of Manufacture
Chassis No.
Engine No.
Registering Authority Name
Vehicle Type □ Motorized 2-wheeler □ Auto
□ Car/Jeep/Taxi □ Cycle
□ Rickshaw □ Bicycle
□ Hand Drawn Cart
□ Tempo/Tractor □ Bus
□ Truck/Lorry
□ Animal Drawn Cart
□ Heavy Articulated Vehicle/ Trolley
□ Not Known
□ Others (Specify)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Vehicle Use Type □ Private Vehicle
□ Commercial Vehicle
□ Goods & Carriage
□ Garbage Truck
□ Taxi/Hired Vehicle
□ Public Service Vehicle
□ Educational Institute Bus
□ Others (Specify)
2. Owner Details
Name
In case of a company, give name of
person in-charge in terms of
Section 199 of the MV Act, 1988
Father's Name
Mobile No.
Address
Occupation
3. Driver Details
Name
Father's Name
Mobile No.
Address
Driving Licence No.
Period of Validity
Licensing Authority
4. Insurance Details
Policy No.
Period of Policy
Name of Insurance Company
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Address of Insurance Company
Details of previous Insurance
Policy
Whether the vehicle previously
involved in any MACT case?
If yes, give details of FIR and
MACT case.
5. In case of commercial vehicle
Permit details
Fitness details
6. Whether the owner reported □ Yes □ No
the accident to the Insurance
Company
Verification:
Verified at ________ on this _____day of ________ that the contents of the above Form
are true to my knowledge and the documents attached are true copies of their originals.
Documents to be attached:
(i) ID/address proof Photograph
(ii) Registration Certificate and
(iii) Driving Licence of the Driver Signature
(iv) Insurance Policy of
(v) Permit Owner
(vi) Fitness
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM-V
INTERIM ACCIDENT REPORT (IAR)
By Investigating Officer to Claims Tribunal
Within 50 days of Accident
Copy to Victim(s), Insurance Company and DSLSA
FIR No.
Date
Under Section
Police Station
1. Date of Accident
2. Time of Accident .
3. Place of Accident
4. Offending Vehicle
Registration No.
Vehicle Make
Vehicle Model
5. Driver of the offending vehicle
Name
Father's Name
Mobile No.
Address
Driving Licence □ Permanent □ Learner's □ Juvenile
□ Without License
□ Others (Specify)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Driving Licence No.
Validity of Licence
Licensing Authority
6. Owner of the offending vehicle
Name
Father's Name
Mobile No.
Address
7. In case of commercial vehicle
Permit details
Fitness details
8. Insurance Details
Policy No.
Period of Policy
Name of Insurance Company
Address of the Insurance
Company
9. Witness(es) to the accident
Witness-1: Name
Mobile No.
Address
Witness-2: Name
Mobile No.
Address
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Witness-3: Name
Mobile No.
Address
Witness-4: Name
Mobile No.
Address
10. Brief description of the Accident
11. Details of compliance(s)
(i) Date of filing of First Accident Report
(FAR)
(ii) Date of uploading FAR on the website of
Delhi Police
(iii) Date of delivery of FIR and FAR to the
Insurance Company
(iv) Date of delivery of FIR, Form-II and FAR to
the Victim(s)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
(v) Date of receipt of Form-III from the Driver
(vi) Date of receipt of Form-IV from the Owner
(vii) Date of delivery of Form-III and Form-IV to
the Insurance Company
(viii) Date of delivery of Form-III and Form-IV to
the Victim(s)
(ix) Whether the information/documents of the □ Yes □ No
driver/owner have been verified.
If yes, attach the Verification Report.
S.H.O./I.O
P.I.S. No. : _________________
Phone No. : _________________
P.S. : _________________
Date : _________________
Documents to be attached:
(i) First Accident Report (FAR)
(ii) Driver's Form-II along with documents submitted by the Driver
(iii) Owner's Form-III along with documents submitted by the Owner
(iv) Verification Report
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM-VI A
VICTIM'S FORM
By Victim(s) to Investigating Officer within 60 days of Accident
Copy to Insurance Company and DSLSA
FIR No.
Date
Under Section
Police Station
1. Date of Accident
2. Time of Accident
3. Place of Accident
4. Nature of case □ Simple Injury □ Grievous Injury
□ Fatal □ Damage/loss of the property
□ Any other loss/injury
5. Registration Number of
the offending vehicle
6. Owner Details
Name
Address
7. Driver Details
Name
Address
8. Insurance Details
Policy No.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Period of Policy
Name of Insurance
Company
DEATH CASE
9. Name of the deceased
10. Father's Name
11. Age / Date of Birth
12. Date of death
13. Gender of the deceased
14. Marital status of the deceased
15. Occupation of the deceased
16. If the deceased was employed, give
the name and address of the
employer
17. Income of the deceased
18. Whether the deceased was assessed □ Yes □ No
to Income Tax
If yes, file the copy of Income Tax
Returns for the last three years
19. Whether the deceased was the sole □ Yes □ No
earning member of the family
20. Details of medical treatment given
to the deceased, prior to death.
Give details of medical expenses
incurred
21. Whether the victim got
reimbursement of medical
expenses from his employer or
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
under a Mediclaim policy or under
any government cashless treatment
scheme or government insurance
scheme
If yes, provide details
22. Name, Age, Gender, Relation and Marital Status of Legal Representatives
of the deceased
Name Age / Gender Relation Marital
DOB Status
(i)
(ii)
(iii)
(iv)
(v)
(vi)
23. Name, Contact Number and Address of Legal Representatives of the
deceased
Name Contact Number Present Address as well as
Permanent Address
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
24. In case of children below the age of 18 years
Name of Child Details of school and Annual Approximate
class of the child School fee expenditure
of the child
(i)
(ii)
(iii)
(iv)
(v)
(vi)
INJURY CASE
25. Name of the Injured
26. Father's Name
27. Address of the Injured
28. Contact No. of Injured
29. Age / Date of Birth
30. Gender of the Injured
31. Marital status of the Injured
32. Occupation of the Injured
33. If the Injured was employed, give
the name and address of the
employer
34. Income of the Injured
35. Whether Injured assessed to □ Yes □ No
Income Tax
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
If yes, file the copy of Income Tax
Returns for the last three years
36. Nature and description of Injury
37. Medical treatment taken by the
Injured
38. Name of hospital and period of
hospitalization
Hospital Name
Period of Hospitalization
Doctor's Name
39. Details of surgery(s), if undergone
40. Whether any permanent disability □ Yes □ No
If yes, give details
41. Details of the family of the Injured
Name Age / Gender Relation
DOB
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
42. In case of children below the age of 18 years
Name of Child Details of school Annual School Approximate
and class of the fee expenditure of the
child child
(i)
(ii)
(iii)
(iv)
(v)
(vi)
43. Pecuniary Losses suffered
(i) Expenditure on treatment
(ii) If treatment is still continuing, give
the estimate of expenditure likely to
be incurred on future treatment
(iii) Expenditure on conveyance, special
diet, attendant charges etc.
(iv) Loss of income
(v) Loss of earning capacity
(vi) Any other pecuniary loss/damage
44. Whether the injured got □ Yes □ No
reimbursement of medical
expenses from his employer or
under a Mediclaim policy or under
any government cashless treatment
scheme or government insurance
scheme
If yes, provide details
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
45. Value of loss/ damage to the
property
46. Any additional information
47. Brief description of the accident
48. Compensation claimed
Documents to be submitted
In Death Cases:
1. Death certificate
2. Proof of age of the deceased which may be in form of (a) Birth Certificate; (b) School
Certificate; (c) Certificate from Gram Panchayat (in case of illiterate); (d) Aadhar
Card etc.
3. Proof of Occupation and Income of the deceased which may be in form of (a) Pay
slip/salary certificate (salaried employee) (b) Bank statements of the last six months
(c) Income tax Returns for last three years (d) Balance Sheet, etc.
4. Proof of the legal representatives of the deceased such as ration card, passport etc.
5. In case of legal heirs below the age of 18, copy of school ID, proof of school fee,
proof of other expenses/expenditure of the children.
6. Treatment record, medical bills and other expenditure prior to death
7. Bank Account no. of the legal representatives of the deceased near the place of their
residence with name and address of the bank along with the necessary endorsement
8. Proof of reimbursement of medical expenses by employer or under a Mediclaim
policy, if taken
9. Any other document
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
In Injury Cases:
1. Multi angle photographs of the injured
2. Proof of age of the injured which may be in form of (a) Birth Certificate; (b) School
Certificate; (c) Certificate from Gram Panchayat (in case of illiterate); (d) Aadhar
Card etc.
