Rajesh Tyagi & Ors. vs Jaibir Singh & Ors

,,,,,,,

J.R. Midha, J",,,,,,,

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 â€" 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 FAO 842/2003 Page 3 of 62 relates to the consequences of negligence of counsel which misleads a,,,,,,,

litigant into delayed pursuit of his remedy.,,,,,,,

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, nonenforcement 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.",,,,,,,

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 â€" easy and inexpensive if,,,,,,,

the State has the will to help the poor who mostly die in such accidents â€" law's delays in this compassionate jurisdiction can be banished. Social justice in action is the,,,,,,,

measure of the State's constitutional sensitivity.â€​,,,,,,,

(Emphasis supplied),,,,,,,

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.,,,,,,,

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.,,,,,,,

In Rajesh Tyagi â€" 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 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 Rangeâ€​",,,,,,,

In Mayur Arora v. Amit, 2011 (1) TAC 878, this Court noted that Delhi Police issued a Standing Order No. 157 of 2008 on 14th 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.â€​,,,,,,,

In Rajesh Tyagi â€"I, this Court considered the suggestions of Dr. Arun Mohan, learned Amicus Curiae and directed Delhi Police to incorporate them in the training manual.",,,,,,,

Relevant portion of the judgment dated 16th 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 â€" driver, occupant/s, victim/s. Thereupon the Investigating Officer should make calls to the aforesaid designated police telephone number",,,,,,,

in the following order:,,,,,,,

from his own (Investigating Officer’s) mobile phone;,,,,,,,

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.);",,,,,,,

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.,,,,,,,

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 nonaccident) 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 â€" preferably on an electronic interactive form â€" 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.,,,,,,,

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.,,,,,,,

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 videorecorded 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,,,,,,,

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.â€​,,,,,,,

(Emphasis Supplied),,,,,,,

On 14th February, 2020, this Court directed Delhi Police to implement the aforesaid suggestions recorded in Rajesh Tyagi â€" I w.e.f. 15th April, 2020. Relevant portion of the",,,,,,,

order dated 14th 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.â€​",,,,,,,

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 reproduced hereunder:",,,,,,,

“12. The pilot project mentioned in the order dated 13th December, 2019 is directed to be implemented in respect of death cases in a motor accident in New Delhi District",,,,,,,

with effect from 15th April, 2020. The Investigating Officer shall expeditiously (on the date of accident) upload FORM â€" 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 15th 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 â€" 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.â€​,,,,,,,

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 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: -,,,,,,,

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 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.",,,,,,,

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.,,,,,,,

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.,,,,,,,

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 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,,,,,,,

While so, as far as Tamil Nadu is concerned, SCRB 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.",,,,,,,

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.,,,,,,,

Technology is the way to go. Digitisation is the key for advancement in the lives of human beings too. ECourts 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, 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,,,,,,,

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,,,,,,,

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.,,,,,,,

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.,,,,,,,

A combined reading/implementation of DAR regime â€" which is a technology platform, allied with reference of 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 Justiceâ€",,,,,,,

after all.,,,,,,,

INITIAL IMPLEMENTATION OF DAR REGIME,,,,,,,

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, 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.",,,,,,,

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 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.,,,,,,,

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 technology.,,,,,,,

FULL FLEDGED IMPLEMENTATION OF DAR REGIME:,,,,,,,

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.,,,,,,,

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 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 “commoditiesâ€, 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:,,,,,,,

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:,,,,,,,

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.DX/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 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 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.,,,,,,,

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 Constitutional principle.,,,,,,,

(Emphasis Supplied),,,,,,,

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.,,,,,,,

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.â€​",,,,,,,

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 to",,,,,,,

ascertain the truth to do justice and the Claims Tribunal can summon the investigating officer along with the police record.â€​,,,,,,,

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.,,,,,,,

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 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.,,,,,,,

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.â€​,,,,,,,

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.,,,,,,,

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, 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.",,,,,,,

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.â€​",,,,,,,

S. No,Country,"Place/

Authority",Statue/ Applicable Rules,"Form/Annexure

/Appendix/ Affidavit",Hyper Link,,

1.,USA,"New York,

Department of

Motor Vehicles","New York Consolidated

Laws, Vehicle and Traffic

Law â€" Title 6- Accidents

and Accident Reports -

VAT § 600-606

- VAT § 606. Report

required upon accident","MV-104 - Report of Motor

Vehicle Accident - Required

to be filed with DMV by all

drivers involved in reportable

motor vehicle accidents","1. https://dmv.ny.gov/forms/m v104.pdf

https://cmvny.com/wp- content/uploads/2011/05/NYS- DMV-

MV-104-Report-of- Motor-Vehicle-Accident- Form.pdf

https://dmv.ny.gov/forms?pa ge=7",,

MV-104C - Bicycle

Accident Report- Required

to be filed by a bicyclist

when a bike accident

involving death or serious

physical injury occurs on a

public highway, but DOES

NOT involve a motor

vehicle",1. https://dmv.ny.gov/forms/m v104c.pdf,,,,,,

MV-104COV - Police

Accident Report Cover

Sheet â€" Cover Sheet for

Police Accident Report

forms MV-104A and MV-

104AN. This cover sheet

was formerly form

MV-104AC.",1. https://dmv.ny.gov/forms/m v104cov.pdf,,,,,,

MV-104D - Police

Report for Fatal Motor

Vehicle Accidents",1. https://dmv.ny.gov/forms/m v104d.pdf,,,,,,

MV-104EN â€" Early

Notification of a Fatal

Accident - Used to notify

DMV, as required by law,

that a fatal crash has

occurred and a full report

will be forthcoming",1. https://dmv.ny.gov/forms/m v104en.pdf,,,,,,

MV-104F - Accident

Report for School

Vehicles Transporting

Pupils/Teacher

/Supervisors",1. https://dmv.ny.gov/forms/m v104f.pdfa,,,,,,

MV-104F.1 - Accident

Report for School Vehicles

Transporting

Pupils/Teacher/Supervisors

(Continuation Sheet)

Continuation sheet for

additional information for

form MV-104F.",1. https://dmv.ny.gov/forms/m v104f1.pdf,,,,,,

MV-104L - Report of

Motor Vehicle

Accident/Police Line of

Duty Accident",1. https://dmv.ny.gov/forms/m v104l.pdf,,,,,,

MV-104S - Truck and Bus

Supplemental Police

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 form must be

accompany the MV-

104A(N) if the criteria in

the instructions on the MV-

104S are met.",1. https://dmv.ny.gov/forms/m v104s.pdf,,,,,,

2.,USA,"New

Hampshire

Department of

Safety Division

of Motor

Vehicles","New Hampshire Revised

Statutes

Title XXI - Motor

Vehicles

Chapter 264 - Accidents

and Financial

Responsibility

Section 264:26 - Uniform

Police Investigation

Report of Accident.

