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2021 Supreme(Online)(DEL) 1903
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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12th May, 2021 + FAO 842/2003 & CM APPLs.32859/2017, 41125/2017, 41126/2017, 41127/2017, 35516/2018, 35517/2018, 46426/2018 & 7634/2020 RAJESH TYAGI & ORS. ..... Appellants versus JAIBIR SINGH & ORS. ..... Respondents Through: Mr. Rajshekhar Rao, Senior Advocate as Amicus Curiae with Ms. Aanchal Tikmani, Advocate.
Mr. Surinder S. Rathi, OSD-cum-
Registrar, Delhi High Court Mr. Kanwal Jeet Arora, Member Secretary, DSLSA Mr. Satyam Thareja, Advocate as Amicus Curiae Ms. Avnish Ahlawat, Standing Counsel for DSSSB Ms. Nandita Rao, Additional Standing Counsel for GNCTD Mr. Pradeep Gaur, Advocate for National Insurance Company and United India Insurance Company Mr. Navneet Kumar, Advocate for Bharti AXA and Magma HDI CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
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. 01st May, 2021, a road accident was reported at 03:45 AM at Vasant Vihar, Police Picket in which a Honda CRV car rammed into police barricade and hit a police constable, Munshi Lal which resulted in fatal injuries. The police registered FIR No. 78/21 at P.S. Vasant Vihar. This case was brought to the notice of the Fast Track Committee on 04th May, 2021. The Committee took up the matter with the Investigating Officer and provided the FastDAR Format to the Investigating Officer. The Investigating Officer verified the driving license as well as valid Insurance policy and filed the FastDAR before the Claims Tribunal on 08th May, 2021. The relevant portion of the FastDAR is reproduced hereunder:
“DETAILED ACCIDENT REPORT (DAR)
| 1. | FIR No., date and under Section | FIR No.78/2021, Dt.01.05.2021, U/s186/353/279/304/304A/427 IPC |
| 2. | Police Station/District | PS-Vasant Vihar, District South- West, New Delhi |
| 3. | Date, time and spot of the accident | Dt.01.05.2021, at about 03;45 AM, at Alkauser Police Picket, Outer Ring Road, towards Nehru Place, Vasant Vihar, New Delhi |
| 4. | Source of information of Accident (Name, Address, Occupation & Tel.No.) | Vide DD No.7A, at 03:53 AM, on 01.05.2021 informed by ASI Thawar Singh No.475/SW, PS Vasant Vihar, New Delhi Tel.No.9868667822 |
| 5 | Nature of the accident: (a) Whether resulted in death of injury or both (b) Number of injured/fatal | O Fatal accident Death ne fatal |
| 6 | Brief facts leading to the accident | It is submitted that on 01.05.2021 accordingly to Duty Roster of PS Vasant vihar ASI Thawer Singh No. 475/SW and Ct. Munsilal No.1550/SW, PS Vasant Vihar were on night picket duty at Alkauser Police Picket, Outer Ring Road, towards Nehru Place, Vasant Vihar, PS, Vasant Vihar, New Delhi. On 01.05.2021 at around 03:45 AM a person namely Samit Yadav came from Gurgaon with his Honda CRV Car bearing register No. DL4CAH- 6927 and head towards Nehru Place. After reaching at Alkasuer Police Picket, PS Vasant Vihar he first hit the police barricade and |
| then hit Constable Munsilal who was present on the Alkasuer Police Picket and doing his picket duty. In this accident Ct. Munsilal No.1550/SW sustained head and leg injury and Ct. Munislal No.1550/SW was seriously injured. During treatment at AIIMS Trauma Centre he was declared dead by the doctor. On the statement of ASI Thawer Singh No.475/SW, accordingly, a case Vide FIR No.78/2021, U/s 186/353/279/304/ 304A/427 IPC was registered at PS Vasant Vihar, New Delhi. During investigation accused person namely Samit Yadav, Aged 45 years S/o Sharad Yadav R/o H.No.E-1/H/DDA Flats, Munirka, Delhi-67 was arrested on the spot and all the relevant evidences were collected with the help of Crime Team, District South West, New Delhi. Accused was produced before LD. Duty MM where accused person was sent to 14 days Judicial Custody remand by the order of Ld. Duty MM. During investigation Post Mortem of deceased constable Munsilal was conducted at AIIMS Hospital Delhi, where doctor mentioned that the cause of death is “shock due to head, chest, abdomen, pelvis and limb injury consequent |
