May,30,2016:
Procedure formulated by Justice JR Midha of Delhi High Court is a revolutionary step in mitigating the woes of Road Accident Victims.
Supreme Court has lately passed an order which would definitely revolutionize the way Motor Accident Claims Tribunals are functioning in India.
In an order passed on 13th May,2016 in case titled Jai Prakash vs National Insurance Co the Bench presided by HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA and HON'BLE MR. JUSTICE S.A. BOBDE ruled that the the procedure 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.843 of 2003 in Rajesh Tyagi & Ors. v. Jaibir Singh & Ors. shall be followed nationwide.
The Apex Court directed Registrar General of all High Courts to ensure that the said procedure being followed by Delhi 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.
Under the Procedure formulated by Justice JR Midha of Delhi High Court-
(a) It is the duty of the investigating police officer to Intimate the factum of the accident to the Claims Tribunal within whose territorial jurisdiction the accident has occurred, within 48 Hours of the same. MACT is directed to enter it in a register for such purpose.
(b) If the insurance particulars are available by that time, the Investigating Officer shall also send the intimation to the concerned Insurance Company by e-mail.
(c) The factum of the accident shall also be uploaded by Delhi Police on its website.
It also provides for Preparation and forwarding of the Detailed Accident Report (DAR) after completion of the above collection and verification of the documents and investigation as may be required. The investigating police officer is mandated to complete the preparation of a Detailed Accident Report ie DAR in Form "A" not later than thirty days from the date of the accident.
The procedure acquires significance as around 1.41 lakh people lost their lives on India’s roads during 2014 @ 382 deaths every day which is a good 3% more than 2013 data.
The Bench observed,"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.843 of 2003 in Rajesh Tyagi & Ors. v. Jaibir Singh & Ors. shall be followed by all the other High Courts."
Order reads,"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.
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.''
Read Supreme Court order Here-
Supreme Court on Motor Accidents Claims Tribunal
Read Justice JR Midha's Judgment on Procedure for MACT in Case Titled- Rajesh Tyagi & Ors. v. Jaibir Singh-
Justice JR Midha of Procedure for MACT in Case Titled- Rajesh Tyagi & Ors. v. Jaibir Singh
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