NH Rev Stat § 264:26","State of New Hampshire

Uniform Police Traffic

Crash Report DSMV 159

(Rev. 11/07)

DSMV291 (Rev.06/10)

Driver Education Accident

Report

Operator's Report

Symbol (DSMV 400)","1. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d

smv291.pdf

https://www.nh.gov/safety/d ivisions/dmv/forms/index.htm

https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d

smv400.pdf",,

,,,,"Motor Carrier Accident

Report (DSMV 161) - For

Law Enforcement Use

Only","1. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d

smv161.pdf",,

,,,,"Operator (Driver) Accident

Report (DSMV 400)","1. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d

smv400.pdf",,

,,,,"Uniform Police Traffic

Accident Report (DSMV

159) - For Law

Enforcement Use Only","1. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d

smv159.pdf

https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d

smv160.pdf",,

,,,,"Uniform Police Traffic

Accident Report Key

(DSMV 160) â€" For Law

Enforcement Use Only","1. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d

smv160.pdf",,

3.,USA,"Alabama

Department of

Public Safety

â€" Safety

Responsibility

Unit","Code of Alabama 1975

Title 32. Motor Vehicles

and Traffic

§ 32-10-7 - Written

reports of accidents;

release of information

§ 32-10-8 â€" Accident

report forms

§ 32-10-9 - Coroners to

report

§ 32-10-10- Garages to

report accident and bullet

damage

§ 32-10-11- Accident

reports confidential","Alabama Uniform Traffic

Crash Report AST â€" 27

(Rev.06/08)

Alabama - Uniform Traffic

Crash Report - Truck/Bus

Supplemental Sheet (6/08)","1 . https://one.nhtsa.gov/nhtsa/s

tateCatalog/states/al/docs/AL_P AR_06-08.pdf",,

,,,,"Alabama Crash Report

1991 â€" AST â€" 27 -

(Rev.01/91)

Now Not In Use â€

Replaced by AST â€" 27

(Rev.06/08)","1. https://one.nhtsa.gov/nhtsa/s tateCatalog/states/al/docs/Alaba

ma.pdf",,

,,,,"Alabama Operator Crash

Report 1998 - SR â€" 13

Revised 1-98","1. https://one.nhtsa.gov/nhtsa/s tateCatalog/states/al/docs/AL_S

R_13_OperatorReport_rev_1_1 998.pdf",,

4.,USA,"Alaska

Department of

Transportation

& Public

Facilities","Alaska Statutes Title 28.

Motor Vehicles

§ 28.35.080 â€

Immediate notice of

accident (b)","State of Alaska Motor

Vehicle Collision Report

Form - 12-200 is to be used

by all law enforcement

officers to report motor

vehicle crashes in Alaska.

Appendix B","1 . http://www.dot.state.ak.us/st

wdplng/hwysafety/assets/pdf/Al

aska_Motor_Vehicle_Collision_ Report_Manual_Jan_2016.pdf

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/a

k_2013_12- 200_paper_report_sub6_4_12.p

df",,

,,,,"Alaska Motor Vehicle

Crash Form 12-209 for

Driver","1 . http://www.dot.state.ak.us/1 2209V4/jsp/12209main.jsp#for

mBtn",,

5.,USA,"Arkansas Safety Responsibility Section

Arkansas Code Title 27 - Transportation

Subtitle 4 - Motor Vehicular Traffic Chapter

53 - Accidents Subchapter 3 - Investigations

§ 27-53-303 -

Jurisdiction and responsibilities of law",,"Arkansas Motor Vehicle

Accident Report Form

―SR-1â€​","1 . https://www.dfa.arkansas.go

v/images/uploads/driverServices Office/SR121.pdf.

2 . http://workzone.eng.wayne.e

du/crash_report/State_Reports/A

rkansas_Crash_(1-07).pdf",,

,,enforcement officers,,,,,

,,,,"Arkansas - Motor Vehicle

Crash Report: (1/07) -

Crash Report - Crash

Summary","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/2

016-04- 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

Title 28. Transportation

§ 28-667 - Written

accident report","FORM 01-2704A R11/2017 -

standard report form.

FORM 01-2704A R

06/2010 - standard report

form.

FORM 01-2704B R

07/2010 - continuation of

the standard report form","1. https://www.nhtsa.gov/docu ment/arizona-crash-report-01-

2704a-revised-112017

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/fi

nal_crash_report.pdf",,

,,,,"FORM 01-2704C R

06/2010 - Narrative - This

is a continuation form for

the standard 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.","3. https://www.nhtsa.gov/nhtsa

/stateCatalog/states/az/docs/AZ_

Crash_Manual_rev8_2010_sub_ 3_2011web.pdf",,

7.,USA,California,"2011 California Code

Vehicle Code

Division 10. Accidents &

Accident Reports [20000

- 20018]

Chapter 1. Accidents &

Accident Reports

Section 20000 - 20018

CA Veh Code §§

20000 - 20018 (through

2012 Leg Sess)","Traffic Collision Report.

Chp 555 (Rev.7-03) OPI

060

State of California

narrative/supplemental

CHP 556 (Rev. 7-03)

OPI 042

STD-270: Vehicle Accident

Reporting Form for State

Drivers

STD-268: Accident

Report (Other Than

Motor Vehicle)

STD-274: Supervisor

Review of State Driver

Accidents","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/ca

_chp555_sub6_2012.pdf

http://www.bidnet.com/bnea ttachments?/374267997.pdf

https://www.documents.dgs. ca.gov/dgs/fmc/pdf/std270.pdf

https://www.documents.dgs. ca.gov/dgs/fmc/pdf/std268.pdf

https://www.documents.dgs. ca.gov/dgs/fmc/pdf/std274.pdf",,

8.,USA,"Colorado

Department of

Transportation","Colorado Revised

Statutes Annotated

Title 42. Vehicles and

Traffic Regulation of

vehicles and Traffic

Article 4. Regulation of

Vehicles & Traffic","DR3447 Traffic Crash

Report Form

DR3447 is the new crash

report form for Colorado,

replacing the DR2447","1 . https://www.codot.gov/abou t/committees/strac/dr3447-

folder/dr3447-crash-report- official-released-form

https://www.codot.gov/abou t/committees/strac/dr3447-",,

,,,"Part 16. Accidents

AND Accident Reports

C.R.S. 42-4-1606 -1608

[Model Traffic Code

For Colorado, 2020 has

omitted chapter of

Accidents Reports]",,folder/using-the-dr3447/dr3447- paper-report-page-handling,,

9.,USA,"Connecticut

Department of

Transportation","Connecticut Vehicle

Code § 9-26-1-1.1

Car accident reporting

Connecticut Vehicle

Code § 14-224

Uniform investigation of

accident report

Connecticut General

Statutes

Title 14. Motor Vehicles.