3. Proof of Occupation and Income of the injured which may be in form of (a) Pay
slip/salary certificate (salaried employee) (b) Bank statements of the last six months
(c) Income tax Returns for the last three years (d) Balance Sheet, etc.
4. Treatment record, medical bills and other expenditure. In case of continuing treatment
give proof of future medical expenditure.
5. Proof of absence from work where loss of income on account of injury is being
claimed, which may be in the form of (a) Certificate from the employer; (b) Extracts
from the attendance register.
6. In case of legal heirs below the age of 18, copy of school ID, proof of school fee,
proof of other expenses/expenditure of the children
7. Bank Account no. of the injured near the place of his residence with name and
address of the bank along with the necessary endorsement
8. Proof of reimbursement of medical expenses by employer or under a Mediclaim
policy, if taken
9. Any other document
In case of
death,
paste
photograph of
deceased here
Verification:
Verified at ____________on this ______ day of_____________ that the contents of the
above Form are true to my knowledge and the documents attached are true copies of the
originals
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Name and signature of the injured/legal representative of deceased
S. No. Name Signature Photograph
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM-VI B
VICTIM'S FORM RELATING TO MINOR CHILDREN OF
VICTIM(S)
By Victim(s) to Investigating Officer within 60 days of Accident
Copy to Insurance Company, Child Welfare Committee and DSLSA
FIR No.
Date
Under Section
Police Station
Details of the Minor Children (18 years or below)
S.No Details of Children Child 1 Child 2 Child 3 Child 4
1. Name
2. Age/Date of Birth
3. Sex
4. SC/ST/OBC/General
5. Father's Name
6. Mother's Name
7. Guardian's Name
(If different from
parent)
8. Family Income
(Annual)
9. Permanent Address
10. Present Address
11. Contact No. of father/
mother/family
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
member
12. Whether the child is
Differently abled:
If yes, give details
13. Present living
conditions/ economic
condition(after the
accident)
Educational details of children
14. Current status of education
Level of education
(class)
Whether the child is
enrolled under EWS
quota
15. If not attending
school, reasons to be
provided
16. Detailed information of the school where the child is studying
Corporation/ Municipal/
Panchayat
Govt./Other Boards
Private Management
17. Expenditure on education
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Monthly school tuition
fee
Annual school fee
Private tuition /
coaching fee
Any other expenditure /
logistics fee
18. Vocational training / skill development, if any
Type of skill
development
Cost involved
Health and Nutrition
19. Physical health condition of the child (including medical examination
report, in case of any disability)
Any injury to child. If
yes, details to be given
Loss of any body part
due to accident
20. Mental health condition of the child
Whether immediate
psychological
counseling / treatment/
support required
Whether long term
support required
21. Medical expenses, if any
Cost involved in
immediate medical
treatment
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Cost involved in long
term medical treatment
22. Diet and nutrition
expenses
Documents to be submitted
1. Copy of school/educational institution ID,
2. Copy of Aadhar card
3. Proof of education fee
4. Proof of other expenses/expenditure of the children
5. Copy of medical documents
6. Disability Certificate, if applicable
7. Copy of Caste certificate, if applicable
8. Copy of Income certificate, if applicable
Verification:
Verified at ____________on this ______ day of_____________ that the contents of the
above Form are true to my knowledge and the documents attached are true copies of the
originals
__________
Victim(s)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Name and photograph of all the Minor Children
S. No. Name Photograph
Note:
1. Forms-VIA and VIB to be sent by Investigating Officer to the concerned Child
Welfare Committee to ascertain if the Child in Need of Care and Protection (CNCP).
2. Copy of Forms-VIA and VIB to be sent to Delhi State Legal Services Authority
(DSLSA) to assign a lawyer to assist the child/children to avail their legal
remedies/rights.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM-VII
DETAILED ACCIDENT REPORT (DAR)
By Investigating Officer to Claims Tribunal within 90 days of Accident
Copy to Victim(s), Driver, Owner, Insurance Company and DSLSA
FIR No.
Date
Under Section
Police Station
1. Date of Accident
2. Time of Accident
3. Place of Accident
4. Nature of Accident □ Simple Injury □ Grievous Injury
□ Fatal □ Damage/loss of the property
□ Any other loss/injury
5. Offending Vehicle Details
Registration No.
Make
Model
Vehicle Type □ Motorized 2-wheeler □ Auto
□ Car/Jeep/Taxi □ Cycle Rickshaw
□ Hand Drawn Cart □ Bicycle
□ Tempo/Tractor □ Truck/Lorry
□ Animal Drawn Cart □ Bus
□ Heavy Articulated Vehicle/ Trolley
□ Not Known
□ Other (Specify)
Vehicle Use Type □ Private Vehicle □ Commercial Vehicle
□ Goods & Carriage □ Garbage Truck
□ Taxi/Hired Vehicle
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
□ Public Service Vehicle
□ Educational Institute Bus
□ Others (Specify)
6. Driver of offending vehicle
Name
Father's Name
Mobile No.
Address
Driving Licence □ Permanent □ Learner's □ Juvenile
□ Without License
□ Others (Specify)
Driving Licence No.
Validity of Licence
Licensing Authority
7. Owner of offending vehicle
Name
Father's Name
Mobile No.
Address
8. Insurance of offending vehicle
Policy No.
Period of Policy
Name of Insurance Company
9. Whether License has been □ Yes □ No
verified from the
Authority.
If yes, attach report
If no, give reasons
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
10. Whether Driving Licence □ Yes □ No
suspended/cancelled
If yes, give details
11. Whether driver injured □ Yes □ No
during the accident
If yes, give details
12. Vehicle was driven by □ Owner □ Paid Driver
□ Others (Specify)
13. Whether the driver was □ Yes □ No
driving under the influence
of alcohol/drugs
Whether findings based on
scientific report. If yes, give
details
14. Whether driver carrying □ Yes □ No
mobile phone at the time of
accident
If yes, give details of Mobile
Mobile No.
IMEI No.
Make & Model
15. Whether driver previously □ Yes □ No
involved in motor accident
case(s)
If yes, whether case pending
or decided by MACT? Give
details of the FIR and MACT
case
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
16. In case of commercial vehicle
Permit details
Fitness details
17. Whether Permit and □ Yes □ No
Fitness have been verified
from the Authority
If yes, attach report
If no, give reasons
18. Whether the owner □ Yes □ No
reported the accident to the
Insurance Company
If yes, give date
19. In case the driver fled from □ Yes □ No
spot, whether the owner
produced the driver before
the police
If yes, attach the copy of
notice under Section 133 of
the Motor Vehicles Act.
Victim(s) details
20. Victim(s) □ Pedestrian/Bystander □ Cyclist
□ Two-wheeler □ In other Vehicle
□ Others (Specify)
DEATH CASE
21. Name of the deceased
22. Age of the deceased
23. Occupation
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
24. Details of Legal Representatives of the deceased
Name Relationship Age
(i)
(ii)
(iii)
(iv)
(v)
INJURY CASE
25. Name of the injured
26. Age
27. Occupation
28. Nature of Injury
Simple
Grievous
29. Details of Injury
30. Offences Charged
Indian Penal Code, 1860
(a) Section 279 Rash driving or riding on a public way □
(b) Section 337 Causing hurt by act endangering life or □
personal safety of others
(c) Section 338 Causing grievous hurt by act endangering □
life or personal safety of others
(d) Section 304-A Causing death by negligence □
(e) Any other offence
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Motor Vehicles Act, 1988
(a) Sections 3/181 Driving without license □
(b) Sections 4/181 Driving by minor □
(c) Sections 5/180 Allowing unauthorized person to drive □
(d) Section 182 Offences relating to licences □
(e) Sections 56/192 Without fitness □
(f) Sections 66(1)/192A Without permit □
(g) Sections 112/183(1) Over speeding □
(h) Sections 113/194 Over loading □
(i) Sections 119/184 Jumping red light □
(j) Sections 119/177 Violation of mandatory signs (One way,
□
No right turn, No left turn)
(k) Sections 122/177 Improper/ obstructive parking □
(l) Sections 146/196 Without insurance □
(m) Section 177/RRR17(1) Violation of "One way" □
(n) Section Carrying High/Long Load
□
194(1A)/RRR29
(o) Section 184/RRR6 Violation of "No overtaking" □
(p) Section 177/CMVR Without light after sunset
□
(q) Section 179 Disobedience of orders, obstruction and
□
refusal of information
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
(r) Section 184 Driving dangerously □
(s) Section 184 Using mobile phone while driving □
(t) Section 185 Drunken driving/ drugs □
(u) Section 186 Driving when mentally or physically □
unfit to drive
(v) Section 187 Violation of Sections 132(1)(a), 133 & □
(w) Section 190 Using vehicle in unsafe condition □
(x) Section 194A Carrying more passengers than □
authorised
(y) Section 194B/ CMVR Driving without a safety belt □
138(3)
(z) Section 194C Penalty for violation of safety measures □
for motor cycle driver and pillion rider
(aa) Section 194D Penalty for not wearing protective □
headgear
(bb) Section 194E Failure to allow free passage to □
emergency vehicles
(cc) Section 194F Using the horn unnecessarily or in □
places where it is prohibited
(dd) Section 197 Taking vehicle without authority □
(ee) Section 199A Offence committed by juvenile □
(ff) Any other offence
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
31. Detailed description of the Accident
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
32. Direction(s) required from the Claims Tribunal
(i) The driver of the offending vehicle has not furnished Form-III/has furnished
incomplete Form-III, despite letter(s) dated................. [Copy (s) attached].
