Satya Prakash vs State

J.R. Midha, J.—Mr. Sidharth Luthra, learned Amicus Curiae submits that vide order dated 12th December, 2014 in Rajesh Tyagi v. Jaibeer Singh, FAO 842/2003 and Sobat Singh v. Ramesh Chander Gupta, MAC APP.442/2009, this Court has directed the police to submit Detailed Accident Report (DAR) with the Claims Tribunal with a copy to the concerned Metropolitan Magistrate within 30 days of the accident. The Detailed Accident Report has to be in Form II of the Detailed Accident Report. It is submitted that Detailed Accident Report approved by this Court in its order dated 12th December, 2014 takes care of all the relevant clauses of the Victim Impact Report and therefore, the order dated 11th October, 2013 requiring the police to file the Victim Impact Report be modified. The learned Standing Counsel for Delhi Police submits that the police would be filing the Detailed Accident Report in Form II of the Modified Claims Tribunal Agreed Procedure with the Claims Tribunal with a copy to the concerned Metropolitan Magistrate in all road accident cases. Form II of the Modified Claims Tribunal Agreed Procedure is reproduced hereunder:

"FORM- II

DETAILED ACCIDENT REPORT" (DAR) PART I PARTICULARS OF THE ACCIDENT

S.No.-Particulars

FIR No., date and under Section

Name of the Police Station

Offences as per report under Section 173, Cr.P.C.

Date, time and place of accident

Who reported the accident to the Police?

(Give name, address and contact no.)

(a) Driver/Owner

(b) Victim

(c) Witness

(d) Hospital/Medical facility

Name of the person who took the victim to the hospital, name of the hospital and at what time.

Whether any hospital denied treatment to the victim?

Nature of the accident:

(a) Whether resulted in death or injury or both?

(b) Number of persons injured/died

Particulars of the offending vehicle(s)

Number of persons in the offending vehicle(s)

Whether the victim was:

(a) Pedestrian/bystander

(b) Cyclist

(c) Scooterist

(d) Travelling in a vehicle. If so, whether at driving seat, back seat, front seat, side car, travelling at rear guard cargo area, etc.

(e) Victim''s vehicle No.

(f) No. of persons in the victim''s vehicle

Name and contact No. of the Investigating Officer

Names of witnesses of the accident

Brief description of the accident

PART II SITE PLAN

Date of preparation of the Site Plan

Site Plan shall indicate:

(i) Place of accident

(ii) Position of vehicle(s)

(iii) Position of victim(s)

(iv) Skid marks

(v) Road--Whether one way or two way?

(vi) Lane in which the accident took place

(vii) Permissible speed limit on the road at the site of the accident

(viii) Whether traffic control such as presence of police officer, road markings, warning sign, stop sign were there?

(ix) Location of zebra crossing or pedestrian zone

(x) Whether near traffic lights? If so, whether functional?

(xi) Distance of speed breakers, if any, from the spot of accident

(xii) Width and type of road--national highway/city road/expressway/rural road, etc.

(xiii) Direction of the vehicle(s):

(a) Same direction (rear end)

(b) Same direction (side swipe)

(c) Right angle

(d) Opposite direction (angular)

(e) Opposite direction side swipe

(f) Struck parked vehicle

(g) Left turn

(h) U-turn reversing.

(xiv) Directions of movement of the Vehicle

(a) North

(b) East

(c) South

(d) West

(xv) Road Divided by

(a) Barrier Median

(b) Curbed Median

(c) Grass Median

(d) Painted Median

(e) None

(xvi) Light Condition

(a) Daylight

(b) Dusk

(c) Dark (No Street Lights)

(d) Dark (Street Lights On, Spot)

(e) Dawn

(f) Dark (Street Lights Off)

(g) Dark (Street Lights On, Continuous)