Use of the Highway by

Vehicles. Gasoline §

14- 108a

Uniform investigation of

accident report.","Connecticut Uniform

Police Crash Report Form

PR-1 REV

September 14, 2015

Connecticut Uniform Fatal

Crash Supplement PR-2

REV

January 2016","1 . https://www.nhtsa.gov/docu ment/connecticut-uniform-

police-crash-report-form-pr-1- revised-2015

https://www.nhtsa.gov/docu ment/connecticut-uniform-fatal-

crash-supplement-pr-2-revised- 2016

https://portal.ct.gov/-

/media/DOT/documents/dTrans

portation_Safety/CrashData/For

mPR1DemonstrationWithAllPa gespdf.pdf

https://portal.ct.gov/-

/media/DOT/documents/dTrans

portation_Safety/CrashData/For mPR2pdf.pdf",,

10.,USA,Delaware,"Delaware Code Title 21

Motor Vehicles

Operation and Equipment

Chapter 42. Reports of

Accidents; Penalties;

Interpretation of Laws

Delaware Code Title 21

§ 4203 (d)","(Electronic) State of

Delaware Uniform

Collision Report","1 . https://one.nhtsa.gov/nhtsa/s

tateCatalog/states/de/docs/DE_P

AR_PaperlessScreens_sub_2_6_ 07.pdf

2 . https://one.nhtsa.gov/nhtsa/s

tateCatalog/states/de/docs/DE_P

AR_Form438_rev_10_1987.pdf

https://www.nhtsa.gov/docu ment/electronic-state-delaware-

uniform-collision-report",,

11.,USA,"District of

Columbia","Code of the District of

Columbia

§ 50-1001

§ 50â€"1731.07. Police

officer’s report.

§ 50â€"1301.10.

Accident report â€

R e q u ir e d . [Now

Repealed]",Accident Report (PD-10),"1. https://mpdc.dc.gov/sites/def ault/files/dc/sites/mpdc/service_

content/attachments/PD%20For m%2010B_fillableform.pdf",,

12.,USA,Florida,"Florida Code Title

X X I I IM otor

Vehicles

Chapter 316 State

Uniform Traffic Control

316.065-69

C r a s he s ; Reports;

Penalties. etc. FL Stat

§ 316.065-69 (2019)","Florida Crash Report

HSMV-90010S(E), Rev.

6/2013

Florida Operator Report

HSMV 90011S","1. https://one.nhtsa.gov/nhtsa/s tateCatalog/states/fl/docs/FL_P

AR_HSMV90010S(E)_rev06- 13.pdf

https://one.nhtsa.gov/nhtsa/s tateCatalog/states/fl/docs/FL_O

peratorReport_sub5_2011.pdf",,

13.,USA,Georgia,"Georgia Vehicle Code

§ 40-9-32 Proof of

insurance after an

accident

Georgia Vehicle Code

§ 40-9-35 Right to

reach private accident

settlement

Georgia Vehicle Code

§ 40-9-31 Handling of

police reports","Personal Report of

Accident

D H S Transportation

Manual- Exhibit 28

Appendix 24 â€" Vehicle

Operator Initial Accident

and Incident Reporting

Form

Appendix 25 â€" Vehicle

Operator Accident and

Incident Follow-up

Reporting Form","1 . http://odis.dhs.state.ga.us/Vi ewDocument.aspx?

docId=30051 49&verId=1

https://dhs.georgia.gov/docu ment/publication/transportation-

manual/download",,

14.,USA,Hawaii,"2019 Hawaii Revised

Statutes Title 17. Motor

and Other Vehicles291C.

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 §2 91C-17

(2019)","DOT-1-174D

(HWY-T)

Rev. 06/08","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m

var_final_combined_pages.pdf",,

15.,USA,Iowa,"IA Code § 321.263

Reporting personal injury

accident

IA Code § 321.266

Reporting accidents","Investigation Officer’s

of Motor Vehicle Accident

Form 433003

(11-13)","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/ia

_par_rev11_2013_implement20 15.pdf

https://iowadot.seamlessdoc s.com/f/IowaAccidentReport

https://iowadot.gov/forms/4 33014.pdf",,

16.,USA,Idaho,"Idaho Code

§ Section 49-1306 â€

Written Reports of

Accidents

§ Section 49-1307 -

Accident Report Forms","Idaho Vehicle Collision

Report

Idaho ITD-0090 Crash

Form, 2011","1 . https://one.nhtsa.gov/nhtsa/s

tateCatalog/states/id/docs/ID_Cr

ash_Report_rev3_2011_sub3_2 012.pdf",,

17.,USA,"Illinois

Department of

Transportation","I llinois Compiled

Statutes

(625 ILCS 5/11-408)

from Ch. 95 1/2, par. 11-

408)","Illinois SR 1050 Crash

Report, 1/2013 SR 1050A

Additional Units/Amended

Report Form

SR 1 Motorist Report

Form, singles","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/il

_crash_report_instruction_manu al_2013.pdf

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/il

_sr1000_par_rev1_2013_sub12_ 2013.pdf",,

18.,USA,Indiana,"Indiana Vehicle Code

§ 9-26-1-1.1

After an accident","Indiana Officer's Standard

Crash Report","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/in

_electronicvcrs_crashreport_sub 12_2013.pdf",,

19.,USA,Kansas,"Kansas Uniform Act

Regulating Traffic

Sections 8-1604; 8-1605;

and 8-1609","Kansas Crash Report

Form No. 850 Rev.

1/2005

Kansas Crash Report

Form 850-A Rev.

1/2009","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/ks

_par_rev2005_sub_06_05_2006. pdf

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/ks

_par_850a_rev9_2009_sub10_2 011.pdf",,

20.,USA,Kentucky,"K e ntuc ky Revised

Statutes, Title XVI Motor

Vehicles § 189.635","Kentucky Electronic KSP

74, Revised 7/2008

Kentucky Crash Report

KSP 74,

Revised 01/2000

Kentucky CMV Crash

Report KSP 74A

Kentucky Paper Crash

Report KSP 74 Revised

6/2004","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/k

y_ksp74_rev7_2008_sub4_2012

.pdf

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/k

y_par_ksp_74_rev_1_2000_0.pd f

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/k

y_cmv_ksp_74a_rev_1_2000.pd f

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

Statutes, Title 32 §

398","State of Louisiana

Uniform Motor Vehicle

Traffic Crash Report

Form - DPSSP 3105 (Rev.