The driver be directed to furnish the Form-III before this Tribunal within 15
days.
(ii) The owner of the offending vehicle has not furnished Form-IV/ has furnished
incomplete Form-IV, despite letter(s) dated................. [Copy (s) attached].
The owner may be directed to furnish the Form-IV before this Tribunal within
15 days.
(iii) The victim(s) of the accident has/have not furnished Form-VIA/ Form-VIB/
has furnished incomplete Form-VIA/ Form-VIB, despite letter(s)
dated................. [Copy (s) attached]. The victim may be directed to furnish
the Form-VIA/ Form-VIB before this Tribunal within 15 days.
(iv) The Registration Authority has not given the Verification Report despite
letter(s) dated ................. [Copy (s) attached]. The Registration Authority
be directed to furnish the Verification Report directly before this Tribunal
within 15 days.
(v) The Hospital has not given the MLC/ Post Mortem report despite letter(s)
dated ................. [Copy (s) attached]. The Hospital be directed to furnish
the above-mentioned documents directly before this Tribunal within 15 days.
33. Documents to be attached
Document Attached Not Attached
(i) FIR
(ii) Form-I - First Accident Report (FAR)
(iii) Form-II - Rights of Victim(s) and Flow
Chart
(iv) Form-III - Driver's Form along with
documents submitted
(v) Form-IV - Owner's Form along with
documents submitted
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
(vi) Form-V - Interim Accident Report (IAR)
along with documents submitted
(vii) Form-VIA- Victim's Form along with
documents submitted
(viii) Form-VIB - Details of minor children of
the Victim along with documents submitted
(ix) Form-VII- Detailed Accident Report (DAR)
(x) Form-VIII - Site Plan
(xi) Form-IX - Mechanical Inspection Report
(xii) Form-X - Verification Report
(xiii) Form-XI - Insurance Form along with
documents submitted
(xiv) Photographs of the scene of accident from
all angles
(xv) Photographs of all the vehicles involved in
the accident from all angles
(xvi) CCTV Footage of the accident
(xvii) Report under Section 173 CrPC
(xviii) Copy of notice under Section 133 of the
Motor Vehicles Act
DEATH CASE
(xix) Post-Mortem Report
INJURY CASE
(xx) Medico Legal Case (MLC) form
(xxi) Multi angle photographs of the injured
OTHER DOCUMENTS
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
(xxii) Letter(s) of the Investigating Officer
demanding the relevant
information/documents from the driver
(xxiii) Letter(s) of the Investigating Officer
demanding the relevant
information/documents from the owner
(xxiv) Letter(s) of the Investigating Officer
demanding the relevant
information/documents from the Insurance
Company
(xxv) Letter(s) of the Investigating Officer
demanding the relevant
information/documents from the Victim(s)
(xxvi)
Letter(s) of the Investigating Officer
demanding the relevant
information/documents from the
Registration Authorities
(xxvii) Letter of the Investigating Officer
demanding the relevant
information/documents from the Hospital
Verification:
Verified at ________ on this _____day of ________ that the contents of the above report
are true and correct and the documents were gathered during investigation.
S.H.O./I.O
P.I.S. No. : _________________
Phone No. : _________________
P.S. : _________________
Date : _________________
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM- VIII
SITE PLAN
By Investigating Officer to Claims Tribunal
Along with DAR within 90 days of Accident
FIR No.
Date
Under Section
Police Station
1. Date of preparation of site
plan
2. Type of collision □ Hit from back
□ Vehicle to pedestrian
(collision from)
□ Run-off road
□ Vehicle overturn
□ Head on collision
□ Others (Specify)
3. Road direction □ One-way
□ Two-way
□ Others (Specify)
4. No. of lanes
5. Width of road
6. Place of accident
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
7. Detailed Site Plan with road and junction name, direction and location of
vehicle(s) on the road
S.H.O./I.O
P.I.S. No. : _________________
Phone No.: _________________
P.S. : _________________
Date : _________________
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM- IX
MECHANICAL INSPECTION REPORT
By Investigating Officer to Claims Tribunal
Along with DAR within 90 days of Accident
FIR No.
Date
Under Section
Police Station
Date of Mechanical Inspection
Name of Motor Vehicle
Inspector
Registration No. of Motor
Vehicle Inspector
1. Vehicle Registration No.
2. Vehicle Type □ Motorized 2-wheeler □ Auto
□ Car/Jeep/Taxi □ Cycle Rickshaw
□ Hand Drawn Cart □ Bicycle
□ Tempo/Tractor □ Truck/Lorry
□ Animal Drawn Cart □ Bus
□ Heavy Articulated Vehicle/ Trolley
□ Not Known
□ Others (Specify)
3. Vehicle make
4. Model Name
5. Colour of vehicle
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
6. Engine Number
7. Chassis Number
8. Location of vehicle inspection
Accident Site
Garage
Other (Specify)
9. In case of Commercial Vehicle
Details of Fitness
Details of permit
10. Evidence of Impact 1 (Paint Transfer)
Paint Transfer found □ Yes □ No
Colour of Paint Transfer
Location of Paint Transfer
11. Evidence of Impact 2 (Scratch marks/ Others)
Type of scratch
Location of paint transfer
12. Point of Impact
13. Mechanical condition of Vehicle
Steering
Wheels
Wipers
Mirrors
Others
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
14. Whether vehicle modified by
Installing CNG/LPG Kit
Change of vehicle body
15. Condition of Tyres □ Original □ Retreaded
16. Horn
Whether installed □ Yes □ No
If yes, whether functional □ Yes □ No
17. Brake lights & other lights □ Yes □ No
functional
18. Whether vehicle had faulty □ Yes □ No
number plate
19. Status of Airbags
Whether the vehicle fitted □ Yes □ No
with airbags
If yes, whether airbags were □ Yes □ No
deployed
20. For educational institution
bus, whether the vehicle was
fitted with the doors that
can be shut & whether the
vehicle had a suitable
inscription to indicate that
they are in the duty of an
educational institute
21. Whether vehicle had tinted □ Yes □ No
glasses
22. Speed Limiter Devices in cases of PSVs (Commercial Vehicles)
Whether vehicle fitted with □ Yes □ No
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Speed Limiter
If yes, whether functional □ Yes □ No
23. Parking Sensors
Whether Rear Parking □ Yes □ No
Sensors installed
If yes, whether functional □ Yes □ No
24. Vehicle Location Tracking (VLT) Devices
Whether installed □ Yes □ No
If yes, whether functional □ Yes □ No
25. Description of damage
(including internal &
external damage and
estimated cost of damage)
Documents to be attached:
1. Photographs of the vehicle
Motor Vehicle Inspector
Date : _________________
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM-X
VERIFICATION REPORT
By Investigating Officer to Claims Tribunal
Along with DAR within 90 days of Accident
through information available on VAHAN
FIR No.
Date
Under Section
Police Station
1. Vehicle Registration No.
Validity Period
2. Engine No.
3. Chassis No.
4. Category of Vehicle □ LMV/LMV-T/HMV/MGV
□ Private or Commercial
5. Vehicle Make & Model
Make
Model
6. Owner Details
Name
Address
7. Details of Insurer
8. Details of Permit
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Permit No.
Validity
9. Details of Fitness Certificate
Fitness Certificate No.
Validity
10. In case record not
available, state reasons
S.H.O./I.O
P.I.S. No. : _________________
Phone No. : _________________
P.S. : _________________
Date : _________________
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM-XI
INSURANCE FORM
By Designated Officer of Insurance Company to Claims Tribunal
Within 30 days of receipt of DAR
FIR No.
Date
Under Section
Police Station
1. Vehicle Details
Registration Number
Vehicle Make
Vehicle Model
2. Details of Insured
Name
Address
3. Policy Details
Policy No.
