Rajesh Tyagi & Ors. v. Jaibir Singh & Ors.

8. On 14th February, 2020, this Court directed the pilot project mentioned in the order dated 13th December, 2019 to be implemented in respect of death cases in motor accidents in New Delhi District w.e.f. 15th April, 2020. Relevant portion of the judgment dated 14th February, 2020 is 2021:DHC:76 FAO 842/2003 reproduced hereunder: ―12. The pilot project mentioned in the order dated 13th December, 2019 is directed to be implemented in respect of death cases in a motor accident in New Delhi District with effect from 15th April, 2020. The Investigating Officer shall expeditiously (on the date of accident) upload FORM – I of the order dated 07th December, 2018 (Intimation of the Road Accident by the Investigating Officer to the Claims Tribunal and the Insurance Company) and the photographs of the accident site in respect of all the accidents relating to the death of a person in a road accident in New Delhi District on the mobile application (if the Mobile application is not set up by 15th April, 2020, then to the dedicated phone number to be provided by GIC). Upon receipt of such intimation, the GIC shall immediately nominate/appoint a surveyor as well as Investigator to visit the site. The Investigator shall verify all relevant facts relating to the accident whereas the surveyor shall inspect the vehicle. The investigator shall submit a report with respect to the negligence of the driver of the offending vehicle as well as the name, age, occupation, income and family members of the deceased victim and other relevant details whereas the surveyor shall submit a report with respect to the mechanical inspection about accident to the concerned Insurance Company. The Investigator and Surveyor shall carry out their work without interfering in the work of the Investigating Officer. The Investigating Officer shall collect the relevant documents, verify the same and submit a Detailed Accident Report (DAR) to the Claims Tribunal as expeditiously as possible. If the Insurance Company is satisfied with respect to the negligence of the offending vehicle, the concerned insurance company shall compute the compensation and submit a report to the Claims Tribunal in FORM – III of the order dated 07th December, 2018 as expeditiously as possible. The Claims Tribunal shall decide such cases as expeditiously as possible, preferably within 30 days from the date of accident.‖

9. Vide order dated 18th January, 2018, this Court directed Delhi Police to implement the Detailed Accident Report (hereinafter referred to as DAR) procedure on the same lines as is being done in Tamil Nadu. On 14th 2021:DHC:76 FAO 842/2003 February, 2020, it was submitted on behalf of Delhi Police that a web based mobile application has to be developed to comply with the above directions. This Court constituted a Committee to develop the mobile/web application. Relevant portion of the order dated 14th February, 2020 is reproduced hereunder: ―8. Vide order dated 18th January, 2018, this Court directed Delhi Police to implement the DAR procedure on the same lines as is being done by the Tamil Nadu. However, the same has not been done till date. Delhi Police is directed to implement para 3 of the order dated 18th January, 2018 with effect from 15th April, 2020. The Delhi Police is at liberty to the assistance of Ms. Seema Agarwal, I.P.S. who was instrumental in implementation of the Special Scheme in Tamil Nadu under the orders of Madras High Court. Para 3 of the order dated 18th January, 2018 is reproduced hereunder: ―3. In Cholamandalam MS General Insurance Company Ltd. v. The Inspector of Police, 2017 SCC OnLine Mad 3860: (2017) 5 CTC 355, Justice P.N. Prakash of Madras High Court has passed directions for implementation of the DAR procedure by directing the registration of FIRs and uploading of DAR and the relevant data on the website of Tamil Nadu Police for the immediate access of the same by the Claims Tribunals, Legal Services Authority, Insurance Companies and the litigants/claimants. This Court is of the view that it would be appropriate for the Delhi Police to implement the DAR procedure on the same lines in which it is being implemented in Tamil Nadu. Delhi Police may seek necessary assistance, if required, from the Tamil Nadu Police in this regard. Relevant portion of the judgment dated 12th September, 2017 is reproduced hereunder: -

6. The Supreme Court has taken note of the DAR regime or Agreed Procedure as it was christened, forming part of the order dated 13/5/2016 as Ex.R[5] in Jai Prakash vs. National Insurance Co Ltd., and made it applicable Pan India by virtue of its orders. This Court took note of the said development and directed the Director General of Police to implement the DAR regime within the State of 2021:DHC:76 FAO 842/2003 Tamil Nadu also. It is in furtherance to these developments that circular dated 2/1/2017 came to be issued by the Office of the Director General of Police. The DAR regime was conceived and tweaked and implemented thanks to the proactive ways of the Delhi High Court and in particular the passionate involvement from Justice J.R.Midha, it became a practical reality within Delhi on and from 1/2/2015.

7. It is pertinent to note that Delhi High Court put together the DAR regime and devised the Agreed Procedure for implementation, not only for the purpose of expeditious disposal of motor accident claims but also to ensure that false and fabricated claims or manufacture of false records were avoided. While the Motor Vehicles Act, 1988, has provided the basic framework for the filing of a motor accident claim in the pursuit of just compensation, it is the Delhi Motor Accidents Claims Tribunal Rules, 2008, which related to the actual procedure for conduct of the proceedings before the Claims Tribunals at Delhi.