Mar. 2005)","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/la

_crash_report_rev_3_2005_sub_ 5_22_08.pdf",,

22.,USA,Maine,"Requirements on scene:

§2252 to 2255

Police notification/report:

§2251","Maine Crash Report Form

13:20A

Revised 1/2010","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m

aine_par_rev1_2010_sub_6_201 1.pdf",,

23.,USA,Maryland,"MD Transportation Code

§ 20-107 Post-accident

reporting to MVA

MD Transportation Code

§ 20-104 Car accident

reporting guidelines

MD Transportation Code

§ 20-106 Reporting

accident with domestic

animals","Maryland MSP Form #1

Crash Report, Revised

1/1993","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m

aryland_0.pdf",,

24.,USA,Massachusetts,"Massachusetts General

Laws Chapter 90 §

26","Massachusetts CRA-65

Rev 2.0 Crash Report,

Revised 02/2005","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m

a_par_02_2005.pdf",,

25.,USA,Michigan,"Motor Vehicles §

257.622 Duty to report

accidents

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","Michigan UD-10 Crash

Form, Revised 01/2004","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m

i_ud10_crashform_01_2004.pdf",,

26.,USA,Minnesota,"Minnesota Statutes

Insurance (Ch. 59A-

79A) 65B.42 (Purpose)

Minnesota Statutes

Insurance (Ch. 59A-

79A) 65B.46 (Right to

Benefits)

Minnesota Statutes

Transportation (Ch. 160-

174A) 169.09 (Cannot

leave accident scene)","Minnesota PS-32003-10

Crash Report

Minnesota PS-32001-08

Operator Report (Operator

Report)

Minnesota PS-32003,

revised 1/1991 and PS-

32003-7","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m

n_par_01_2003.pdf

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m

n_operator_report.pdf

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m

n_par_ps32003_1_1991.pdf",,

27.,USA,Mississippi,"Requirements on scene:

§63-3-401 to 63-3-409

Police notification,

report: §63-3-411 to

63- 3-417","Mississippi Uniform

Crash Report, revised

10/2009

Mississippi Uniform Crash

Report SR-3 and

Supplement, Revised

10/1984","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m

s_par_rev10_1_09_sub9_17_10. pdf

2 . nhtsa.gov/sites/nhtsa.dot.gov/files/documents/ms_par_sr3_re

v10_1984.pdf",,

28.,USA,Missouri,"Missouri Code §

300.030 Traffic division to

investigate accidents

Missouri Code §

300.110 Immediate notice

of accident within city

Missouri Code §

303.040 Reporting an

uninsured motorist

following an

accident","Motor Vehicle Accident

Report

Form 1140

Rev.6 â€" 2006

Missouri SHP-2Q Crash

Report, Revised 01/2012","1. https://dor.mo.gov/forms/11 40.pdf

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m

o_par_rev01_2012.pdf",,

29.,USA,Montana,"Montana Uniform

Accident Reporting Act

Sections 61-7-108, 61-7-

109, and 61-7-110","Montana Crash Report

Form HQ1599","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m

t_nhq1599.pdf",,

30.,USA,Nebraska,"Nebraska Vehicle Code

§ 60-699 Reports

required of operators

Nebraska Vehicle Code

§ 60-696 Reporting

accident with unattended

car/property","Nebraska DR Form 40,

Revised 8/2012

Nebraska Truck and Bus

Supplement Form DR40,

Revised 04/2009

Nebraska Continuation

Form DR40a, Revised

01/2009

Nebraska DR Form 40,

Revised 01/2009

Nebraska DR Form 40,

Revised 01/2002","1 . https://www.nhtsa.gov/docu ment/nebraska-dr-form-40-

revised-82012

https://www.nhtsa.gov/docu ment/nebraska-truck-and-bus-

supplement-form-dr40-revised- 042009

3 . https://www.nhtsa.gov/docu ment/nebraska-continuation-

form-dr40a-revised-012009

4 . https://www.nhtsa.gov/docu ment/nebraska-dr-form-40-

revised-012009

https://www.nhtsa.gov/docu ment/nebraska-dr-form-40-

revised-012002",,

31.,USA,Nevada,"Nevada Revised Statutes

Sections 484E.070 and

484E.080","Nevada SR-1 Operator

Report, revised 4/2008

Nevada Property Damage

Only Report, revised 8/2006

Nevada Crash Report,

revised 1/2004","1 . https://www.nhtsa.gov/docu ment/nevada-sr-1-operator-

report-revised-42008

https://www.nhtsa.gov/docu ment/nevada-property-damage-

only-report-revised-82006

https://www.nhtsa.gov/docu ment/nevada-crash-report-

revised-12004",,

32.,USA,"New

Hampshire",,"New Hampshire Motor

Carrier Accident Report,

rev. 05/08

New Hampshire Uniform

Traffic Crash Report, rev.

11/07

New Hampshire PAR

DSMV-160, rev. 08/93","1. https://www.nhtsa.gov/docu

ment/new-hampshire-motor- carrier-accident-report-rev-0508

https://www.nhtsa.gov/docu ment/new-hampshire-uniform-

traffic-crash-report-rev-1107

https://www.nhtsa.gov/docu ment/new-hampshire-par-dsmv-

160-rev-0893",,

33.,USA,New Jersey,"New Jersey Statutes

Chapter 39 (Motor

Vehicles & Traffic

Regulation) § 4-

130","State of New Jersey

Police Crash

Investigation Report

NJTR-1, Revised

04/2010","1 . https://www.state.nj.us/trans

portation/refdata/accident/pdf/NJTR-1.pdf",,

34.,USA,New Mexico,"New Mexico Statutes

Sections 66-7-206, 66-7-

207","New Mexico SH 10074

Uniform Crash Report,

Revised 1/2011","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/n

m_par_code_sheet_rev1_2011.p df",,

35.,USA,North Carolina,"NC Motor Vehicles §

20-

166.1 Reports and

investigations required in

event of accident

NC Motor Vehicles §

20- 166 Duty to stop in

event of a crash,

furnishing information","North Carolina Crash

Report DMV-349, 1/2009","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/n

c_par_dmv-349_rev1_2009.pdf

2 . https://www.nhtsa.gov/docu ment/north-dakota-sfn2344-

crash-report-revised-52009

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/n

d_par_rev_12_2006_sub_5_21_

07.pdf",,

36.,USA,North Dakota,"North Dakota Vehicle

Code § § 39-08-

09 Immediate notice of

accident

North Dakota Vehicle

Code § 39-07-12

Garages to report","North Dakota DOT2356

Overlay, revised 6/2009

North Dakota SFN2344

Crash Report, revised

5/2009","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/n

d_overlay_dot2356_rev6_2009_ sub11_5_09.pdf

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/n

d_par_sfn2355_rev5_2009_sub1 1_5_09.pdf",,

37.,USA,Ohio,"2019 Ohio Revised Code

Title [45] XLV Motor

Vehicles - Aeronautics -

Watercraft

Chapter 4509 - Financial

Responsibility

Section 4509.06 -

Accident report alleging

uninsured driver or

owner.