Period of Policy
Nature/Type of Policy
4. Date of Accident
5. Date of intimation of the accident
by the Insured to the Insurance
Company
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
6. Date of receipt of FAR
7. Date of receipt of IAR
8. Date of receipt of DAR
9. Date of appointment of the
Designated Officer by the
Insurance Company
10. Details of Designated Officer
Name
Address
11. Date of appointment of the
Surveyor/Investigator
12. Name and Address of Surveyor/ Investigator
Name
Address
13. Date of Report of the
Surveyor/Investigator
14. Date of Decision of the
Designated Officer
15. Whether this Form has been filed □ Yes □ No
within 30 days of receipt of DAR
If not, give reasons for delay
DEATH CASE
16. Name of the deceased
17. Age of the deceased
18. Occupation
19. Monthly Income
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
20. Details of Legal Representatives of the deceased
Name Relationship Age
(i)
(ii)
(iii)
(iv)
(v)
(vi)
21. Computation of compensation Amount in Rs.
Income of the deceased (A)
Add-Future Prospects (B)
Less-Personal expenses of the
deceased (C)
Monthly loss of dependency
[(A+B) - C = D]
Annual loss of dependency
(D x 12)
Multiplier (E)
Total loss of dependency
(E x 12 x D = F)
Medical Expenses (G)
Compensation for loss of
consortium (H)
Compensation of loss for love and
affection (I)
Compensation for loss of estate (J)
Compensation towards funeral
expenses (K)
Total Compensation
(F+ G + H + I+J+K = L)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
INJURY CASE
22. Name of the victim
23. Age of the victim
24. Occupation
25. Monthly Income
26. Nature of Injury
Simple
Grievous
27. Type of Injury
28. Details of medical treatment
29. Details of permanent disability
(if any)
30. Computation of compensation Amount in Rs.
Expenditure on the treatment
Expenditure on conveyance
Expenditure on special diet
Cost of nursing/attendant
Cost of artificial limb
Loss of earning capacity
Loss of income
Any other loss which may require
any special treatment or aid to the
injured for the rest of his life
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Compensation for mental and
physical shock
Pain and suffering
Loss of amenities of life
Disfiguration
Loss of marriage prospects
Loss of earning, inconvenience,
hardships, disappointment,
frustration, mental stress,
dejectment and unhappiness in
future life etc.
Total compensation
31. If the Insurance Company does not admit the liability to pay the
compensation, disclose the grounds on which the Insurance Company wants
to contest the claim:
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
Documents to be attached:
1. Report of the Surveyor/Investigator
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM - XII
VICTIM IMPACT REPORT
By DSLSA to concerned Metropolitan Magistrate within 30 days of conviction and
to be considered at the time of sentencing
S. No. Description Particulars
1. FIR No., date and under
Section(s)
2. Name of Police Station
3. Date, time and place of offence
4. Nature of injury/loss suffered
by the victim(s)
(i) Physical harm
(a) Simple injuries
(b) Grievous injuries
(c) Death
(ii) Emotional harm
(iii) Damage/loss of the
property
(iv) Any other loss/injury
5. Brief description of offence(s)
in which the accused has been
convicted
6. Name of the victim
7. Father's /Spouse's name
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
8. Age
9. Gender
10. Marital status
11. Addresses:
Permanent
Present
12. Contact information: Mobile
Email ID
I. Death Case
S. No. Description Particulars
13. Name of the deceased
14. Father's/Spouse's name
15. Age of the deceased
16. Gender of the deceased
17. Marital status of the deceased
18. Occupation of the deceased
19. Income of the deceased
20. Name, age and relationship of legal representatives of deceased:
Name Age Gender Relation
(i)
(ii)
(iii)
(iv)
(v)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
(vi)
21. Details of losses suffered
Pecuniary Losses:
(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) Medical Expenses
(ix) Funeral Expenses
(x) Any other pecuniary loss/damage
Non-Pecuniary Losses:
(xi) Loss of consortium
(xii) Loss of love and affection
(xiii) Loss of estate
(xiv) Emotional harm/trauma, mental and
physical shock etc.
(xv) Post-traumatic stress disorder (anxiety,
depression, hostility, insomnia, self-
destructive behaviour, nightmares,
agitation, social isolation, etc.) panic
disorder or phobia(a) which got triggered
by the incident/death of the deceased
victim.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
(xvi) Any other non-pecuniary loss/damage
Total loss suffered
II. Injury Case
S. No. Description Particulars
22. Name of the injured
23. Father's /Spouse's name
24. Age of the injured
25. Gender of the injured
26. Marital status of the injured
27. Occupation of the injured
28. Income of the injured
29. Nature and description of
injury
30. Medical treatment taken by
the injured
31. Name of hospital and period
of hospitalization
32. Details of surgeries, if
undergone
33. Whether any permanent
disability? If yes, give
details
34. Whether the injured got
reimbursement of medical
expenses
35. Details of family/dependents of the injured:
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Name Age Gender Relation
(i)
(ii)
(iii)
(iv)
(v)
(vi)
36. Details of losses suffered
Pecuniary Losses:
(i) Expenditure incurred on
treatment, conveyance, special
diet, attendant etc.
(ii) If treatment is still continuing,
give the estimate of expenditure
likely to be incurred on future
treatment
(iii) Loss of income
(iv) Any other loss which may require
any special treatment or aid to the
injured for the rest of his life
(v) Percentage of disability assessed
and nature of disability as
permanent or temporary
(vi) Percentage of loss of earning
capacity in relation to disability
(vii) Loss of future Income -
(Income x % Earning Capacity x
Multiplier)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
(viii) Any other pecuniary loss/damage
Non-Pecuniary Losses:
(i) Pain and suffering
(ii) Loss of amenities of life,
inconvenience, hardships,
disappointment, frustration,
mental stress, dejectment and
unhappiness in future life etc.
(iii) Post-traumatic stress disorder
(anxiety, depression, hostility,
insomnia, self-destructive
behaviour, nightmares, agitation,
social isolation, etc.) panic
disorder or phobia(a) which got
triggered by the incident.
(iv) Emotional harm/trauma, mental
and physical shock etc.
(v) Disfiguration
(vi) Loss of marriage prospects
(vii) Loss of Reputation
(viii) Any other non-pecuniary
loss/damage
Total loss suffered
III. Damage/Loss to the property
S. No. Description Particulars
37. Description of the property
damaged/lost
38. The value of loss suffered
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
IV. Conduct of the accused
S. No. Description Particulars
39. Whether the accused fled from the
Spot
If so, when he/ she appeared before
Police/ Court or arrested?
40. Whether the Accused reported the
accident to the Police/ family of the
victim
41. (i) Whether the Accused provided
any assistance to the victim?
(ii) Whether the Accused took the
victim to the hospital?
(iii) Whether the Accused visited
the victim at the hospital?
42. Whether the Accused remained at
the spot till police arrived
43. Whether the Accused cooperated in
the investigation
44. Whether the Accused removed his/
her vehicle from the spot before
police arrived
45. Whether the Accused paid
compensation/ medical expenses to
victim/ his family
46. Whether the Accused has previous
convictions
47. Whether the Accused is/ was a
close relative or friend of the victim
48. Age of the Accused
49. Gender of the Accused
50. Whether accused suffered injuries
during the accident
51. Whether the Accused discharged
the duties under Sections 132 and
134 of the MV Act, 1988?
