Amendments to procedural guidelines improve accident claim inquiries under the Motor Vehicles Act, ensuring faster compensation delivery.

1. Mr. Sidharth Luthra and Mr. Anup J. Bhambhani, learned amici curiae submit that they had convened a meeting yesterday in terms of the order dated 8th December, 2014 which was attended by Mr. Kirtiman Singh, learned Standing Counsel for the Ministry of Road Transport and Highways, Mr. Saleem Ahmed, learned Standing Counsel for Delhi Police, Mr. Anil Shukla, Joint Commissioner of Police (Traffic) and Mr. Jayant Sud, Advocate. It is submitted that Delhi Police has shown their concern with respect to paras 24, 28, 36, 46, 48, 49, 56(s), 56(t), 92, 101(f), 101(g) and 101(h) and 102(i) of the Detailed Accident Report (DAR). The learned amici curiae have handed over the minutes of the meeting held on 11th December, 2014, which are taken on record.

2. Mr. Sidharth Luthra, learned amicus curiae, has handed over a letter dated 11th December, 2014 of Mr. Anil Shukla, Joint Commissioner of Police (Traffic) containing the response of Delhi Police to the Detailed Accident Report (DAR). It is submitted that the Investigating Officer may find it difficult to collect the particulars of the bank account of the driver (para 24); to ascertain whether the vehicle has been taken away by the driver with/without the consent of the owner (para 28); to ascertain whether driver was employed on monthly or daily basis (para 36); to ascertain whether the driver/owner made payment of any compensation to the victim [para 41(b)]; to ascertain name and particulars of the Designated Officer of the insurance company (para 46); to ascertain the date of appointment of the Designated Officer (para 48); to ascertain bank account particulars of the insurance company (para 49); to ascertain whether the injured got reimbursement of medical expenses from his employer or under a mediclaim policy [para 56(s)]; to ascertain whether the injured was provided cashless treatment by the insurance company [para 56(t)]; to ascertain proof of employment of the driver (para 92); to ascertain proof of legal representatives of the deceased [para 101(f)]; to collect photograph, specimen signature and identity proof of legal representatives of the deceased [para 101(g)]; to collect particulars of the bank account of the legal representatives of deceased [para 101(h)] and to collect proof of reimbursement of the medical expenses of the victim by the employer or under a mediclaim policy [para 102(i)].

3. This Court is of the view that the concern of the Joint Commissioner of Police has been taken care of in paras 77 to 82 of Part X and paras 103 to 108 of part XI of the Detailed Accident Report (DAR). The Investigating Officer has to demand the information mentioned in paras 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 41(b) of Part III and the documents mentioned in paras 91, 92, 93, 94, 95, 96, 97 of Part XI of DAR from the driver of the offending vehicle and in the event of his failure to furnish the same, the Investigating Officer shall mention the same in para 77 of the DAR to seek direction from the Claims Tribunal to the driver to furnish the same directly to the Claims Tribunal. Similarly, information mentioned in paras 34, 35, 36, 38, 40 and 41(b) of Part IV of the DAR and the documents mentioned in paras 92, 93, 94, 95, 96 and 97 of Part XI of DAR have to be produced by the owner of the offending vehicle and upon his failure, the Investigating Officer shall mention the same in para 78 of the DAR to seek direction to the owner to furnish the same on affidavit along with the documents directly to the Claims Tribunal. Similarly, the information in paras 46, 47, 48