FAO 842/2003

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 12^th May, 2021

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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

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J U D G M E N T (ORAL)

FastDAR Scheme for Road Accident Death Cases

Launched on 01^st 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 ofDelhi Judicial Academy. The relevant para of

Referencer is reproduced hereunder: -

Motor Accident Claims Referencer of Delhi Judicial Academy

“INTRODUCTION

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victim.”

2.

On 14^th 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.

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3.

On 08^th 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. 02^nd April, 2021.

4.

The Fast Track Committee constituted by this Court convened the

meetings of all the stake holders on 27^th April, 2021, 30^th April, 2021, 04^th

May, 2021, 06^th May, 2021, 07^th May, 2021 and 08^th 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 01^st May, 2021.

6.

On the very first day of the Pilot Project i.e. 01^st 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 04^th 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 08^th May, 2021. The relevant portion of the FastDAR is

reproduced hereunder:

“DETAILED ACCIDENT REPORT (DAR)

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