| upon blunt force or surface impact. All injuries are antemortem in nature”. After that dead body of Munsilal was hand over to relative of deceased. During investigation offending vehicle’s papers and all other evidence were seized as per seizure memo. During investigation mechanical inspection of offending vehicle and accidental vehicle is also done by the Mechanical expert. During investigation CCTV footage was seized as per seizure memo. The details facts that have come on record during investigation were discussed with SHO sir. After due diligence in detailed investigation & discussed with senior officers sections 186/353/304 IPC have been removed from the case and the case will be proceeded further in sections 279/304A/427 IPC. Investigation is in progress. | ||
| 7. | Name and address of the injured/deceased | Deceased Munshilal Yadav, Age 57 Years S/o Late Phool Chand r/o Village Sherpur, Alwar, Rajasthan |
| 8. | Details of the hospital (MLC/PM/Death Certificate details) | P MLC No.500272622/2021, Jai Prakash Narayan Apex Trauma Centre, AIIMS New Delhi-110029, Copy attached ost Mortem Report No.658/2021, AIIMS New Delhi-110029. Copy |
| attached | ||
| 9. | ( Reg. No. of the vehicle(s) involved in the accident (i) Offending Vehicle ii) Other Vehicle | Offending Vehicle No. DL4CAH 6927, Car Honda CR-V Other accidental vehicle motorcycle bearing No.DL4SAZ7465(Splendor) |
| 10 | O Name, Address and contact no. of the owner(s) of the vehicle(s) Offending Vehicle ther Vehicle | Geetha Rajagopal W/o Samit Yadav R/o E-1/H, DDA Flats Munirka, New Delhi-110067, Owner of offending vehicle No.DL4CAH6927, Honda, Car |
| 11 | O Name, Address and contact no. of the driver of the vehicle(s) Offending Vehicle ther Vehicle | Samit Yadav, S/o Sharad Yadav R/o H.No.E-1/H/DDA Flats, Munirka, South West Delhi-110067, Drive of offending vehicle no. DL4CAH6927, Honda, Car |
| 12 | Name and address of the Policy issuing office of the offending Vehicle Policy Number Policy Period | Bajaj Allianz General Insurance Company Ltd., Regd. Office: Bajaj Allianz House, Airport Road, Yerwada, Pune-411006, Contact No.1800-209-0144, Offending Vehicle No. DL4CAH6927 Policy Number OG-21-9906-1805- 00068458 Policy Period 10-Feb-2021 to 10- Feb-2022 |
| 13 | Name and address of the Policy issuing office of the other Vehicle Policy Number Policy Period | Damage Other Vehicle bearing No. DL4SAZ7465(Splendor Motorcycle) |
| 14 | Driving licence: a. Driving Licence No. b. Period of validity c. Issued by d Class of vehicle e Whether licence suspended or cancelled? | - DL No.1219940128417, -Validity 28/07/2025, -Licensing Authority SW-II, Vasant Vihar, Delhi -LMV -Not |
| 15 | In case of commercial vehicle: (a) Particulars of fitness (b) Particulars of permit | N/A |
| 16 | Death Case: (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. | (a) Munishilal Yadav, Age 57 Years S/o Late Phool Chand r/o Village Sherpur, Alwar, Rajasthan (b) Age 57 Years (c) Male (d) 12th Pass (e) Govt. Employee working in Delhi Police, Delhi as Constable (f) Rs.53454/- (total salary of April-2021) (g) (i) Vimla Devi (ii) Wife of deceased (iii) Age 56 years (iv) Village Sherpur, Alwar Rajasthan, (v) 982823144 |
| 17 | Documents required in Delhi case (a) Site Plan (b) Post Mortem Report (c) Death certificate (d) Photo ID proof of the | (a) Copy attached (b) Copy attached (c) Not (d) Copy attached |
| deceased (e) Proof of age of the deceased (f) Proof of Occupation and income of the deceased (g) Particulars of the deceased’s family (i) Name (ii) Age (iii) Address (iv) Relationship (v) Contact No. | (e) Copy attached (f) Copy attached (1) Shakti Singh Yadav Age 33 years Village Sherpur, Alwar, Rajasthan Son of deceased Tel. No.9828231444 (2) Anita Yadav W/o Rakesh Yadav Age 38 years Plot No.178, Yadavo Ka Mohalla, Ward No.23, Jaipur, Rajasthan, Daughter of deceased (3) Poonam Yadav W/o manoj Kumar Age 28 years R/o Plot No.44, Amar Nagar-A, Khatipura, Khirani Phatak, Jhotwara, Jaipur, Rajasthan Daughter of deceased |
- Details of family members of claimants - Details of deceased’s employer, income, ITR with documents, if available.”