Ohio Rev Code §

4509.06 (2019)","Ohio OH-1 Crash Report,

Revised 1/2012

OH PAR - Occupant

Information, rev. 6/2009

OH PAR - Vehicle &

Crash Information, rev.

6/2009

OH PAR - Narrative &

Diagram, rev. 6/2009","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/o

h-1_rev1_2012.pdf

2 . https://www.nhtsa.gov/docu ment/oh-par-occupant-

information-rev-62009

3 . https://www.nhtsa.gov/docu ment/oh-par-vehicle-crash-

information-rev-62009

https://www.nhtsa.gov/docu ment/oh-par-narrative-diagram-

rev-62009",,

38.,USA,Oklahoma,"Oklahoma Stat § 47-

10- 107 Immediate

reporting of injury

accidents Oklahoma Stat

§ 47-10- 108 Filing an

accident

report","Oklahoma DPS 0192-01

Crash Report, Revised

01/2007","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/o

k_par_rev01_07_sub_08_16_06. pdf",,

39.,USA,Oregon,"Oregon Revised Statutes,

Oregon Vehicle Code

§ 811.720","Oregon Traffic Accident

and Insurance Report,

Revised 1/2011

Oregon 735-46AB Crash

Report, Revised 6/2007

Truck/Bus Supplement,

Revised 11/2011","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/or

_operatorreport_rev1_11_sub7_ 12.pdf

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/or

_par_46ab_rev6_2007.pdf

https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/or

_truckbus_supp_rev11_11.pdf",,

40.,USA,Pennsylvania,"Pa.C.S.A. Vehicles

§ 3747 Written

report of accident

Pa.C.S.A. Vehicles §

3746 Immediate notice of

accident to police","Pennsylvania Crash Form,

Revised 12/2002

Instructions, Revised

12/2002","1. https://www.nhtsa.gov/docu ment/pennsylvania-crash-form-

revised-122002

https://www.nhtsa.gov/docu ment/instructions-revised-

122002",,

41.,USA,Rhode Island,"Rhode Island General

Laws - Title 31.

Motor and Other

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","Rhode Island Uniform

Crash Report

12/2013","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/ri

_par_sent_12_5_2013.pdf",,

42.,USA,South Carolina,"Motor Vehicles § 56-5-

1260 Immediate report of

accidents resulting in

personal injury or death

Motor Vehicles § 56-5-

1270 Making written

reports of certain

accidents","South Carolina TR-310

Crash Report Form,

revised 11/2011

CMV and Bus

Supplement, revised

4/2009","1 . https://www.nhtsa.gov/docu ment/south-carolina-tr-310-

crash-report-form-revised- 112011

https://www.nhtsa.gov/docu ment/cmv-and-bus-supplement-

revised-42009",,

43.,USA,South Dakota,"Motor Vehicles § 32-

34- 7 Immediate

accident notification

Motor Vehicles § 32-

34- 13 Accident Reports

not privileged","South Dakota Crash Form

DPS-AR1, revised

12/11/2003

South Dakota Crash

Form Overlay DPS-AR2,

revised 12/11/2003","1. https://www.nhtsa.gov/docu ment/south-dakota-crash-form-

dps-ar1-revised-12112003

https://www.nhtsa.gov/docu

ment/south-dakota-crash-form- overlay-dps-ar2-revised-

12112003",,

44.,USA,Tennessee,"Tenn. Vehicle Code §

55- 10-107 Owner/Driver

Accident Report Filing

Tenn. Vehicle Code §

55- 10-106 Reporting

Accidents to Law

Enforcement

Tenn. Vehicle Code §

55- 10-104 Accident with

unattended vehicles,

written notice","Tennessee TITAN

eCrash Report, Revised

2009","1 . https://www.nhtsa.gov/docu ment/tennessee-titan-ecrash-

report-revised-2009",,

45.,USA,Texas,"Texas Transportation

Code § 601.004","Texas CR-3 Alternate

Crash Report, revised

7/2011

Texas CR-3 Crash Report

with Additional Persons

Supplements, revised

1/2010

Texas CR-2 Operator

Report, revised 2/2010

Texas CR-3 Peace

Officer's Crash Report,

revised 3/2009

Texas CR-3C Peace

Officer's Commercial

Vehicle Crash Report,

revised 6/2008","1 . https://www.nhtsa.gov/docu ment/texas-cr-3-alternate-

crash- report-revised-72011

2 . https://www.nhtsa.gov/docu ment/texas-cr-3-crash-report-

additional-persons-supplements- revised-12010

3 . https://www.nhtsa.gov/docu ment/texas-cr-2-operator-

report- revised-22010

https://www.nhtsa.gov/docu ment/texas-cr-3-peace-officers-

crash-report-revised-32009

5 . https://www.nhtsa.gov/docu ment/texas-cr-3c-peace-

officers- commercial-vehicle-crash- report-revised-62008",,

46.,USA,Utah,"Requirements on

scene: §41-6a-401 to

41-

6a-401.9

P o l i c e notification:

§41- 6a-401; 41-6a-

401.7

Accident reports: §41-

6a- 402","Utah Crash Report DI-9,

Rev. 3/2006

Utah DI-9 Overlay, Rev.

1/2015","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/ut

ah_di-9_par_rev3_2006.pdf

2 . https://www.nhtsa.gov/docu ment/utah-di-9-overlay-rev-

12015",,

47.,USA,Virginia,"Virginia Codes (Motor

Vehicles) § 46.2-894","Virginia Crash Report

FR300-P, Rev. 7/2007","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/v

a_fr300_rev7_2007.pdf",,

48.,USA,Vermont,"Vermont Statutes Title

Motor Vehicles

§ 1128- Accidents

§1129 - Accident

reports","Vermont Crash Report

Form

Printed 11/2013","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/vt

_par_printed11_2013.pdf",,

49.,USA,Washington,"Washington Codes

(Motor Vehicles)

§ 46.52.030","Washington Crash

Report 3000-345-159R,

rev. 7/2006","1. https://www.nhtsa.gov/docu ment/washington-crash-report-

3000-345-159r-rev-72006",,

50.,USA,West Virginia,"Virginia Code § 17C-

4- 6 Immediate

notification of crashes

Virginia Code § 17C-

4- 7 Report of crashes

Virginia Code § 17C-

4- 9 Crash report forms","West Virginia DMV-17- C

Crash Report, Revised

2/2007","1 . https://www.nhtsa.gov/docu ment/west-virginia-dmv-17-c-

crash-report-revised-22007",,

51.,USA,Wisconsin,"Wisc. Vehicle Code §

346.70 Accident

reporting","Wisconsin MV 4000-899

Crash Report, Revised

9/2007

Fatal Supplement MV

3480, Revised 12/2005

Operator Report MV

4002, Revised 12/2005","1. https://www.nhtsa.gov/docu ment/wisconsin-mv-4000-899-

crash-report-revised-92007

2 . https://www.nhtsa.gov/docu ment/fatal-supplement-mv-

3480-revised-122005

https://www.nhtsa.gov/docu ment/operator-report-mv-4002-

revised-122005",,

52.,USA,Wyoming,"Requirements on scene:

