Point of Law : Road Accident – Compensation claim - Claims Tribunal shall make an endeavour to complete the proceedings as expeditiously as possible, within 30 days of.

JUDGMENT :

FastDAR Scheme for Road Accident Death Cases Launched on 01st May, 2021 Road Accident Death Compensation case decided within 10 days of the accident

1. Can a compensation claim relating to road accident death be resolved within 10 days of the accident? This Court visualized that it was possible as back as in 2011. Reference be made to Motor Accident Claims Referencer, 2011 Edition of Delhi Judicial Academy. The relevant para of Referencer is reproduced hereunder: -

Motor Accident Claims Referencer of Delhi Judicial Academy

“INTRODUCTION

Many years ago, one of my friends visited Canada where he met with an accident. He was immediately rushed to the hospital. The police immediately informed the Insurance Company of the insured vehicle whereupon the Insurance Company deputed their officer who visited the hospital and met my friend and also the Medical Superintendent to find out how much expenses were likely to be incurred on his treatment. On the basis of the statement of the Medical Superintendent, the officer prepared a cheque of US $ 6000/- and offered the same to my friend without prejudice so that if more expenses are incurred, the same could be claimed later. The payment was made within 24 hrs of the accident. As a result, my friend was not burdened with any medical expenses.

The Insurance Companies in our country are aware of this procedure and they actually implement the same in case of loss/damage of the motor vehicles. If a car is damaged in an accident, the Insurance Company immediately appoints a surveyor who inspects the vehicle on the same day, takes the photographs, discusses the estimated loss with the workshop and gives clearance for repair of the vehicle within 24 hours. The cheque for the expenses on the repair of the vehicle is paid directly to the workshop.

In case of death of victims of road accident, the principles of calculation of compensation are well settled. The age and income of the victim and the number of dependants of the deceased victims have to be verified to compute the compensation. If the officer of the Insurance Company visits the house of the deceased victim immediately after the accident, these three things could be ascertained and necessary documents can be collected. At the time of grief, there would not be any possibility of manipulation/exaggeration and the compensation on that basis could be tendered to the family of the deceased victim.”

2. On 14th February, 2020, this Court directed the Delhi Police to launch a Pilot Project for resolving the compensation claims of road accident deaths in New Delhi District within 30 days of the accident. This Court constituted a Committee comprising of Mr. Surinder S. Rathi, Registrar, Supreme Court at that time, as a Convenor, Mr. Rahul Mehra, learned Standing Counsel for Delhi Police at that time, Mr. Rajesh Deo, DCP (Legal Cell), Delhi Police and Mr. Satyam Thareja, Amicus Curiae to frame the Fast Track Scheme for implementation of this Pilot Project.

3. On 08th January, 2021, this Court directed the Committee to formulate the Fast Track Scheme of the Pilot Project for resolving the compensation claim cases of road accident deaths within 30 days. This Court further directed the Pilot Project to be implemented w.e.f. 02nd April, 2021.

4. The Fast Track Committee constituted by this Court convened the meetings of all the stake holders on 27th April, 2021, 30th April, 2021, 04th May, 2021, 06th May, 2021, 07th May, 2021 and 08th May, 2021. The Committee formulated a FastDAR Format and the Standard Operating Procedure (SOP) of the Pilot Project for resolving the claims cases of road accident deaths within 10 days of the accident.

5. This FastDAR Scheme for resolving the compensation claims of road accident death within 10 days of the accident was launched as a Pilot Project on 01st May, 2021.

6. On the very first day of the Pilot Project i.e. 01s