If no, whether the Accused has
been prosecuted under Section 187
of MV Act
52. Whether the Driver has been
previously involved in a motor
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
accident case
If Yes, provide following details:
FIR Number and Police Station
53. In case the driver fled from the
spot, did the owner comply with the
provisions of Section 133 of MV
Act
54. Any other information regarding
the conduct of the Accused
55. Apparent contributing circumstances
(i) Driving without valid driving
license
(ii) Driving while disqualified
(iii) Learner driving without supervision
(iv) Vehicle not insured
(v) Driving a stolen vehicle
(vi) Vehicle taken out without the
consent of the owner
(vii) Driving dangerously or at excessive
speed
(viii) Dangerously loaded vehicle/
Overloaded
(ix) Parking on the wrong side of the
road
(x) Improper parking/ Parking on
wrong side of road
(xi) Non-observance of traffic rules
(xii) Poorly maintained vehicle
(xiii) Fake/forged driving license
(xiv) History of convulsions/ seizures
(xv) Fatigued/ Sleepy
(xvi) Guilty of violation of traffic rules in
the past
(xvii) Previous convictions
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
(xviii) Suffering from medical condition
that impairs driving
(xix) Using mobile phone while driving
(Handheld)
(xx) Using mobile phone while driving
(Handsfree)
(xxi) More than one injured/ dead
(xxii) Under the influence of alcohol or
drugs
56. Aggressive Driving
(i) Jumping Red Light
(ii) Abrupt braking
(iii) Neglect to keep to the left of road
(iv) Criss Cross Driving
(v) Driving on the wrong side
(vi) Driving close to vehicle in front
(vii) Inappropriate attempts to overtake
(viii) Cutting in after overtaking
(ix) Exceeding Speed Limit
(x) Racing/ Competitive Driving
(xi) Disregarding any warnings
(xii) Overtaking where prohibited
(xiii) Driving with loud music
(xiv) Improper reversing
(xv) Improper passing
(xvi) Improper turning
(xvii) Turning without indication
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
(xviii) Driving in no-entry zone
(xix) Not slowing at junctions/ crossings
(xx) Turning with indication
(xxi) Not respecting stop sign
(xxii) Not respecting right of way to
pedestrians
57. Irresponsible Behaviour
(i) Failing to stop after accident
(ii) Ran away from the spot after
leaving the vehicle
(iii) Destruction or attempt to destroy
the evidence
(iv) Falsely claiming that one of the
victims was responsible for the
accident
(v) Trying to throw the victim off the
bonnet of the vehicle by swerving
in order to escape
(vi) 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
(vii) Offence committed while the
offender was on bail
(viii) Took any false defence
(ix) Misled the investigation
(x) Post-accident road rage behaviour
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
IV. Paying capacity of the accused
The accused has submitted the affidavit of his assets and income in the
format Annexure-A. The particulars given by the accused in his affidavit
have been verified through SDM/Police/Prosecution and after considering
the same, paying capacity of the accused is assessed as under:
...................................................................................................................
...................................................................................................................
...................................................................................................................
...................................................................................................................
V. Recommendations of Delhi State Legal Services Authority
After taking into consideration the gravity of the offense, severity of
mental/physical harm/injuries suffered by the victim(s); losses suffered by
the victim(s) and the paying capacity of the accused. The recommendations
of the Committee are as under:-
...................................................................................................................
...................................................................................................................
...................................................................................................................
...................................................................................................................
Delhi Member Secretary
Dated: Delhi State Legal Services Authority
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
Documents considered and attached to the report
In Death Cases:
1. Death certificate
2. Proof of age of the deceased which may be in form of a) Birth
Certificate; b) School Certificate; c) Certificate from Gram Panchayat
(in case of illiterate); d) Aadhar Card
3. Proof of Occupation and Income of the deceased which may be in form
of a) Pay slip/salary certificate (salaried employee); b) Bank statements
of the last six months; c) Income tax Return; Balance Sheet
4. Proof of the legal representatives of the deceased (Names, Age, Address,
Phone Number & Relationship)
5. Treatment record, medical bills and other expenditure
6. Bank Account no. of the legal representatives of the deceased with name
and address of the bank
7. Any other document found relevant
In Injury Cases:
1. Multi angle photographs of the injured
2. Proof of age of the deceased which may be in form of a) Birth
Certificate; b) School Certificate; c) Certificate from Gram Panchayat
(in case of illiterate); d) Aadhar Card
3. Proof of Occupation and Income of the deceased which may be in form
of a) Pay slip/salary certificate (salaried employee); b) Bank statements
of the last six months; c) Income tax Return; Balance Sheet
4. Treatment record, medical bills and other expenditure.
5. Disability certificate (if available)
6. Proof of absence from work where loss of income on account of injury is
being claimed, which may be in the form of a) Certificate from the
employer; b) Extracts from the attendance register.
7. Proof of reimbursement of medical expenses by employer or under a
Mediclaim policy, if taken
8. Any other document found relevant
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM - XIII
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL
........................... ....Petitioners(s)
Versus
........................... .....Respondent(s)
FORMAT OF WRITTEN SUBMISSIONS TO BE FILED BY PARTIES IN
DEATH CASES
1. Date of accident .................................................................................
2. Name of the deceased...........................................................................
3. Age of the deceased..............................................................................
4. Occupation of the deceased.....................................................................
5. Income of the deceased..........................................................................
6. Name, age and relationship of legal representatives of deceased
S.No. Name Age Relation
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
7. Computation of Compensation
S.No. Heads Claim of Petitioners(s) Response of
Respondent(s)
(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) Medical Expenses (G)
(ix) Compensation for loss
of consortium (H)
(x) Compensation for love
and affection (I)
(xi) Compensation for loss
of estate (J)
(xii) Compensation towards
funeral expenses (K)
TOTAL COMPENSATION
(F + G + H + I + J + K =L)
INTEREST
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM - XIV
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL
........................... ....Petitioners(s)
Versus
........................... .....Respondent(s)
FORMAT OF WRITTEN SUBMISSIONS TO BE FILED BY THE PARTIES
ININJURY CASES
1. Date of accident.............................................................................
2. Name of the injured........................................................................
3. Age of the injured ..........................................................................
4. Occupation of the injured ..................................................................
5. Income of the injured .....................................................................
6. Nature of injury.............................................................................
7. Medical treatment taken by the injured ................................................
8. Period of hospitalization..................................................................
9. Whether any permanent disability? If yes, give details..............................
...................................................................................................
...............................................................................................
10. Photographs of the injured and the injuries.............................................
11. Computation of Compensation:-
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
S.No. Heads Claim of Petitioners(s) Response of Respondent(s)
12. Pecuniary Loss:
(i) Expenditure on treatment
(ii) Expenditure on
conveyance
(iii) Expenditure on special
diet
(iv) Cost of nursing/attendant
(v) Loss of income
(vi) Cost of artificial limb (if
applicable)
(vii) Any other
loss/expenditure
13. Non-Pecuniary Loss:
(i) Compensation for mental
and physical shock
(ii) Pain and suffering
(iii)
Loss of amenities of life
(iv) Disfiguration
(v) Loss of marriage
prospects
(vi) Loss of earning,
inconvenience, hardships,
disappointment,
frustration, mental stress,
dejectment and
unhappiness in future life
etc.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
14. Disability resulting in loss of earning capacity:
(i) Percentage of disability
assessed and nature of
disability as permanent or
temporary
(ii) Loss of amenities or loss of
expectation of life span on
account of disability
(iii) Percentage of loss of earning
capacity in relation to
disability
(iv) Loss of future Income -
(Income x % Earning Capacity
x Multiplier)
TOTAL COMPENSATION
INTEREST
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM - XV
SUMMARY OF COMPUTATION OF AWARD AMOUNT IN DEATH CASES TO
BE INCORPORATED IN THE AWARD
1. Date of accident....................................................................................
2. Name of the deceased.............................................................................
3. Age of the deceased...............................................................................
4. Occupation of the deceased......................................................................
5. Income of the deceased...........................................................................
6. Name, age and relationship of legal representatives of deceased:
S.No. Name Age Relation
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Computation of Compensation
S.No. Heads Awarded by the Claims
Tribunal
7. Income of the deceased (A)
8. Add-Future Prospects (B)
9. Less-Personal expenses of the deceased (C)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
10. Monthly loss of dependency
[(A+B) - C = D]
11. Annual loss of dependency (D x 12)
12. Multiplier (E)
13. Total loss of dependency (D x 12 x E = F)
14. Medical Expenses (G)
15. Compensation for loss of consortium (H)
16. Compensation for loss of love and affection (I)
17. Compensation for loss of estate (J)
18. Compensation towards funeral expenses (K)
19. TOTAL COMPENSATION
(F + G + H + I + J + K =L)
20. RATE OF INTEREST AWARDED
21. Interest amount up to the date of award (M)
22. Total amount including interest (L+M)
23. Award amount released
24. Award amount kept in FDRs
25. Mode of disbursement of the award amount to the
claimant(s).
26. Next Date for compliance of the award.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM-XVI
SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY
CASES TO BE INCORPORATED IN THE AWARD
1. Date of accident............................................................................
2. Name of the injured.............................................................................
3. Age of the injured ...............................................................................
4. Occupation of the injured .....................................................................
5. Income of the injured ..........................................................................
6. Nature of injury..................................................................................
7. Medical treatment taken by the injured .....................................................
..........................................................................................................
8. Period of hospitalization........................................................................
9. Whether any permanent disability? If yes, give details.................................
..........................................................................................................
10. Computation of Compensation
S.No. Awarded by the Tribunal
Heads
Pecuniary Loss:
(i) Expenditure on treatment
(ii) Expenditure on conveyance
(iii) Expenditure on special diet
(iv) Cost of nursing/attendant
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
(v) Cost of artificial limb
(vi) Loss of earning capacity
(vii) Loss of income
(viii) Any other loss which may require any special
treatment or aid to the injured for the rest of his
life
Non-Pecuniary Loss:
(i) Compensation for mental and physical shock
(ii) Pain and suffering
(iii) Loss of amenities of life
(iv) Disfiguration
(v) Loss of marriage prospects
(vi) Loss of earning, inconvenience, hardships,
disappointment, frustration, mental stress,
dejectment and unhappiness in future life etc.