§31-5-1101 to 31- 5-1104

Police notification/reports:

§31- 5-1105 to 31-5-1112","Wyoming PR902 Crash

Report, revised 6/2006

PR 902A Additional Vehicle

Supplement, revised 6/27/2006

PR902B Truck / CMV

Supplement, revised 6/28/2006

PR902C Non-Motorist

Supplement, revised 6/26/2006

PR902E Bus Supplement,

revised 7/5/2006

Wyoming PR901 Operator

Report, revised 06/2006

PR 901B Operator

Truck/CMV/Bus

Supplemental Report, revised

11/16/2006","1. https://www.nhtsa.gov/docu ment/wyoming-pr902-crashreport-

revised-62006

2 . https://www.nhtsa.gov/docu ment/pr-902a-additionalvehicle-

supplement-revised6272006

3 . https://www.nhtsa.gov/docu ment/pr902c-non-

motoristsupplement-revised-6262006

https://www.nhtsa.gov/docu ment/pr902e-bus-

supplementrevised-752006

5 . https://www.nhtsa.gov/docu ment/wyoming-pr901-

operatorreport-revised-062006

6 . https://www.nhtsa.gov/docu ment/pr-901b-

operatortruckcmvbus-supplementalreport-revised-11162006",,

53.,USA,Guam,,"Guam Police Crash

Report, revised 7/2007","1. https://www.nhtsa.gov/docu ment/guam-police-crash-report-

revised-72007",,

54.,USA,Puerto Rico,,"Puerto Rico PPR-94

Crash Report, Revised

01/1988","1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/pr

_par1web.pdf",,

55.,USA,Virgin Islands,,"Virgin Islands Uniform

Crash Report, approved

5/2007","1 . https://www.nhtsa.gov/docu ment/virgin-islands-uniform-

crash-report-approved-52007",,

56.,UK,"Driver and

Vehicle

Standards

Agency","Section 170 of the Road

Traffic Act 1988","Report an incident or

collision involving a public

service vehicle (PSV)

DVSA PSV112p age 3 of 5

October 2019","1. https://assets.publishing.serv ice.gov.uk/government/uploads/

system/uploads/attachment_data

/file/839674/Report-an-incident- or-collision-involving-a-public-

service-vehicle.pdf",,

57.,"Europe

France,

Switzerland","Federal

Council, Swiss

Government","741.01

Federal Law on Road

Traffic (LCR)","Constat Amiable

D‘ Accident Automobile

European Accident

Statement","1. https://www.smeno.com/file admin/user_upload/constat_ami

able_auto.pdf

https://web.wcc.axa.be/wcc/ SiteCollectionDocuments/ES.P

DF",,

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.,,,,,,,

Mr. Kirtiman Singh, learned Standing Counsel for Central Government; Mr. Rahul Mehra, learned Standing Counsel for Delhi Police; 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.",,,,,,,

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.,,,,,,,

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,,,,,,,

On careful consideration of the Reports of the Committee appointed FAO 842/2003 Page 52 of 62 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.,,,,,,,

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.",,,,,,,

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.",,,,,,,

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) inF orm - 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 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’sF orm - 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.,,,,,,,

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 inF orm - 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) iFn orm - 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.",,,,,,,

The flowchart of this Scheme is given in Form - II which is reproduced hereunder:,,,,,,,

FLOW CHART OF SCHEME FOR MOTOR ACCIDENT CLAIMS,,,,,,,

57da3675-e449-49cf-a978-fde375ddb425.jpg,,,,,,,

The modified Claims Tribunal Agreed Procedure formulated by this Court in Rajesh Tyagi â€" 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.",,,,,,,

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.,,,,,,,

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.,,,,,,,

Delhi Police as well as the Insurance Companies shall file monthly 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.,,,,,,,

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.,,,,,,,

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.,,,,,,,

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 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.,,,,,,,

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.,,,,,,,

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.",,,,,,,

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.,,,,,,,

On 03rd July, 2015, this Court noted that the appointment of 33 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.,,,,,,,

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,,,,,,,

S. No.,CONTENTS,"Page

No.",,,,,

1.,Investigation of Road Accidents by Police,9,,,,,

2.,"Form-I-First Accident Report (FAR) to be submitted by the Investigating

Officer to the Claims Tribunal within 48 hours",9,,,,,

3.,"Form-II-Rights of Victim(s) and Flow Chart of this Scheme to be

furnished by the Investigating Officer to the Victim(s) within 10 days",10,,,,,

4.,"Form-III-Driver’s Form to be submitted by the driver to the

Investigating Officer within 30 days",10,,,,,

5.,"Form-IV-Owner’s Form to be submitted by the owner to the

Investigating Officer within 30 days",10,,,,,

6.,"Form-V-Interim Accident Report (IAR) to be submitted by the

Investigating Officer to the Claims Tribunal within 50 days",11,,,,,

7.,"Verification of the Driver’s Form and Owner’s Form by the

Investigating Officer as well as the Insurance Company",11,,,,,

8.,"Form-VIA-Victim’s Form to be submitted by the Victim(s) to the

Investigating Officer within 60 days",12,,,,,

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",12,,,,,

10.,Verification of the Victim’s Form by the Insurance Company,13,,,,,

11.,"Investigation of the criminal case to be completed by the police within 60

days of the accident",13,,,,,

12.,"Form-VII-Detailed Accident Report (DAR) to be submitted by the

Investigating Officer before the Claims Tribunal within 90 days",13,,,,,

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

(DSLSA)",14,,,,,

14.,Investigating Officer to seek necessary directions from the Claims Tribunal,14,,,,,

15.,Extension of time to file IAR and DAR,14,,,,,

16.,"Examination of FAR, IAR and DAR by the Claims Tribunal",15,,,,,

17.,"Duty of the Investigating Officer to produce the driver(s), owner(s),

claimant(s) and eye witness(es) before the Claims Tribunal",15,,,,,

18.,"In case of an un-insured vehicle, the offenders to be prosecuted under

Section 196 of the Motor Vehicles Act",16,,,,,

19.,"In case of fake driving licence/permit/fitness/insurance policy, appropriate

action to be taken in accordance with law",16,,,,,

20.,Un-insured vehicle not to be released to the owner,16,,,,,

21.,Duties of Police shall be construed to be part of State Police Act,17,,,,,

22.,"Duty of the Registration Authority to verify the documents within 15 days

of the application",17,,,,,

23.,"Duty of the Hospital to issue MLC and Post-Mortem Report within 15 days

of the accident",17,,,,,

24.,"Claims Tribunal shall treat DAR as a claim petition for compensation under

Section 166(4) of the Motor Vehicles Act",17,,,,,

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",18,,,,,

26.,"Duty of the Insurance Companies to appoint a Nodal Officer and intimate

the Delhi Police",19,,,,,

27.,"Duty of the Insurance Company to appoint a Designated

Officer within 10 days of the receipt of the first intimation of the accident",19,,,,,