(xvii) Visibility/Environmental Condition

(a) Clear

(b) Fog/Smog/Smoke

(c) Snow

(d) Severe Crosswinds

(e) Rain

(f) Blowing Sand or Dirt

(g) Sun Glare

(xviii) Road Character

(a) Straight and Level

(b) Straight and Grade

(c) Straight and Hillcrest

(d) Curve and Level

(e) Curve and Grade

(f) Curve and Hillcrest

(g) Under construction/maintenance

(xix) Road Surface Type

(a) Concrete

(b) Blacktop

(c) Gravel

(d) Steel Grid

(e) Dirt

(f) Pot Holes

(g) Cave in

(h) Construction Material on Road

(xx) Road Surface Condition

(a) Dry

(b) Wet

(c) Snowy

(d) Water (standing/moving)

(e) Sand, mud, dirt

(f) Oil

(xxi) Airbag Deployment

(a) Front

(b) Side

(c) Multiple

(d) None

(xxii) Ejection from Vehicle

(a) Not ejected

(b) Ejected

(c) Partial Ejection

(d) Trapped

(xxiii) Temporary Traffic Zone

(a) None

(b) Construction Zone

(c) Maintenance Zone

(d) Utility Zone

(e) Incident Zone

(xxiv) Total Number of entities involved in the crash

Crash Type:

With other motor vehicle as first event:

(a) Same Direction (Rear End)

(b) Same Direction (Slide Sweep)

(c) Right Angle

(d) Opposite Direction (Hereon, Angular)

(e) Opposite Direction (Slide Sweep)

(f) Struck Parked Vehicle

(g) Left Turn/U Turn

(h) Backing

(i) Encroachment

With below as first event:

(a) Overturn

(b) Fixed Object

(c) Animal

(d) Pedestrian

(e) Pedal Cyclist

(f) Non-fixed Object

(g) Railcar Vehicle

PART-III PARTICULARS OF THE DRIVER(S)

(In case of more than one driver, submit separate Part III for each driver)

Name, address and contract No. of the driver

Age

Gender

Education

Occupation

Family

Income (monthly)

Account No. with name and address of the Bank in which the driver is maintaining his account

Driving licence:

(a) Driving Licence No.

(b) Whether learner licence?

(c) Period of validity

(d) Issued by

(e) Class of vehicle

(f) Whether licence suspended or cancelled?

In case of learner''s licence:

(a) Whether driving under supervision?

(b) Whether driving with lapsed learner licence?

Whether driver is the owner/paid driver/otherwise?

Whether driving with the knowledge/consent of the owner?

Whether driving under influence of liquor/drugs? Whether finding based on scientific report?

(a) Whether the driver reported the accident to the police/family of the victim?

(b) Whether the driver took the victim to the hospital?

(c) Whether the driver visited the victim at the hospital?

(d) Whether the driver remained at the spot till arrival of the police?

(e) Whether the driver did not remove the offending vehicle from the spot till the arrival of the police?

(f) Whether the driver paid compensation/medical compensation to the victim/his family?

(g) Whether the driver cooperated in investigation?

(h) Whether the driver also suffered injuries in the accident?

(i) Whether discharged duty under Sections 132 and 134 of the MV Act, 1988?

(j) If not, whether the driver has been prosecuted under Section 187 MV Act, 1988?

Whether the driver fled from the spot? If so, the date on which he appeared before the Police/Court or was arrested?

Any other relevant information relating to the driver

PART-IV PARTICULARS OF THE OFFENDING VEHICLE(S)

(In case of more than one vehicle, submit separate Part IV for each vehicle)

(a) Registration No.

(b) Colour

(c) Make

(d) Model

(e) Year

(f) Engine No.

(g) Chassis No.

