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03.01.2024

CM Appl.1647/2023

1.

Present application has been filed on behalf of the General Insurance

Council (‘GIC’) to close the Call Centres. In the present application, it has

been averred that the Call Centres have become redundant as MoRTH in the

meantime has developed a special application called iRAD (Integrated Road

Accident Database) in which the police of all States are feeding extensive

road accidents data which includes the entire data of FIRs.

2.

Mr. Siddharth Luthra as well as Mr. Rajshekhar Rao and Mr. Satyam

Thareja, learned Amicus Curiae have no objection to the present application

being allowed.

3.

Ms. Nandita Rao, learned counsel appearing for Delhi Police also has

no objection to the closure of the Call Centres for the following reasons:-

(i) Delhi Police is implementing the FastDR Scheme successfully and

information of fatal accident is being shared with the insurance

company concerned via e-mail/contact numbers.

Therefore, the

need for the Call Centre has become redundant.

(ii) That in pursuance of the Hon’ble Supreme Court order dated 16^th

March, 2021 passed in W.P.(C) No.534/2020 titled as Bajaj Allianz

General Insurance Company Private Ltd. vs. Union of India & Ors.,

details of email Ids (Nodal Officers) of Insurance Companies for

every MACT Court in Delhi State has been circulated to all districts

for sharing details of accident cases.

4.

She, however, prays that closure of Call Centres would require words

“General Insurance Council Call Centre” be replaced with “Insurance

Company Nodal Officer” as mentioned at paragraphs 6 to 8 of the Standard

Operating Procedure for amicable settlement of MACT claims.

5.

Keeping in view the aforesaid, the present application for closure of

Call Centres filed by the General Insurance Council is allowed. However, it

is directed that paragraphs 6, 7 and 8 of the amended Standard Operating

Procedure (‘SOP’) for amicable resolution of MACT claims within ten days

of fatal accident shall read as under:-

“6.

Role and Responsibilities of Delhi Police:

Police/IO shall give intimation to Insurance Company Nodal

Officers,

collect

post-mortem

report,

get

the

Vehicles

Mechanically inspected and collect the Reports, verify the Driving

Licence/Registration Certificate of the Offending Vehicles from

Transport authorities concerned, besides collecting the details of

family members of deceased and proof of his/her income and age

and fill up the FastDAR Form.

Investigating Officer shall ensure to collect all the relevant

documents as required and enlisted in the Annexure A within

stipulated time.

7.

Role and Responsibilities of Insurance Companies:

Insurance Company shall appoint Nodal Officer and provide their

whatsapp enabled phone number and e-mail Id to the Delhi Police

and the Delhi Police shall intimate the Nodal Officer all

documents and details about the fatal accident.

8.

Upon receiving the intimation and other details/documents

from the police, the Insurance Company concerned shall carry out

the necessary investigation.

On receiving FastDAR form along with verified documents from

Investigating Officer as per SOP, the Insurance Company shall

make a reasonable offer for amicable settlement of the claim

within three days i.e. on or by 8^th day of the accident. Such offer

shall be shared within the Claimants/Legal Heirs of Deceased and

the Tribunal.”

6.

The aforesaid amendment be carried out in the SOP and the amended

SOP be circulated amongst all concerned for necessary compliance and

uploaded on the website of DSLSA, Delhi Police as well as GIC for

information to the general public.

W.P.(C) 6244/2021

7.

Learned Amicus Curiae have handed over an additional note.

The

same is taken on record.

8.

List on 15^th January, 2024.

ACTING CHIEF JUSTICE

MANMEET PRITAM SINGH ARORA, J

JANUARY 3, 2024

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