28.,Duty of the Insurance Company to verify the claim,19,,,,,

29.,"Form-XI-Insurance Form to be submitted by the Insurance Company

before the Claims Tribunal within 30 days of DAR",20,,,,,

30.,"Consent award to be passed where claimant(s) accepts the offer of

Insurance Company",20,,,,,

31.,"Claimant(s) to respond to the offer of the Insurance Company within 30

days",21,,,,,

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",21,,,,,

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",21,,,,,

34.,Duty of the Claims Tribunal to elicit the truth,22,,,,,

35.,"Direction to the claimant(s) to open savings bank account near the place of

their residence in a nationalized bank",22,,,,,

36.,Examination of the claimant(s) before passing of the award,23,,,,,

37.,"Form - XIII and XIV - Written submissions to be filed by the parties

before the Claims Tribunals",24,,,,,

38.,Deposit of the award amount,24,,,,,

39.,Disbursement of the award amount,25,,,,,

40.,Protection of the award amount,25,,,,,

41.,"Form â€" XVII - Claims Tribunal shall deal with the compliance of the

provisions in the award",27,,,,,

42.,Claims Tribunal shall fix a date for reporting compliance,27,,,,,

43.,"Copy of the DAR as well as the award to be sent to the concerned

Metropolitan Magistrate",28,,,,,

44.,"Copy of the award to be sent to the Delhi State Legal Services Authority

(DSLSA)",29,,,,,

45.,Form â€" XVIII - Record of awards of the Claims Tribunal,29,,,,,

46.,"Form â€" XII- Victim Impact Report (VIR) to be filed by Delhi State

Legal Services Authority (DSLSA)b efore the Metropolitan Magistrate

within 30 days of the conviction.",29,,,,,

FORM No X.,Verification report,76,,,,,

FORM No XI.,Insurance form,78,,,,,

FORM No XII.,Victim Impact Report (VIR),83,,,,,

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

cases to be incorporated in the award",100,,,,,

FORM No XVI.,"Summary of the computation of award amount in

injury cases to be incorporated in the award",102,,,,,

FORM No

XVII.","Compliance of the provisions of the Scheme to be mentioned in

the award",105,,,,,

FORM No

XVIII.","Format of record of awards to be maintained by the

Claims Tribunal",107,,,,,

FORM No XIX.,"Motor Accident Claims Annuity Deposit

(MACAD) scheme",108,,,,,

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).,,,,,,,

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.",,,,,,,

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.,,,,,,,

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.",,,,,,,

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; 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.,,,,,,,

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.,,,,,,,

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 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.,,,,,,,

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.,,,,,,,

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.",,,,,,,

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 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.,,,,,,,

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.,,,,,,,

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.,,,,,,,

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.,,,,,,,

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.,,,,,,,

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.,,,,,,,

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.",,,,,,,

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.,,,,,,,

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.,,,,,,,

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.,,,,,,,

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 â€"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.,,,,,,,

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,,,,,,,

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.,,,,,,,

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.,,,,,,,

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 Local Commissioner, if the Insurance Company is willing to bear the",,,,,,,

fees of the Local Commissioner.,,,,,,,

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.,,,,,,,

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 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.,,,,,,,

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 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.,,,,,,,

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.,,,,,,,

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 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.,,,,,,,

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 Formâ€"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.,,,,,,,

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",,,,,,,

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 of the

Offending Vehicle known",□ Yes □ No,,,,,

,"Whether offending vehicle impounded

by the police",□ Yes,□ No,,,,

,"Whether the driver of the offending

vehicle found on the spot",□ Yes,□ No,,,,

,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

Footage

If yes, CCTV Footage be

preserved and be filed with DAR",□ Yes,,□ No,,,

8.,"Details of Owner(s), Driver(s) and Insurance of the Vehicle(s)",,,,,,

,Details,"Vehicle 1

(Offending

vehicle)",,Vehicle 2,,,

,Vehicle Details,,,,,,

,Vehicle Registration No.,,,,,,

,Driver Details,,,,,,

,Name of the Driver,,,,,,

,Address of Driver,,,,,,

,Mobile No. of Driver,,,,,,

,Owner Details,,,,,,

,Name of the Owner,,,,,,

,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),,,,,,,

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,,,,,,,

Right to immediate medical aid and treatment.,,,,,,,

Right to copy of FIR.,,,,,,,

Right to copy of First Accident Report (FAR) in Form - I.,,,,,,,

Right to copy of Rights of Victim and Flow Chart of this Scheme in Form -II.,,,,,,,

Right to copy of Driver’s Form-III along with the documents.,,,,,,,

Right to copy of Owner’s Form-IV along with the documents.,,,,,,,

Right to copy of Interim Accident Report (IAR) in Form-V along with the documents.,,,,,,,

Right to blank copy of format of Victim’s Form-VIA and Form-VIB.,,,,,,,

Right to copy of Detailed Accident Report (DAR) in Form-VII along with the documents.,,,,,,,

Right to copy of Insurance Form-XI.,,,,,,,

Right to copy of Report under Section 173 Cr.P.C.,,,,,,,

Right to copy of Victim Impact Report in Form-XII.,,,,,,,

Right to copy of MLC and Post-Mortem Report.,,,,,,,

Right to free legal aid from Delhi State Legal Services Authority.,,,,,,,

Right to appear before the Claims Tribunal in person or through lawyer.,,,,,,,

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.,,,,,,,

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.",,,,,,,

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).,,,,,,,

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 care of the child, as",,,,,,,

provided under the Juvenile Justice (Care and Protection of Children) Act, 2015.",,,,,,,

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 : _________________,,,,,,,

FLOW CHART OF SCHEME FOR MOTOR ACCIDENT CLAIMS,,,,,,,

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)",,,,,

8.,Driving Licence No.,,,,,,

9.,Period of Validity of Licence,,,,,,

10.,Licensing Authority,,,,,,

11.,Vehicle Registration No.,,,,,,

12.,Vehicle Type,,,,,,

1.,Vehicle Details,,,,,,

,Name,,,,,,

,Father’s Name,,,,,,

,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)",,,,,

,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,,,,,,

,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 the

accident to the Insurance

Company",□ Yes □ No,,,,,

,,,,,,,

,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,,,,,,

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,,,,,,

,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)",,,,,,

(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 driver/owner have been verified.