(h) Address of the Registering Authority

(i) Private or Commercial (public service vehicle, goods carriage/educational institution bus)

Name, address, occupation and contact number of the owner:

(a) In case of company, person in-charge in terms Section 199 of the MV Act, 1988

(b) In case of sale of the vehicle, give particulars of the purchaser and date of transfer

In case of commercial vehicle:

(a) Particulars of fitness

(b) Particulars of permit

Whether driver employed on monthly or daily basis? Attach the proof of employment of driver such as appointment letter, salary slip, duty register or other relevant documents.

In case the driver fled from the spot, did the owner produce the driver before the police? If so, when? Attach the copy of the notice under Section 133, MV Act, 1988 and its reply.

Whether the owner reported the accident to the Insurance Company? If so, when?

Whether the owner co-operated in the investigation?

(a) Whether the owner discharged his duties under Sections 133 and 134, MV Act, 1988?

(b) If so, whether the owner prosecuted under Section 187, MV Act, 1988?

In the case of unnsured vehicle:

(a) Whether the owner/driver prosecuted under Section 196 of the MV Act, 1988?

(b) Whether the owner/driver made payment of compensation to the victim or his family? Give particulars, if available.

PART-V PARTICULARS OF THE INSURANCE OF THE VEHICLE(S)

Policy Number

Period of policy.

Issued by (give name and address of the Insurance Company).

Nature of policy i.e. Third Party or comprehensive.

Name, address and contact number of the Designated Officer of the Insurance Company

Date of intimation of the accident by the Investigating Officer to the Insurance Company

Date of appointment of the Designated Officer by the Insurance Company.

Account No. with name and address of the Bank in which the Insurance Company is having its account

PART-VI MECHANICAL INSPECTION OF ALL VEHICLES INVOLVED IN THE ACCIDENT

Name and qualification of the Mechanical Officer

Date of mechanical inspection of the vehicle(s)

Date of mechanical inspection report(s)

Whether the mechanical inspection report is in terms of Annexure ''A'' If no, give reasons thereof.

Whether any delay in mechanical inspection or submitting report? If so, give reasons thereof.

PART-VII IMPACT OF THE ACCIDENT ON THE VICTIM(S)

(In case of more than one victim, submit separate Part VII for each victim)

Death Cases:

(a) Name and address of the deceased

(b) Age

(c) Gender

(d) Education

(e) Occupation

(f) Income (monthly)

(g) Legal heirs/Guardian:

(i) Name

(ii) Relationship

(iii) Age

(iv) Address

(v) Contact No.

Injury Cases:

(a) Name and address of injured

(b) Age

(c) Gender

(d) Education

(e) Occupation

(f) Income (monthly)

(g) Details of family/dependents of the victim.

(h) MLC No.

(i) Nature of injuries

(j) Name of hospital(s) where injured treated?

(k) Whether victim refused medical treatment

(l) Period of hospitalization

(m) Period of treatment

(n) Whether treatment continuing

(o) Name, address and contact number of the doctor(s) who treated the injured.

(p) Whether injured underwent any surgery(s)? If so, give particulars.

(q) Whether suffered any permanent disability? If yes, give details

(r) Expenditure incurred on treatment, conveyance, special diet, attendant, etc. Give details, if available.

(s) Whether the injured got reimbursement of medical expenses from his employer or under a mediclaim policy. Give details, if available.

(t) Whether the injured provided cashless treatment by the Insurance Company? Give details, if available

Any other relevant information.

PART-VIII APPARENT CONTRIBUTING CIRCUMSTANCES

Driving without valid driving licence

Driving while disqualified

Learner driving without supervision

Vehicle not insured

Driving a stolen vehicle

Vehicle taken out without the consent of the owner

Driving dangerously or at excessive speed

Under influence of liquor or drugs. Give quantity/parameters/recovery, if available

Dangerously loaded vehicle

Parking on the wrong side of the road

Parking at prohibited places

Non-observance of traffic rules

Poorly maintained vehicle

Fake/forged driving licence

Previous conviction(s)/past history of bad driving

Driving Aggressively:

(a) Jumped red light

(b) Abrupt braking.

