ORDER (03.01.2024)
1. Present application has been filed on behalf of the General Insurance Council (‘GIC’) to close the Call Centres. In the present application, it has been averred that the Call Centres have become redundant as MoRTH in the meantime has developed a special application called iRAD (Integrated Road Accident Database) in which the police of all States are feeding extensive road accidents data which includes the entire data of FIRs.
2. Mr. Siddharth Luthra as well as Mr. Rajshekhar Rao and Mr. Satyam Thareja, learned Amicus Curiae have no objection to the present application being allowed.
3. Ms. Nandita Rao, learned counsel appearing for Delhi Police also has no objection to the closure of the Call Centres for the following reasons:-
(i) Delhi Police is implementing the FastDR Scheme successfully and information of fatal accident is being shared with the insurance company concerned via e-mail/contact numbers. Therefore, the need for the Call Centre has become redundant.
(ii) That in pursuance of the Hon’ble Supreme Court order dated 16th March, 2021 passed in W.P.(C) No.534/2020 titled as Bajaj Allianz General Insurance Company Private Ltd. vs. Union of India & Ors., details of email Ids (Nodal Officers) of Insurance Companies for every MACT Court in Delhi State has been circulated to all districts or sharing details of accident cases.
4. She, however, prays that closure of Call Centres would require words “General Insurance Council Call Centre” be replaced with “Insurance Company Nodal Officer” as mentioned at paragraphs 6 to 8 of the Standard Operating Procedure for amicable settlement of MACT claims.
5. Keeping in view the aforesaid, the present application for closure of Call Centres filed by the General Insurance Council is allowed. However, it is directed that paragraphs 6, 7 and 8 of the amended Standard Operating Procedure (‘SOP’) for amicable resolution of MACT claims within ten days of fatal accident shall read as under:-
“6. Role and Responsibilities of Delhi Police:
Police/IO shall give intimation to Insurance Company Nodal Officers, collect post-mortem report, get the Vehicles Mechanically inspected and collect the Reports, verify the Driving Licence/Registration Certificate of the Offending Vehicles from Transport authorities concerned, besides collecting the details of family members of deceased and proof of his/her income and age and fill up the FastDAR Form. nvestigating Officer shall ensure to collect all the relevant documents as required and enlisted in the Annexure A within stipulated time.
7. Role and Responsibilities of Insurance Companies: Insurance Company shall appoint Nodal Officer and provide their whatsapp enabled phone number and e-mail Id to the Delhi Police and the Delhi Police shall intimate the Nodal Officer all documents and details about the fatal accident.
8. Upon receiving the intimation and other details/documents from the police, the Insurance Company concerned shall carry out the necessary investigation. On receiving FastDAR form along with verified documents from Investigating Officer as per SOP, the Insurance Company shall make a reasonable offer for amicable settlement of the claim within three days i.e. on or by 8th day of the accident. Such offer shall be shared within the Claimants/Legal Heirs of Deceased and the Tribunal.”
6. The aforesaid amendment be carried out in the SOP and the amended SOP be circulated amongst all concerned for necessary compliance and uploaded on the website of DSLSA, Delhi Police as well as GIC for information to the general public.
W.P.(C) 6244/2021
7. Learned Amicus Curiae have handed over an additional note. The same is taken on record.
8. List on 15th January, 2024.
