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IN THE HIGH COURT OF DELHI
J.R. MIDHA, J.
Rajesh Tyagi and Others – Appellants
Versus
Jaibir Singh and Others – Respondents
F.A.O. No. 842 of 2003
Decided On : 07-12-2018
Advocate Appeared:
For the Appellants : Satyam Thareja, Pankaj Gupta.
For the Respondents: Kirtiman Singh, Rahul Mehra, Waize Ali Noor, Lalit Bhasin, Ratna Dhingra, Chandni Sadana, Ajay Pratap Singh, Tushar Sannu, Shoumik Mazumdar, Navneet Kumar, Vikas Bhadana, A.K. Soni, Pavan Kumar, D.K. Nag, Mohd. Sakim, Sameer Nandwani, Kamal Mehta.
The main legal point established in the judgment is the need to streamline the process of handling motor accident claims and ensure compliance with legal provisions related to road accidents and compensation.
Headnote:
MOTOR ACCIDENT CLAIMS ANNUITY DEPOSIT SCHEME - Implementation of MACAD Scheme by Banks - Modified Claims Tribunal Agreed Procedure (MCTAP) - [12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49] - The court directed the implementation of the MACAD Scheme by banks and modified the Claims Tribunal Agreed Procedure to incorporate various directions related to the investigation of road accident cases, intimation of accidents, collection of documents, verification of documents, duty of the police, duty of the hospital, prosecution in case of uninsured vehicles, and other related procedures.
Fact of the Case:
The court directed the implementation of the MACAD Scheme by banks and modified the Claims Tribunal Agreed Procedure to incorporate various directions related to the investigation of road accident cases, intimation of accidents, collection of documents, verification of documents, duty of the police, duty of the hospital, prosecution in case of uninsured vehicles, and other related procedures.
Finding of the Court:
The court found that the implementation of the MACAD Scheme and the modification of the Claims Tribunal Agreed Procedure were necessary to streamline the process of handling motor accident claims and to ensure compliance with legal provisions related to road accidents and compensation.
Issues: Implementation of MACAD Scheme, Modification of Claims Tribunal Agreed Procedure, Compliance with Legal Provisions for Motor Accident Claims
Ratio Decidendi: The court's decision was based on the need to improve the handling of motor accident claims and ensure compliance with legal provisions related to road accidents and compensation.
Final Decision: The court directed the implementation of the MACAD Scheme by banks and modified the Claims Tribunal Agreed Procedure to incorporate various directions related to the investigation of road accident cases, intimation of accidents, collection of documents, verification of documents, duty of the police, duty of the hospital, prosecution in case of uninsured vehicles, and other related procedures.
JUDGMENT :
J.R. MIDHA, J.
1. Mr. Lalit Bhasin, learned counsel for Indian Bank Association has handed over copies of the operative documents of 21 banks which have implemented Motor Accident Claims Annuity Deposit Scheme (MACAD Scheme) approved by this court on 1.5.2018. The compilations of the operative documents of 21 banks are taken on record. Learned counsel for Indian Bank Association shall furnish the sets of the operative documents to the Registrar General for being circulated to all the Claims Tribunals.
2. The Registrar General is directed to circulate the aforesaid compilation to all the Claims Tribunals for being implemented forthwith. The Claims Tribunals shall disburse the awarded amount to the claimants in a phased manner in terms of the order dated 1.5.2018 and the award amount be disbursed through MACAD Scheme.
3. All the banks are directed to appoint a Nodal Officer within four weeks. Learned counsel for Indian Bank Association shall compile the list of all the Nodal Officers of the banks with their respective addresses, phone numbers as well as email addresses and submit the same to the Registrar General who shall circulate the list of Nodal Officers to all the Claims Tribunals. The Nodal Officer of each bank shall ensure the implementation of the MACAD Scheme by their branches. The Claims Tribunal shall send the copy of the disbursement order by email to the Nodal Officer of that bank who shall ensure the disbursement by the bank within three weeks of the receipt of the email.
4. Indian Bank Association and Delhi State Legal Services Authority shall give adequate publicity to MACAD Scheme in the print as well as digital media.
5. Claims Tribunal Agreed Procedure in terms of the order dated 15.12.2017 is further modified to incorporate the directions contained in orders dated 18.1.2018, 9.3.2018, 1.5.2018, 20.7.2018 and 7.9.2018. The Modified Claims Tribunal Agreed Procedure (MCTAP) is annexed to this order.
6. The Registrar General shall circulate the MCTAP to all the Claims Tribunals. The Claims Tribunals, Delhi Police and insurance companies are directed to implement the MCTAP with effect from 1.1.2019.
7. Learned amicus curiae submits that the Committee is deliberating upon the issues referred to it by this court. Let the final report of the Committee be submitted before this court on the next date of hearing.
8. List for reporting compliance on 8.2.2019 at 2.30 p.m.
9. This court appreciates the assistance rendered by Mr. Lalit Bhasin, learned counsel for Indian Bank Association for implementation of MACAD Scheme.
10. Copy of this order along with MCTAP be sent to the Registrar General of this court, National Legal Services Authority (NALSA), Delhi State Legal Services Authority (DSLSA), Delhi Police as well as General Insurance Council, 5th floor, Building No. 14, National Insurance Building, Jamshedji Tata Road, Churchgate, Mumbai-400020. General Insurance Council shall circulate this order to all the insurance companies.
11. Copy of this order be given dasti to learned counsel for the parties as well as learned counsel for IBA and Delhi Police under signature of Court Master.
MODIFIED CLAIMS TRIBUNAL AGREED PROCEDURE
[As approved by Delhi High Court vide Order dated 7.12.2018]
12. Investigation of road accident cases by the Police: Immediately on receipt of the information of a road accident, the Investigating Officer of police shall inspect the site of accident, take photographs of scene of the accident and the vehicles involved in the accident and prepare a site plan, drawn to scale, as to indicate the layout and width, etc. of the roads or places, as the case may be, the position of vehicles and persons involved, and such other facts as may be relevant. In injury cases, the Investigating Officer shall also take the photographs of the injured in the hospital. The Investigating Officer shall conduct spot enquiry by examining the eyewitnesses/bystanders.
13. Intimation of accident to the Claims Tribunal and insurance
