Rajesh Tyagi and Others vs Jaibir Singh and Others

J.R. Midha, J.—The Claims Tribunal Agreed Procedure formulated by the Committee of the Secretaries/nominees of the Ministries of Road Transport and Highways; Finance (Department of Insurance); Law, justice and Company Affairs; and Joint Commissioner of Police (Northern Range), to which all the Insurance Companies have consented, has been accepted by this Court vide order dated 16th December, 2009. The Delhi Police has given their consent to implement the Claims Tribunal Agreed Procedure on a trial basis as a pilot project for a period of six months. However, certain clarifications to the scheme have been made by this Court vide order dated 16th December, 2009 which have-been incorporated in the Claims Tribunal Agreed Procedure.

Mr. Atul Nanda, the learned Standing Counsel for Union of India raised two concerns with respect to the order dated 16th December, 2009 which are as under:

(i) In para 7 of the order dated 16th December, 2009, the learned Tribunals have been directed to compute the compensation payable in death cases according to the principles laid down by the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . Mr. Atul Nanda submits that there are other judgments in which different view has been taken and, therefore, the learned Tribunals may be left free to follow the law laid down in other judgments as well.

(ii) The direction in para 5(xii) of the order dated 16th December, 2009 to the Claim Tribunals to ensure that the claimants are awarded just compensation in accordance with law, be deleted.

With respect to the first contention, it is hereby clarified that the order dated 16th December, 2009 is an interim order based on the Claims Tribunal Agreed Procedure accepted by all the seventeen Insurance Companies and Delhi Police for expeditious settlement of accident cases for a limited period of six months from 15th January, 2010 to 14th July, 2010. This is a pilot project on trial basis with a object that the claimants get the compensation within a period of 120 days from the date of the accident. Unless the scheme is clear and definite in all respects, the settlement of death cases within a fixed time frame may not be possible. It is noted that on average, there are about 20 accident cases in a month in Delhi and, therefore, this scheme would cover approximately 120 cases over a period of six months. The clarification given in para 7 of the order dated 16th December, 2009 is to make the scheme definite and clear and not to leave any confusion in the applicability of the scheme. It is also noted that all the nationalized Insurance Companies had in the meeting held in May, 2009 recorded in the Minutes of the Meeting dated 29th May, 2009 agreed to settle all the pending death cases in Delhi according to the principles laid down by the Hon''ble Supreme Court in the case of Sarla Verma (supra). Similar proposal had also been accepted by the Insurance Companies before the Hon''ble Supreme Court in the meeting of the Arrears Committee. Para 7 of the order dated 16th December, 2009 is in line with the accepted stand of the Insurance Companies. However, if still there is any difficulty for the Insurance Companies to settle the cases in terms of the order dated 16th December, 2009, the liberty is given to them to approach this Court in terms of para 12 of the order dated 16th December, 2009 for appropriate directions.

With respect to the second objection that the Tribunals should not examine whether the amount offered by the Insurance Companies is in accordance with law or not, it is clarified that the purpose of the scheme is to expedite the payment of compensation to the victims of the road accidents in-accordance with law without compromising the quality of justice and, therefore, the directions given to the learned Tribunals in this regard are necessary to uphold the rule of law.

It is also to be noted that the purpose of procedure is to help dispense justice. Considering the situation in the past and the fair approach adopted by the parties before this Court, the common goal being quicker adjudication, we have to find a way forward to rid the inefficiencies of the past.

The orders dated 8th June, 2009 and 5th November, 2009 stand modified by the order dated 16th December, 2009 in so far as the Insurance Companies had been directed to deposit the admitted amount.

List on 8th January, 2010 for compliance of directions given in para 18 of the order dated 16th December, 2009 and on 23rd March, 2010 for consideration of the first report of the Committee.

The approved Claims Tribunal Agreed Procedure has been appended to this order (which will be uploaded on the internet) so as to enable access by all concerned.

The copy of this order along with order dated 16th December, 2009 and Claims Tribunal Agreed Procedure, as finally modified and approved be sent to all Claim Tribunals and Delhi Legal Services Authority through the Registrar (Vigilance) of this Court. All the Claims Tribunals shall send a monthly report giving particulars of total number of cases received by them in a tabular form containing the particulars of age, occupation, income, number of dependents, amount offered by the Insurance Company and the amount awarded by the Claims Tribunals in death cases and relevant particulars in injury cases. The monthly report of the Claims Tribunals be sent to this Court through Registrar (Vigilance). The report with respect to the period between 15th January, 2010 to 14th February, 2010 be sent to this Court by 28th February, 2010. The same be placed before this Court along with the comments of Registrar (Vigilance) by 15th March, 2010, which shall be considered on 23rd March, 2010.

Copy of this order along with order dated 16th December, 2009 and approved Claims Tribunal Agreed Procedure be also sent to the Principal Secretary (Law), Government of NCT of Delhi for issuing appropriate instructions to all authorities under Government of NCT of Delhi for compliance of the order dated 16th December, 2009.

The copy of this order be given Dasti to learned amicus curiae, Committee members, Standing Counsel for Union of India, Additional Standing Counsel for Delhi Police, Delhi Legal Services Authority and all the Insurance Companies.

Copy of this order along with the copy of the order dated 16th December, 2009 and the Agreed Claims Tribunal Procedure be also sent to Mr. S. Sundar, Chairman of the Expert Committee constituted by the Ministry of Road Transport and Highways.