(c) Neglected to keep to the left of the road

(d) Driving criss-cross

(e) Driving too close to the vehicle in front

(f) Persistent inappropriate attempts to overtake

(g) Cutting in after overtaking

(h) Racing/competitive driving

(i) Crossing speed limit

(j) Disregarding any warnings

(k) Driving on the wrong side

(l) Overtaking where prohibited

(m) Driving with loud music

(n) Improper reversing

(o) Improper passing

(p) Improper turning

(q) Driving in no entry hours

(r) Not slowing down at crossing/road junction

(s) Turning without indication

(t) Not respecting stop sign on road surface

(u) Not respecting right of way to pedestrian

(v) Using mobile phone while driving

Irresponsible behaviour:

(a) Failing to stop after accident

(b) Ran away from the spot after leaving the vehicle

(c) Destruction or attempt to destroy the evidence

(d) Falsely claiming that one of the victims was responsible for the accident

(e) Trying to throw the victim off the bonnet of the vehicle by swerving in order to escape

(f) Causing death/injury in the course of dangerous driving post commission of crime or chased by police in an attempt to avoid detection or apprehension.

(g) Offence committed while the offender was on bail.

(h) Misled the investigation

(i) Post accident road rage behaviour, give details.

Any other contributing factor

PART-IX OTHER OFFENCES COMMITTED AT THE SAME TIME

(a) Sections 3/181--Driving without license

(b) Sections 4/181--Driving by minor

(c) Sections 5/181--Allowing unauthorized person to drive

(d) Sections 56/192--Without fitness

(e) Sections 66(1)/192A--Without permit

(f) Sections 112/183(1)--Over speed

(g) Sections 113/194--Over loading

(h) Sections 119/177--Jumping red light

(i) Sections 119/277--Violation of mandatory signs (One way, No right turn, No left turn)

(j) Sections 122/177--Improper obstructive parking

(k) Sections 146/196--Without insurance

(l) Section 177/RRR17(1)--Violation of "One way"

(m) Section 177/RRR 29--Carrying High/Long Load

(n) Section 177/CMVR 138(3)--Not using seat belt

(o) Section 177/RRR6--Violation of "No overtaking"

(p) Section 177/CMVR 105--Without light after sunset

(q) Section 179--Misbehaviour with police officer

(r) Section 184--Driving dangerously

(s) Section 184--Using mobile phone while driving

(t) Section 185--Drunken driving/under influence of drugs

(u) Section 187--Violation of Sections 132(1)(c), 133 and 134

(v) Any other offence

PART-X DIRECTIONS REQUIRED FROM CLAIMS TRIBUNAL

The driver(s) involved in the accident have not furnished information mentioned in para(s)................[para(s) 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 41(b) of Part III] and the documents mentioned in para(s)................[para(s) 91, 92, 93, 94, 95, 96, 97 of Part XI].

The driver(s) may be directed to furnish the requisite information on affidavit along with the original documents before the Claims Tribunal. (Copy of the letter demanding the information/documents be attached)

The owner(s) of the vehicles involved in the failed to furnish the information mentioned in para(s)................[para(s) 34, 35, 36, 38, 40 and 41(b)] of Part IV and have not produced the documents mentioned in para(s)................ [para(s) 92, 93, 94, 95, 96 and 97] of Part XI.

The owner(s) may be directed to disclose the requisite information on affidavit along with the original documents before the Claims Tribunal. (Copy of the letter demanding the information/documents be attached)

The Insurance Company has failed to disclose information para(s)................ [para(s) 46, 47, 48, 49] of Part V.

The Insurance Company may be directed to disclose the requisite information on affidavit along with the original documents before the Claims Tribunal. (Copy of the letter demanding the information/documents be attached)

The claimant(s) have failed to disclose the information mentioned in para(s)____[para(s) 55 and 56] of Part VII and the documents mentioned in para(s)____[para(s) 101 and 102] of Part XI.