If yes, attach the Verification Report.",□ Yes □ No,,,,,

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 o f the offending

vehicle",,,,,,

6.,Owner Details,,,,,,

,Name,,,,,,

,Address,,,,,,

7.,Driver Details,,,,,,

,Name,,,,,,

,Address,,,,,,

8.,Insurance Details,,,,,,

,Policy No.,,,,,,

,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 to

Income Tax

If yes, file the copy of Income Tax Returns for

the last three years",□ Yes □ No,,,,,

19.,"Whether the deceased was the sole earning

member of the family",□ Yes □ No,,,,,

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 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 LegalR epresentatives of the

deceased",,,,,,

,Name,"Age /

DOB",Gender,Relation,,"Marital

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),,,,,,,

24.,In case of children below the age of 18 years,,,,,,

,Name of Child,"Details of

school

and

class of

the

child","Annual

School fee",,"Approximate

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

Income Tax

If yes, file the copy of Income Tax Returns for

the last three years",,□ Yes □ No,,,,

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

If yes, give details",,□ Yes □ No,,,,

41.,Details of the family of the Injured,,,,,,

,Name,"Age /

DOB",Gender,,Relation,,

(i),,,,,,,

(ii),,,,,,,

(iii),,,,,,,

(iv),,,,,,,

(v),,,,,,,

(vi),,,,,,,

42.,In case of children below the age of 18 years,,,,,,

,Name of Child,"Details of

school and

class of the

child",,"Annual

School

fee",,"Approximate

expenditure of

the 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 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",,□ Yes □ No,,,,

45.,"Value of loss/ damage to the

property",,,,,,

46.,Any additional information,,,,,,

47.,Brief description of the accident,,,,,,

48.,Compensation claimed,,,,,,

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

member",,,,,,

12.,"Whether the child is

Differently abled:

If yes, give details",,,,,,

13.,"P r e s e n t 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,,,,,,

,"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 Cost involved

in long term medical

treatment",,,,,,

22.,"Diet and nutrition

expenses",,,,,,

,,,,,,,

,,,,,,,

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",,,,,

,,"□ 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

verified from the Authority.

If yes, attach report

If no, give reasons",□ Yes □ No,,,,,

10.,"Whether Driving Licence

suspended/cancelled

If yes, give details",□ Yes □ No,,,,,

11.,"Whether driver injured

during the accident

If yes, give details",□ Yes □ No,,,,,

12.,Vehicle was driven by,"□ Owner □ Paid Driver

□ Others (Specify)",,,,,

13.,"Whether the driver was

driving under the influence of

alcohol/drugs

Whether findings based on

scientific report. If yes, give

details",□ Yes □ No,,,,,

14.,"Whether driver carrying

mobile phone at the time of

accident

If yes, give details of Mobile",□ Yes □ No,,,,,

,Mobile No.,,,,,,

,IMEI No.,,,,,,

,Make & Model,,,,,,

15.,"Whether driver previously

involved in motor accident

case(s)

If yes, whether case pending

or decided by MACT? Give

details of the FIR and MACT

case",□ Yes □ No,,,,,

16.,In case of commercial vehicle,,,,,,

,Permit details,,,,,,

,Fitness details,,,,,,

17.,"Whether Permit and Fitness

have been verified from the

Authority

If yes, attach report

If no, give reasons",□ Yes □ No,,,,,

18.,"Whether the owner reported

the accident to the Insurance

Company

If yes, give date",□ Yes □ No,,,,,

19.,"In case the driver fled from

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.",□ Yes □ No,,,,,

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,,,,,,

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,,,,,,

,"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 wayâ€​,,,□,

(n),"Section

194(1A)/RRR29",,Carrying High/Long Load,,,□,

(o),Section 184/RRR6,,Violation of “No overtakingâ€​,,,□,

(p),"Section 177/CMVR

105",,Without light after sunset,,,□,

(q),Section 179,"Disobedience of orders, obstruction and

refusal of information",,,,,□

(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 & 134",,,,,□

(w),Section 190,Using vehicle in unsafe condition,,,,,□

(x),Section 194A,"Carrying more passengers than

authorised",,,,,□

(y),"Section 194B/ CMVR

138(3)",Driving without a safety belt,,,,,□

(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,,,,,,

31.,Detailed description of the Accident,,,,,,

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

documents submitted",Form,along,with,,,

(v),"Form-IV - Owner’s

documents submitted",Form,along,with,,,

(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,,,,,,

(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",,,,,,

1.,Date of preparation of site plan,,,,,,

2.,"Type of collision

(collision from)","□ Hit from back

□ Vehicle to pedestrian

□ 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,,,,,,

7.,"Detailed Site Plan with road and junction name, direction and location of vehicle(s

on the road",,,,,,

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,,,,,,

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

functional",□ Yes □ No,,,,,

18.,"Whether vehicle had faulty

number plate",□ Yes □ No,,,,,

19.,Status of Airbags,,,,,,

,"Whether the vehicle fitted with

airbags",□ Yes □ No,,,,,

,"If yes, whether airbags were

deployed",□ Yes □ No,,,,,

20.,"F o r 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

glasses",□ Yes □ No,,,,,

22.,Speed Limiter Devices in cases of PSVs (Commercial Vehicles),,,,,,

,Whether vehicle fitted with,□ Yes □ No,,,,,

,Speed Limiter,,,,,,

,"If yes, whether functional",□ Yes □ No,,,,,

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,,,,,,

,Permit No.,,,,,,

,Validity,,,,,,

9.,Details of Fitness Certificate,,,,,,

,Fitness Certificate No.,,,,,,

,Validity,,,,,,

10.,"I n case record not

available, state reasons",,,,,,

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",,,,,,

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

within 30 days of receipt of DAR If

not, give reasons for delay",□ Yes □ No,,,,,

DEATH CASE,,,,,,,

16.,Name of the deceased,,,,,,

17.,Age of the deceased,,,,,,

18.,Occupation,,,,,,

19.,Monthly Income,,,,,,

20.,Details of Legal Representatives of the deceased,,,,,,

,,,,,,,

,Name,Relationship,Age,,,,

(i),,,,,,,

(ii),,,,,,,

(iii),,,,,,,

(iv),,,,,,,

(v),,,,,,,

(vi),,,,,,,

21.,Computation of compensation,Amount in Rs.,,,,,

,,,,,,,

,Add-Future Prospects (B),,,,,,

,"Less-Personal expenses of the

deceased (C)",,,,,,

,"Monthly loss of dependency

[(A+B) â€" 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)",,,,,,

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,,,,,,

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,,,,,,

8.,Age,,,,,,

9.,Gender,,,,,,

10.,Marital status,,,,,,

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),,,,,,,

(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) â€" 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,,,,,,