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2009 Supreme(Del) 689

IN THE HIGH COURT OF DELHI AT NEW DELHI
HONBLE MR. JUSTICE J.R. MIDHA, J.

RAJESH TYAGI & ORS. - Appellants
versus
JAIBIR SINGH & ORS. - Respondents
FAO 842/2003
Decided on : 08.06.2009

Advocates appeared:
Through : Mr. A.K. Singh, Adv.
Through : Mr. Manoj R. Sinha, Adv. for R-3.
Ms. Mukta Gupta, Standing Counsel and Mr. Vikas Pahwa, Add. Standing Counsel for Delhi Police.
Mr. V.P. Choudhary, Sr. Adv. and Mr. Anup Bhambhani, amicus curiae.

The central legal point established in the judgment is the strict enforcement of Section 158(6) of the Motor Vehicles Act, detailed requirements for submitting Accident Information Reports, and the involvement of Insurance Companies in the claims process.

Headnote:

Motor Vehicles Act - Compliance with Section 158(6) - Rule 150, Form 54 of Central Motor Vehicle Rules - Summary of Acts and Sections: The court discussed the provisions of the Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1999, particularly focusing on Section 158(6) and Rule 150, Form 54. The court emphasized the strict enforcement of these provisions and outlined additional measures to ensure compliance, including the submission of detailed Accident Information Reports and the involvement of Insurance Companies in the claims process.

Fact of the Case:

The Delhi Police filed an affidavit detailing measures to ensure compliance with the Motor Vehicles Act and Central Motor Vehicle Rules, including the submission of Accident Information Reports and additional information. The police also accepted suggestions from the Amicus Curiae to enhance the reporting process.

Finding of the Court:

The court accepted the Delhi Police's undertaking to enforce Section 158(6) of the Motor Vehicles Act and outlined specific requirements for submitting Accident Information Reports and related documents to the Motor Accident Claims Tribunals and Insurance Companies.

Issues: The court addressed the need for strict compliance with motor vehicle regulations, the submission of comprehensive Accident Information Reports, and the involvement of Insurance Companies in investigating and responding to claims.

Ratio Decidendi: The court emphasized the importance of strict enforcement of Section 158(6) of the Motor Vehicles Act and detailed the specific requirements for submitting Accident Information Reports and related documents, as well as the role of Insurance Companies in the claims process.

Final Decision: The court directed the Delhi Police to strictly enforce the provisions of the Motor Vehicles Act and Central Motor Vehicle Rules, outlining specific requirements for submitting Accident Information Reports and related documents, and involving Insurance Companies in the claims process.

ORDER

1. The DCP (Headquarters) of the Delhi Police has filed the affidavit dated 3rd June, 2009 in which it was stated that a meeting was convened by the Commissioner of Police on 30th May, 2009. It is stated that various steps are being taken to ensure the foolproof compliance of the provisions of the Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1999 and SHOs of all the Police Stations have been directed to comply with Section 158(6) of the Motor Vehicles Act, 1988 read with FAO 842/2003 page 1 of 11 Rule 150 and Form 54 of the Central Motor Vehicle Rules, 1999 and the Joint Commissioners of Police, Deputy Commissioners of Police and Assistant Commissioners of Police have been directed to closely monitor the compliance.

2. It is further stated in the affidavit that Accident Information Reports (Forum 54) as well as other information as per Motor Vehicles Act/Rules is being put on Delhi Police Website www.delpolice.nic.in and the MACTs/Insurance Companies will be able to download these reports from the website. It is further stated that various measures shall be taken as detailed in the Minutes of the Meeting dated 30th May, 2009 for strict enforcement of Section 158(6) of the Motor Vehicles Act. The Commissioner of Police has formulated the following monitoring mechanism:-

(i) Maintenance of a register at police station level indicating the details such as FIR Number, date of dispatch of Form 54 to the learned MACT, etc. A column containing details of information not included in Form 54 along with reasons for its non availability shall also be maintained in the register.

(ii) Delivery of FIR to the Claims Tribunals on the date of registration.

(iii) Entries in red ink in FIR index about date of dispatch of AIR.

(iv) Checking of AIR (Form 54) dispatch records mandatorily during six monthly inspections by Gazetted Officer.

(v) ACsP/SHOs shall forward final reports to the Magistrate only on production of dispatch of AIR (Form 54) to the learned MACT, owner and insurer of the offending vehicle and the victim/his or her family.

(vi) MACT Monitoring Cell headed by Inspector to be set up in each District to monitor delivery of AIR (Form 54) in time.

(vii) Monthly meeting of ACsP, PG Cell, In-charge of MACT Monitoring Cells with the Claims Tribunals.

(viii) Appointment of Naib Court (a police officer) by District DCsP with the Claims Tribunals.

(ix) Review of pendency of AIR (Forms 54) by District DCsP in weekly law and order meeting.

(x) Monitoring of timely delivery of AIR (Form 54) through new computerized system of Police Station.

(xi) Placement of AIR (Form 54) on the website so that it can be downloaded by the Claims Tribunals, Insurance Companies and claimants.

(xii) Installation of checklist boards in SHOs rooms.

(xiii) Establishment of District Cells as pilot project in three districts.

3. The Delhi Police has also examined the suggestions given by the learned Amicus Curiae and has accepted some of the suggestions which are as under:-

(i) Additional information in Accident Information Report.

The names and addresses of the next of kin shall be provided in the Accident Information Report. The information relating to the nature of injuries suffered by the victim, name and addresses of the eye-witnesses and particulars of permit and fitness shall also be provided upon orders of this Court.

(ii) Furnishing of documents along with Accident Information Report.

The Police has no objection in furnishing the documents that are available at the time of filing of the AIR (Form 54). However, the documents which are not available at the time of filing of the AIR, shall be furnished immediately upon being received. It is further submitted that hospitals delay the issuance of MLC and post mortem reports and, therefore, directions may be issued to the hospitals to expedite the issuance of MLC/post mortem report in accident cases.

(iii) Release of offending vehicle on superdari only after driver and owner have produced all the








































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