The claimant(s) may be directed to disclose the requisite information on affidavit along with the original documents before the Claims Tribunal. (Copy of the letter demanding the information/documents be attached)

The registration authority have failed to verify documents (registration certificate, driving licence, fitness and permit) within 15 days of the application in terms of Clause 5 of the Modified Claims Tribunal Agreed Procedure and, therefore, necessary directions be issued to the registration authority to produce the same before the Claims Tribunal. (Copy of the letter demanding the information/documents be attached)

82................. Hospital has failed to issue (MLC/Post Mortem Report) within 15 days of the accident in terms of Clause 6 and, therefore, the necessary directions be issued to the Hospital to produce the same before the Claims Tribunal. (Copy of the letter demanding the information/documents be attached)

Specify any other direction that may be necessary.

PART-XI RELEVANT DOCUMENTS TO BE ATTACHED

First Information Report

Site plan in terms of Para 16

Photographs of the scene of accident from all angles.

Photographs of all the vehicles involved in the accident from all angles

Photograph and admitted signature of the driver(s) of the offending vehicle(s)

Photograph and specimen signature of the owner(s) of the offending vehicle

Mechanical Inspection Report in format of Annexure-A

Driving license of the driver

Proof of employment of driver such as appointment letter, salary slips, duty register etc.

Registration certificate of the offending vehicle(s)

In case of transfer of vehicle, sale documents, possession letter or any other document relating to transfer, if any

Insurance Policy of the offending vehicle(s)

Permit (for commercial vehicle)

Fitness Certificate (for commercial vehicle)

Report under Section 173, Cr.P.C.

Statements of the witnesses recorded by the police

Scientific report, if the driver was under the influence of liquor/drugs

In case of Death

(a) Post-Mortem Report

(b) Death Certificate

(c) Photograph and proof of the identity of the dead

(d) Proof of age of the deceased which may be in form of:

(i) Birth Certificate

(ii) School Certificate

(iii) Certificate from Gram Panchayat (in case of illiterate)

(e) Proof of occupation and income of the deceased which may be in form of:

(i) Pay slip/salary certificate for salaried employees

(ii) Bank statements of the last six months

(iii) Income Tax Returns

(iv) Balance Sheets

(f) Proof of the legal representatives of the deceased

(i) Names

(ii) Age

(iii) Address

(iv) Relationship

(v) Contact No.

(g) Photographs, specimen signatures attested by the bank and identity proof of the legal representatives of the deceased

(h) Treatment record, medical bills and other expenditure

(i) Bank Account No. of the legal representatives of the deceased with name and address of the bank

In case of Injury

(a) MLC

(b) Multi angle photographs of the injured

(c) Photographs, specimen signatures attested by the bank and identity proof of the injured

(d) Proof of age of the injured which may be in form of:

(i) Birth certificate

(ii) School certificate

(iii) Certificate from Gram Panchayat (in case of illiterate)

(e) Proof of occupational income of the injured at the time of the accident which may be in form of:

(i) Pay slip/salary certificate for salaried employees.

(ii) Bank statements of the last six months of the deceased.

(iii) Income Tax Returns

(iv) Balance Sheets

(f) Treatment record, medical bills and other expenditure--In case of long term treatment, the SHO/IO shall also record the details so that the claimant may furnish documents before the Claims Tribunal.