Disability resulting in loss of earning capacity:
(i) Percentage of disability assessed and nature of
disability as permanent or temporary
(ii) Loss of amenities or loss of expectation of life
span on account of disability
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
(iii) Percentage of loss of earning capacity in
relation to disability
(iv) Loss of future Income - (Income x % Earning
Capacity x Multiplier)
14. TOTAL COMPENSATION
15. INTEREST AWARDED
16. Interest amount up to the date of award
417. Total amount including interest
18. Award amount released
19. Award amount kept in FDRs
20. Mode of disbursement of the award amount to
the claimant(s).
21. Next Date for compliance of the award.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM - XVII
COMPLIANCE OF THE PROVISIONS OF THE SCHEME TO BE MENTIONED
IN THE AWARD
1. Date of the accident
2. Date of filing of Form-I - First Accident Report (FAR)
3. Date of delivery of Form-II to the victim(s)
4. Date of receipt of Form-III from the Driver
5. Date of receipt of Form-IV from the Owner
6. Date of filing of the Form-V-Interim Accident Report (IAR)
7. Date of receipt of Form-VIA and Form-VIB from the
Victim(s)
8. Date of filing of Form-VII - Detailed Accident Report (DAR)
9. Whether there was any delay or deficiency on the part of the
Investigating Officer? If so, whether any action/ direction
warranted?
10. Date of appointment of the Designated Officer by the Insurance
Company
11. Whether the Designated Officer of the Insurance Company
submitted his report within 30 days of the DAR?
12. 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?
13. Date of response of the claimant(s) to the offer of the
Insurance Company
14. Date of the award
15. Whether the claimant(s) was/were directed to open savings
bank account(s) near their place of residence?
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
16. Date of order by which claimant(s) was/were directed to open
savings bank account(s) near his place of residence and
produce PAN Card and Aadhaar Card and the direction to the
bank not issue any cheque book/debit card to the claimant(s)
and make an endorsement to this effect on the passbook
17. Date on which the claimant(s) produced the passbook of their
savings bank account near the place of their residence along
with the endorsement, PAN Card and Adhaar Card?
18. Permanent Residential Address of the claimant(s)
19. Whether the claimant(s) savings bank account(s) is near his
place of residence?
20. Whether the claimant(s) was/were examined at the time of
passing of the award to ascertain his/their financial condition?
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM - XVIII
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
Claimant(s)
6. Date of notice of deposit by the Tribunal to the
Claimant(s)
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
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
FORM - XIX
MOTOR ACCIDENT CLAIMS ANNUITY DEPOSIT (MACAD) SCHEME
S. No. Scheme Features Particulars/Details
1. Purpose One time lump sum amount, as decided by the Court /
Tribunal, deposited to receive the same in Equated
Monthly Installments (EMIs), comprising a part of the
principal amount as well as interest.
2. Eligibility Individuals including Minors through guardian in single
name.
3. Mode of Holding Singly
4. Type of account Motor Accident Claims Annuity (Term) Deposit Account
(MACAD)
5. Deposit Amount (i) Maximum: No Limit
(ii) Minimum - Based on minimum monthly annuity Rs.
1,000/- for the relevant period.
6. Tenure (i) 36 to 120 months
(ii) In case the period is less than 36 months, normal FD
will be opened.
(iii) MACAD for longer period (more than 120 months)
will be looked as per direction of the Court.
7. Rate of interest Prevailing rate of interest as per Tenure.
8. Receipts/Advices (i) No Receipts will be issued to depositors.
(ii) Passbook will be issued for MACAD
9. Loan Facility No loan or advances shall be allowed.
10. Nomination facility (i) Available.
(ii) MACAD shall be duly nominated as directed by the
Court.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
11. Premature Payment (i) Premature closure or part lump sum payment of
MACAD during the life of the claimant will be
made with permission of the court. However, if
permitted, the annuity part will be reissued for
balance tenure and amount, if any, with change in
annuity amount.
(ii) Premature closure penalty will not be charged.
(iii) In case of death of the claimant, payment to be
given to the nominee. The nominee has an option to
continue with the annuity or seek pre-closure.
12. Tax deduction at source (i) Interest payment is subject to TDS as per Income
Tax Rules. Form 15G/15H can be submitted by the
Depositor to get exemption from the Tax deduction.
(ii) The annuity amount on monthly basis net of TDS,
will be credited to the MACT Savings Bank
account.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
PROSTHETICS PRICES FOR INSURANCE
Prepared by Safdarjang Hospital and VMMC
Components for calculating the Price
• Primary cost of the material
• Procuring cost of the material.
• Over head expenses.
• Professional service charges.
• Any other incidental charges.
• Lower limb prosthesis function levels, per CMS (K levels
• Warranty for 5 years on structural components excluding prosthetic feet, foot cover, liners &
socket.
• One diagnostic socket & one final socket are included
CMS = Centers for Medicare and Medic-aid Services.
General Guidelines
• The prosthesis will be allowed for reissue on completion of 5 years in case of adult and 2
years in case of children.
• 10% of the total cost will be provided to the beneficiary as the maintenance cost during the
period of 5 years.
• Upper age limit for the high end prostheses i.e. K3 or K4 functional level will be 55 years.
• Prosthetic components should have BIS/CE(European)/FDA certification for the purpose of
reimbursement
• The prosthesis should be assessed and fit by the Prosthetics and Orthotics professional
registered in the Rehabilitation Council of India under 'A' category.
Clinical assessments of the member's rehabilitation potential must be based on the
Following classification levels:
Level 0: Does not have the ability or potential to ambulate or transfer safely with or without
assistance and a prosthesis does not enhance their quality of life or mobility.
Level 1: Has the ability or potential to use a prosthesis for transfers or ambulation on level
surfaces at fixed cadence. Typical of the limited and unlimited household ambulator.
Level 2: Has the ability or potential for ambulation with the ability to traverse low level
environmental barriers such as curbs, stairs or uneven surfaces. Typical of the limited community
ambulatory.
Level 3: Has the ability or potential for ambulation with variable cadence. Typical of the
community ambulatory who has the ability to traverse most environmental barriers and may have
vocational, therapeutic, or exercise activity that demands prosthetic utilization beyond simple
locomotion.
Level 4:Has the ability or potential for prosthetic ambulation that exceeds basic ambulation skills,
exhibiting high impact, stress, or energy levels. Typical of the prosthetic demands of the child,
active adult, or athlete.
• The reimbursement will be made within the ceiling limit beyond which the beneficiary will
bear the cost.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
• Keeping in view the physical growth into consideration individuals upto 12 years of age will
be considered as children for the reimbursement
• Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per annum
for 4 years after fitment in addition to the above mentioned price.
• Prosthetic foot / foot shell may be replaced once in 5 years after fitment
Trans Tibial Prosthesis Components
• One PP socket & one Laminated carbon Fiber Socket
• Stainless Steel / Titanium Pylon/ Tube
• Prosthetic feet as per CMS functional level
• Foot Adapter
• Bonded pylon / Pylon with 4 screw Adaptor.
• Tube Clamp Adaptor,
• Socket Adaptor
• Suspension Mechanism, Foam cover and Covering Socks.
• OPTIONAL ATTACHMENT ( NEED BASE)
Silicone / PU liner with shuttle lock mechanism
RECOMMENDED PROSTHETIC FEET AS PER FUNCTIONAL LEVEL
S.No. Functional Level of Patient RECOMMENDED FOOT
1. Functional Level 1& above SACH foot OR Single Axis Ankle/Foot
(K1)
2. Functional Level 2 & above A Flexible-Keel Foot or Multi axial Ankle/Foot
(K2)
3. Functional Level 3 & above A microprocessor controlled ankle foot system,
(K3) energy storing foot, dynamic response foot with
multi-axial ankle, flex foot system , flex-walk
system or equal , or shank foot system with
vertical loading pylon
4. Functional Level 4 Running Blades
Prescription criteria for silicone / PU suction liner.
1. Atrophic skin
2. Bony prominence stump
3. Painful neuroma
4. Adherent Scar
5. High Physical activity
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
PRICE OF Trans Tibial Prosthesis for K-1 activity level
S.No. NAME OF Price Quoted by Price Quoted by Remarks
COMPANY the firm without the firm with
Silicone Liner & Silicone Liner &
Shuttle Lock Shuttle Lock
Mechanism Mechanism
1. Endolite India General price list General price list
Limited provided provided
2. Otto Bock Health Rs.23,793/- 118,580/-
Care India Limited All the firms has
3. P & O International 2,57,260/- quoted prosthetic
Inc. price with
4. College Park Health 185,397.00 Silicone Liner
Care India Ltd (upto 1 year life
5. BHATT 2,29,822/- span) & Shuttle
SURGICALS Lock
6. Born Life Prosthetics 2,70,000/- Mechanism
& Orthotics Inc.