7. The Honda CRV car was insured with Bajaj Allianz GIC Limited. The Insurance Company appeared before the Committee on 06th May, 2021. The Insurance Company was satisfied with respect to the valid driving license, valid insurance policy as well as the negligence of the offending vehicle.
8. The family of the deceased submitted the relevant information/documents relating to the age, occupation and income of the deceased and particulars of his family members. The Insurance Company verified the documents relating to age, occupation and income of the deceased and offered fair compensation of Rs.32 lakh which was accepted by the family of the deceased and their statement was recorded.
9. The Claims Tribunal took up the matter in the Pre-Lok Adalat sittings on 07th May, 2021 and 08th May, 2021 to record the settlement for Rs.32 lakh. Relevant portion of the order dated 08th May, 2021 is reproduced hereunder:
“E- DAR No.
Munshilal Yadav & Ors. Vs. Samit Yadav & Ors.
Matter taken up through VC pursuant to directions issued by the Hon’ble High Court of Delhi vide Order No.
5/R/RG/DHC/2021 dated 23.04.2021.
08.05.2021 Present:
Ms. Ruchi Khurana, Legal Aid Counsel from DSLSA for claimants Mr. S. P. Jain, Advocate for Bajaj Alliance GIC Ltd.
Ms. Bimla Devi, widow of the deceased; Mr. Shakti Singh
Yadav, son of the deceased (identified by IO); Mr. Rakesh Kumar Yadav, husband of daughter of deceased.
IO SI Pankaj Kumar.
ORDER
E-D AR has been received by way of Email. Let it be checked and registered.
Present case has been treated as a special pilot case as per recommendations of the Committee constituted by the Hon’ble High Court in Rajesh Tyagi Vs. Jaibir Singh, FAO 842/2003.
Parties are present having been notified by the IO for the filing of an E-DAR. E-DAR is in the form of Fast-DAR as this case is being treated as the pilot case for quick disposal of MACT cases.
This is a case where, perhaps, history is being created as in a matter of seven days of a death being reported by way of road accident, Fast-DAR has been filed by the police. Insurance company and the claimants have been identified. It is submitted that a police official died in a road accident whilst performing his duty and dispersal of compensation to a martyr has an element of urgency.
The parties have requested that the matter may be referred to and settled in Lok Adalat. An appeal has been made to hold pre- sitting since there is an element of settlement and both parties have some figure in mind but a consensus has not been developed. At request a pre-sitting has been held today. After few deliberations parties have been able to iron out and crease out their differences vis-à-vis the claim and have arrived at an amicable settlement. Only consensus on apportionment remains.
After some deliberations, parties have arrived at a settlement.
It is agreed that Insurance Company would make payment of Rs. 32 Lakhs as a full and final settlement of the claim for compensation of claimants for the fatal injuries suffered by the deceased Munshilal Yadav in the present E-DAR/Fast-DAR arising out of FIR bearing No. 78/2021, U/s 279/304A/427 IPC, PS Vasant Vihar. It has further been agreed between the parties that the settlement has been arrived at keeping in mind the other compensation/ payments receivable/likely to be received on the death of the deceased from entities other than the Respondent insurance company and, therefore, claimants have reserved their rights for claiming any such other compensation/ amount payable by persons or bodies
other than the insurance company.
I may note here that this case was a special case where a police official had met with an accident on duty and the Bajaj Alliance Insurance has also come forward and fairly agreed to a decent amount honouring the victim in record time. I appreciate the quick manner in which the E-DAR/Fast DAR has been compiled by the investigating officer as well.
REQUEST TO DSLSA In these circumstances the present DAR can be disposed of within record time. However, considering the COVID Lockdown and suspended functioning of the court, no Lok Adalat is in the sight immediately and a request is hereby being made to the worthy Member Secretary, DSLSA for organising a virtual Lok Adalat for quick disposal of the present case. Copy of the present order be sent to the worthy Member Secretary, DSLSA for his consideration.
COMPLIANCE BY PARTIES A copy of the statement recording the settlement arrived at in the pre-sitting today be emailed to the counsel for the parties who shall sign/ get the same signed from the party (as the case may be) identify the signatures of the party and scan and email the same to the email ID of the Court along with copy of signed authority/vakalatnama. They shall also send the statement containing the original signatures to the Court forthwith as and when physically possible. Copy of order be sent alongwith statement for compliance.
Claimant(s) is/are directed to open saving bank account in a nationalized bank near the place of his/her/their residence(s) and Manager of the concerned Bank is directed not to issue any cheque book and/or debit card to the claimant(s) and if the same has/have already been issued, to cancel the same and to make an endorsement on the passbook of the claimant(s) that no cheque book and/or debit card shall be issued without the permission of the Court. A copy this order be al