(g) Disability certificate

(h) Proof of absence from work where loss of income on account of injury is being claimed, which may be in the form of:

(i) Certificate from the employer

(ii) Extracts from the attendance register

(i) Proof of reimbursement of medical expenses by employer or under a Mediclaim policy, if taken

Copy of the letter of the Investigating Officer demanding the relevant information/documents from the driver as mentioned in para 77 above

Copy of the letter of the Investigating Officer demanding the relevant information/documents from the owner as mentioned in para 78 above

Copy of the letter of the Investigating Officer demanding the relevant information/documents from the Insurance Company as mentioned in para 79 above

Copy of the letter of the Investigating Officer demanding the relevant information/documents from the claimants as mentioned in para 80 above

Copy of the letter of the Investigating Officer demanding the relevant information/documents from the registration authorities as mentioned in para 81 above

Copy of the letter of the Investigating Officer demanding the relevant information/documents from the hospital as mentioned in para 82 above

Any other relevant document(s)

VERIFICATION

Verified at................ on this................ of................, that the contents of the above report are true and correct as per information and documents gathered during investigation.

Station House Officer

(Name and Stamp)

Assistant Commissioner of Police

(Name and Stamp)

ANNEXURE ''A'' TO DETAILED ACCIDENT REPORT (DAR)

FORMAT OF THE MECHANICAL INSPECTION REPORT

(Submit separate Mechanical Inspection Report for each vehicle)

Case FIR No

Under Section

Police Station

Registration No. of the vehicle

Make, Model Name, Colour and Type of Vehicle

In case of HTV/MGV/LGV

(a) Whether Lateral Under Run Protective Device (LUPD) and Rear Under Run Protective Device (RUPD) installed? (For vehicle weighing 3.5 tons or more)

(b) Whether speed governor installed and functional or otherwise?

In case of commercial vehicle:

(a) Particulars of fitness

(b) Particulars of permit

Point of impact and damage

Mechanical condition of the vehicle

Paint marks (if any)

Condition of braking system i.e. working or not?

Whether the vehicle fitted with Anti-lock Braking System (ABS)?

(a) If yes, whether it is functioning or not?

(b) Whether trials regarding skid marks of ABS fitted vehicle have been carried out to estimate the speed of the vehicle

Whether vehicle modified by

(a) Installing CNG/LPG Kit

(b) Change of vehicle body

Condition of tyres--whether original or retreaded?

Whether horn was installed and functional?

Whether the brake lights and other lights functional?

Condition of safety bags in the vehicle

Whether the vehicle properly maintained?

Whether the vehicle had faulty number plate?

Whether the vehicle had tinted glasses?

If the vehicle was educational institution bus, whether the vehicle was fitted with the doors that can be shut and whether the vehicle had a suitable inscription to indicate that they are in the duty of an educational institute, as per the guidelines laid down in M.C. Mehta Vs. Union of India (UOI) and Others, and M.C. Mehta Vs. Union of India and Others, ?

Details of damage on the vehicle

Mechanical Officer

(Name and Stamp)

SHO

Date (Name and Stamp)"

This Court is satisfied that the Detailed Accident Report in Form II of the modified Claims Tribunal Agreed Procedure appended to the order dated 12th December, 2014 in Rajesh Tyagi v. Jaibeer Singh (supra) and Sobat Singh v. Ramesh Chander Gupta (supra), takes care of all the relevant clauses of the Victim Impact Report and, therefore, paras 94 and 98 of the order dated 11th October, 2013 requiring the police to file the Victim Impact Report in road accident cases are hereby recalled on the condition that the police shall file Detailed Accident Report in Form II in all road accident cases before the Claims Tribunal with a copy to the concerned Metropolitan Magistrate within 30 days of the accident.

Since the modified Claims Tribunal Agreed Procedure would be implemented w.e.f. 1st February, 2015, this order shall be effective from 1st February, 2015 meaning thereby that the police shall continue filing Victim Impact Report till 31st January, 2015.

The Joint Commissioner of Police (Traffic) shall ensure that the Detailed Accident Report in Form II of the modified Claims Tribunal Agreed Procedure is filed in all road accident cases w.e.f. 1st February, 2015.

Copy of this order be sent to all the District and Sessions Judges for circulation to all judicial officers. Copy of this order be given dasti to the learned Amicus Curiae, learned Standing Counsel for Delhi Police and Counsel for the petitioner under the signature of the Court Master.