7. Ideal Artificial Limb 185,397.00
Solution
8 PORC Not Provided
9 ALIMCO Rs.14,163/- ------
NOTE: All the companies except Otto Bock Health Care India Limited has quoted their
price by including the following charges
1. Silicone / Gel Liners (4 Nos.) as the expected life of liner is approx. One year (@ Rs.
21943)
2. Replacement of Foot Shell 2 No.s @ Rs.15000/ per piece & by Bhatt Surgicals @
Rs.8500/-
3. Repair & Maintenance (due to normal wear & tear)
4. Artificial Limb Manufacturing Corporation of India (ALIMCO) has quoted
standard price of Below Knee Prosthesis without Silicone Liner & Shuttle Lock
Mechanism
RECOMMENDATIONS:
1. Prosthesis with Silicone Liner & Shuttle Lock Mechanism may be reimbursed as per
details given in Annexure-I+ Rs.80000?(Liner cost for 4 years)
2. Prosthesis without Silicone Liner & Shuttle Lock Mechanism may be reimbursed
after deducting an amount of Rs.35000/-
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
3. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per
annum for 4 years after fitment in addition to the above mentioned price.
4. Prosthetic foot / foot shell may be replaced once in 5 years after fitment.
ANNEXURE-I
PROPOSED REIMBURSEMENT PRICE OF Trans Tibial Prosthesis for K-1
activity level
S.No. NAME OF PROSTHESIS & Proposed Price for Proposed Price for
COMPONENTS reimbursement reimbursement with
without Silicone Silicone Liner &
Liner& Shuttle Lock Shuttle Lock
Mechanism Mechanism
1. Trans tibial prosthesis (Below Rs.35000/-rice list Rs.70000/-
Knee Prosthesis) with SACH provided Total cost with liners
FOOT for 5 years will be
Rs.70000/- +
(Its include- one Diagnostic or Trial
Rs.80000/-
socket & one Carbon Laminated = Rs.1,50,000/-
Socket, S.S. Pylon/tube, SACH
FOOT, Foot Adapter, Bonded
Pylon/Pylon with 4screw Adaptor,
Tube Clamp Adaptor, Socket
Adaptor, Sleeve Suspension, Foam
Cover, Covering Socks, Socket
charges, etc.)
2. Trans tibial prosthesis (Below Rs.50000/- Rs.85000/-
Knee Prosthesis) with Single Axis Total cost with liners
Foot or equivalent foot for 5 years will be
Rs.85000/- +
(Its include- one Diagnostic or Trial
Rs.80000/-
socket & one Carbon Laminated = Rs.1,65,000/-
Socket, Titanium Pylon/tube, SACH
FOOT, Foot Adapter, Bonded
Pylon/Pylon with 4screw Adaptor,
Tube Clamp Adaptor, Socket
Adaptor, Sleeve Suspension, Foam
Cover, Covering Socks, Socket
charges, etc.)
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
PRICE OF TRANS TIBIAL PROSTHESIS FOR K-2 ACTIVITY LEVEL
S.No. NAME OF Price Quoted by Price Quoted by the Remarks
COMPANY the firm without firm with Silicone
Silicone Liner & Liner & Shuttle
Shuttle Lock Lock Mechanism
Mechanism
1. Endolite India General price list
Limited provided al price t
provided
2. Otto Bock Health 157,140/- All the firms
Care India Limited have quoted
3. P & O Rs.3,63,956/- prosthetic price
International Inc. with Silicone
4. College Park Rs.227,772/- Liner (upto 1
Health Care India year life span)
Ltd & Shuttle Lock
5. BHATT 2,29,822/- Mechanism
SURGICALS
6. Born Life 1,73,460/-
Prosthetics &
Orthotics Inc.
7. Ideal Artificial Rs.227,772/-
Limb Solution
8 PORC NOT PROVIDED
9. ALIMCO NOT PROVIDED NOT PROVIDED
NOTE: All the companies have quoted their price by including the following charges
1. Silicone / Gel Liners (4 Nos.) as the expected life of liner is approx. One year (@ Rs. 21943)
2. Replacement of Foot Shell 2 No.s @ Rs.15000/ per piece & by Bhatt Surgical @ Rs.8500/-
3. Repair & Maintenance (due to normal wear & tear)
RECOMMENDATIONS:
1. Prosthesis with Silicone Liner & Shuttle Lock Mechanism may be reimbursed as
mentioned in annexure-II+ Rs.80000 (Liner cost for 4 years)
2. Prosthesis without Silicone Liner & Shuttle Lock Mechanism may be reimbursed after
deducting an amount of Rs.35000/-
3. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per annum
for 4 years after fitment in addition to the above mentioned price.
4. Prosthetic foot / foot shell may be replaced once in 5 years after fitment.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
ANNEXURE-II
PROPOSED REIMBURSEMENT PRICE OF Trans Tibial Prosthesis for K-2 activity level
S.No. NAME OF PROSTHESIS & Proposed Price for Proposed Price for
COMPONENTS reimbursement reimbursement with
without Silicone Silicone Liner &
Liner & Shuttle Shuttle Lock
Lock Mechanism Mechanism
1. Trans tibial prosthesis (Below Rs.148000/-rice list Rs 148000/
Knee Prosthesis) with Flexible provided Total cost with liners
Keel foot or equivalent foot for 5 years will be
(Its include- one Diagnostic or Trial Rs.148000/- +
socket & one Carbon Laminated Rs.80000/-
Socket, Titanium Pylon/tube, = Rs.2,28,000/-
Flexible Keel foot or equivalent foot
(2 nos.), Foot Adapter, Bonded
Pylon/Pylon with 4screw Adaptor,
Tube Clamp Adaptor, Socket
Adaptor, Sleeve Suspension, Foam
Cover, Covering Socks,
Socket charges, etc.)
2. Transtibial prosthesis (Below Knee Rs.198000/- Rs.198000/-
Prosthesis) with Multi Axis Foot or Total cost with liners
equivalent foot for 5 years will be
(Its include- one Diagnostic or Trial Rs.1,98,000/- +
socket & one Carbon Laminated Rs.80000/-
Socket,Titanium Pylon/tube, Multi = Rs.2,78,000/-
Axis Foot or equivalent foot, Foot
Adapter, Bonded Pylon/Pylon with
4screw Adaptor, Tube Clamp
Adaptor, Socket Adaptor, Sleeve
Suspension, Foam Cover, Covering
Socks, Socket charges, etc.)
PRICE OF TRANS TIBIAL PROSTHESIS FOR K-3 ACTIVITY LEVEL
S.No. NAME OF Price Quoted by Price Quoted by Remarks
COMPANY the firm without the firm with
Silicone Liner & Silicone Liner &
Shuttle Lock Shuttle Lock
Mechanism Mechanism
1. Endolite India General price list
Limited provided rice list
provided
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
2. Otto Bock Health 290,250/-
Care India Limited All the firms have
3. P & O International Rs.451,296/- quoted prosthetic
Inc. price with
4. College Park Health Rs.372,772/-
Silicone Liner
Care India Ltd
5. BHATT Rs.3,06,322 (upto 1 year life
SURGICALS span) & Shuttle
6. Born Life Prosthetics Rs.3,64,270/- Lock
& Orthotics Inc. Mechanism
7. Ideal Artificial Limb Rs.372,772/-
Solution
8 PORC NOT PROVIDED
9. ALIMCO NOT PROVIDED NOT PROVIDED
RECOMMENDATIONS:
1. Prosthesis with Silicone Liner & Shuttle Lock Mechanism may be reimbursed @
Rs.3,50,000/- with liner cost for 4 years.
2. Prosthesis without Silicone Liner & Shuttle Lock Mechanism may be reimbursed after
deducting an amount of Rs.35000/-
3. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per annum
for 4 years after fitment in addition to the above mentioned price.
4. Prosthetic foot / foot shell may be replaced once in 5 years after fitment.
Price of Trans Tibial Prosthesis with running blade or equivalent foot for K-4 activity level
S.No. NAME OF COMPANY Price Quoted by the firm Remarks
with Silicone Liner &
Shuttle Lock Mechanism
1. Endolite India Limited General price list provided
2. Otto Bock Health Care Rs.302,110--368,430
India Limited
3. P & O International Inc. Rs.685,208/- All the firms have
4. College Park Health Care Rs. 4,78,772/-Rs.577,772/- quoted prosthetic price
India Ltd with Silicone Liner
5. BHATT SURGICALS Rs.4,47,052/- (upto 1 year life span)
6. Born Life Prosthetics & Rs.472,270/--Rs.562,270/- & Shuttle Lock
Orthotics Inc. Mechanism
7. Ideal Artificial Limb Rs.4,78,772/- Rs.577,772/
Solution
8 PORC NOT PROVIDED
9. ALIMCO NOT PROVIDED
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
RECOMMENDATIONS:
1. Prosthesis with Silicone Liner & Shuttle Lock Mechanism may be reimbursed @
Rs.4,50,000/- with liner cost for 4 years)
2. Prosthesis may be reimbursed to University / State / National & above level athlete only
3. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per annum
for 4 years after fitment in addition to the above mentioned price.
4. Prosthetic foot / foot shell may be replaced once in 5 years after fitment
PRICE OF SYME'S PROSTHESIS for K-1 activity level
S.No. NAME OF COMPANY Price Quoted by the firm Remarks
1. Endolite India Limited General price list provided ice
list provided
2. Otto Bock Health Care India -------
Limited Recommended
3. P & O International Inc. Rs. 37,494-80,000 for K1 level
Price is
Rs. 80,000-1,20,000 for K2
level
4. College Park Health Care ---------- Rs.38000/-
India Ltd
5. BHATT SURGICALS General price list provided
6. Born Life Prosthetics & -----------
Orthotics Inc.
7. Ideal Artificial Limb Rs.36975/-
Solution
8 PORC NOT PROVIDED
9. ALIMCO NOT PROVIDED
Note: Prosthetic foot / foot shell to be replaced once in 5 years after fitment.
PRICE OF SYME'S PROSTHESIS for K-3 & activity level
S.No. NAME OF COMPANY Price Quoted by the firm Remarks
1. Endolite India Limited General price list provided l price
list provided
2. Otto Bock Health Care India -------
Limited Recommended
3. P & O International Inc. 2,41,000-2,65,000
Price
4. College Park Health Care -----
Rs.2,25,000/-
India Ltd
5. BHATT SURGICALS General price list provided
6. Born Life Prosthetics & -----
Orthotics Inc.
7. Ideal Artificial Limb 232939
Solution
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
8 PORC NOT PROVIDED
9. ALIMCO NOT PROVIDED
RECOMMENDATIONS:
1. Prosthesis with Silicone Liner may be reimbursed @ Rs.2,25,000/- + Rs.80000
(Liner cost for 4 years)
2. Prosthesis may be reimbursed to University/ State / National & above level athlete only
3. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per
annum for 4 years after fitment in addition to the above mentioned price.
4. Prosthetic foot / foot shell may be replaced once in 5 years after fitment
PRICE OF CHOPART'S PROSTHESIS
S.No. NAME OF Price Quoted by the firm Remarks
COMPANY
1. Endolite India Limited General price list provided rice
lisrovided
2. Otto Bock Health Care -----
India Limited Recommended Price for
3. P & O International Rs.30,000-45,000 for K2 K1 & K2 level is
Inc. Rs.2,41,000-2,65,000/- for K3 Rs.38000/-
level
4. College Park Health ------ For K 3 level
Care India Ltd
5. BHATT SURGICALS General price list provided 1,30,000/-
6. Born Life Prosthetics ------
& Orthotics Inc.
7. Ideal Artificial Limb 137532 (K3 LEVEL)
Solution
8 PORC NOT PROVIDED
9. ALIMCO NOT PROVIDED
PRICE OF PARTIAL FOOT SILICONE PROSTHESIS
S.No. NAME OF Recommended Recommended Recommended
PROSTHESIS Price Price Price
(Above 12 years Child 7--12 years Child upto 6 years
of age) of age) of age)
1. Shoe filler with Rs. 9000/- RRs. 5000/- RRs. 3000/-
carbon s.3000/-
plate
2. Full Foot silicone Rs.60000/- Rs.45000/- Rs.25000
Prosthesis
3. Great Toe Silicone Rs.9000/- Rs.5000/- Rs.3000/-
Prosthesis
4. Silicone Prosthesis Rs.7500/- each Rs.5000/- each ---------
For 2nd Toe to Vth
Toe
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
PRICE OF Trans Tibial Prosthesis for Child Amputee activity level 2 & above
S.No. NAME OF Price Quoted Price Quoted Price Quoted Remarks
COMPANY by the firm for by the firm for by the firm
Child 7--12 Child 7--12 for Child
years of age) years of age) upto 6 years
without liner with liner & of age)
& shuttle lock shuttle lock
1. Endolite India
Limited
2. Otto Bock
Health Care Recommended
India Limited Not price for Child
3. P & O Rs.50000-- Rs.1,10,000-- applicable 7--12 years of
International Rs.65000/- Rs.1,40,000 Only passive age) with liner
Inc. prosthesis @ &shuttle lock
4. College Park Rs.15000/-
Health Care may be Rs.1,20,000/- for
India Ltd reimbursed 2 years
5. BHATT
SURGICALS
6. Born Life
Prosthetics &
Orthotics Inc.
7. Ideal Artificial
Limb Solution
8 PORC
9. ALIMCO NOT NOT
PROVIDED PROVIDED
RECOMMENDATIONS:
1. Prosthesis with Silicone Liner & Shuttle Lock Mechanism may be reimbursed @
Rs.1,20,000/- with liner cost for 2 years
2. Prosthesis without Silicone Liner & Shuttle Lock Mechanism may be reimbursed @
Rs.60000/-
3. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per
annum for 4 years after fitment in addition to the above mentioned price.
4. Prosthetic foot / foot shell may be replaced twice in 2 years after fitment for children
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
PRICE OF Trans Tibial Prosthesis for Child Amputee activity level 3 & above
S.No. NAME OF Price Quoted Price Quoted Price Remarks
COMPANY by the firm for by the firm for Quoted by
Child 7--12 Child 7--12 the firm for
years of age) years of age) Child upto 6
without liner with liner & years of age)
& shuttle lock shuttle lock
1. Endolite India -- --
Limited
2. Otto Bock --- --
Health Care Recommended
India Limited
Not price for Child 7-
3. P & O Rs. 1,44,272- - Rs. 1,98,200--
International Rs.1,55,000 applicable -12 years of age)
Rs.2,20,000
Inc. Only passive with liner &
4. College Park -- -- prosthesis shuttle lock
Health Care with foot @
India Ltd Rs.15000/- Rs.2,10,000/- for
5. BHATT -- -- 2 years
SURGICALS
6. Born Life -- --
Prosthetics &
Orthotics Inc.
7. Ideal Artificial -- --
Limb Solution
8 PORC -- --
9. ALIMCO ---- ---
RECOMMENDATIONS:
1. Prosthesis with Silicone Liner & Shuttle Lock Mechanism may be reimbursed @
Rs.2,10,000/- +with liner cost for 2 years)
2. Prosthesis without Silicone Liner & Shuttle Lock Mechanism may be reimbursed @
Rs.1,55,000/-
3. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per
annum for 2 years after fitment in addition to the above mentioned price.
4. Prosthetic foot / foot shell may be replaced twice in 2 years after fitment for children
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
PRICE OF Trans Tibial Prosthesis for Child Amputee activity level 4
S.No. NAME OF Price Price Quoted by Price Quoted Remarks
COMPANY Quoted by the firm for by the firm
the firm for Child 7--12 for Child
Child 7--12 years of age) upto 6 years
years of with liner & of age)
age) shuttle lock
without
liner &
shuttle lock
1. Endolite India -- --
Limited
2. Otto Bock --- --
Health Care Recommended
India Limited Not price for Child 7-
3. P & O Rs. 3,11,350-- applicable -12 years of age)
International Rs.3,85,000/- Only passive with liner &
Inc. prosthesis shuttle lock
4. College Park -- -- with foot @
Health Care Rs.15000/- Rs.3,50,000/- for
India Ltd 2 years
5. BHATT -- --
SURGICALS
6. Born Life -- --
Prosthetics &
Orthotics Inc.
7. Ideal Artificial -- --
Limb Solution
8 PORC -- --
9. ALIMCO ---- ----
RECOMMENDATIONS:
1. Prosthesis with Silicone Liner & Shuttle Lock Mechanism may be reimbursed @
Rs.3,50,000/- with liner cost for 2 years.
2. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per
annum for 2 years after fitment in addition to the above mentioned price.
3. Prosthetic foot / foot shell may be replaced twice in 2 years after fitment for children
NOTE: Price of other companies also needs to be checked for final recommendation in case
of child amputee.
Digitally signed by:RAJENDER
SINGH KARKI
Signing Date:13.01.2021
18:54:39