8. The Delhi High Court conceived and devised DAR regime or Agreed Procedure, forming part of order dated 13/5/2016 in Jai Prakash vs. National Insurance Co. Ltd. of the Apex Court as Ex.R[5], now forms part of the Delhi MACT Rules, 2008, as notified by Delhi administration. It is this Ex.R[5] which is now made applicable Pan India by the Supreme Court by its orders.

9. The DAR regime in Delhi is implemented physically. It is a manually devised procedure/regime which is in vogue in Delhi. It is gathered that there are only 6 Motor Accidents Claims Tribunals, in all, in Delhi and specific Police Stations which capture the FIRs relating to the accidents arising thereto. So, manual implementation of DAR is plausible and within a controllable geographical construct. But, in the course of these proceedings, the Tamil Nadu Police administration brought to the notice of this Court that already the State Crime Records Bureau, under the aegis of the Office of the Director 2021:DHC:76 FAO 842/2003 General of Police, was already in the midst of developing a software, since 2014, for the purpose of registering FIRs and uploading data and controlling the regime related to it, on online basis in Tamil Nadu (on Tamil Nadu Police website-www.eservices.tnpolice.gov.in). SCRB was already in the course of fine-tuning this online regime, which was deemed fit and proper to tap into for an online DAR regime, for all practical purposes rather than a physical regime. This Court chose to allow the embracing of technology already in place, for implementing the DAR regime as the way to go. Such online mechanism did not, in any way, detract from the mandated implementation of the DAR regime and instead, it enhanced the value and utility arising from its operation. In the face of the that there are 1,827 Police Stations, including 200 All Women Police Stations (AWPS), 266 Traffic Police Stations and 27 Police Out Posts, as per Government of Tamil Nadu Tamil Nadu Police Policy Note-2016 and there are in all 1,014 courts in the State, of which, around 289 are Claims Tribunals, and also more than 1/3 of them as Judicial Magistrates, as per Government of Tamil Nadu Policy Note 2016-17, physical implementation of the DAR regime would stretch the available manpower and resources and make it difficult for sure and strict compliance. Incidentally, on enquiry, this Court is proud to be informed that after Delhi, pursuant to the orders of the Apex Court, only in Tamil Nadu, DAR regime has come to be implemented in the entire country and Tamil Nadu can pride itself of the technology marvel. Access to hundreds of Police Stations, Claims Tribunals, Judicial Magistrate Courts, Legal Service Authorities, a key to the efficacy of the implementation of DAR regime, has become a realizable reality thanks in the main to the online platform. The SCRB initiative, plugged into, needs commendation on every count.

SOFT VERSION OF DAR REGIME

11. While so, as far as Tamil Nadu is concerned, SCRB 2021:DHC:76 FAO 842/2003 was already engaged in developing its online platform in relation to criminal law jurisdiction, right from the registration of FIRs and beyond. When the order of this court dated 17/8/2016 came, it was a timely one for the SCRB and the Office of the Director General of Police to tweak the developing online platform to cater to the implementation of the DAR regime. This Court saw immense merit in the said practice and readily allowed the dispensation to go online as a soft version of the DAR regime, for all round benefit.

12. SCRB took the trouble of demonstrating its online platform as captured in the circular dated 2/1/2017 of the Office of the Director General of Police to this Court and this Court was satisfied, as duly recorded, in its order dated 5/1/2017 that DAR regime was an online platform based implementation in lieu of the physical or manual version of it, as practised in Delhi. A run through of the DAR compilation, in its online avatar of SCRB, would reveal that every syllable or information required to be compiled (as per Annexure Ex.R[5]) identified in order dated 13/05/2016 of Supreme Court in Jai Prakash vs. National Ins Co Ltd. is put together online itself. The DAR regime as implemented in Tamil Nadu is nothing but a soft version of the hard version of it in Delhi.

13. Technology is the way to go. Digitisation is the key for advancement in the lives of human beings too. E- Courts are here to stay. Ordinary litigants are able to access the case details and status thereof and even tuck into the daily orders or final orders, have easy access, from the confines of their homes. There is a certain element of open and transparent regime infusing the needed dose of it in the administration of justice. Motor accidents claims require a huge dose of it, no doubt about the same. Victims of motor accidents or claimants, as the case may be, already traumatized would hugely benefit if the compilation of documents required to pursue a claim for just compensation are readily accessible to them. Equally, if the stakeholders thereto, 2021:DHC:76 FAO 842/2003 be it owners/drivers of motor vehicles or insurance companies or transport corporations, are provided ready access, the documentation, investigated independently and verified for veracity, it would go a long way in enabling early closure of claims, even by way of compromise. That is actually the purport and import of the order dated 13/5/2016 made in Jai Prakash vs. National Insurance Co. Ltd. of the Apex Court. That is more than adequately achieved by the DAR regime and when it is an online platform and technology-driven, its impact could be immediate and immense. xxx xxx xxx BENEFITS OF E-PLATFORM

15. We live in technological times. Law may be last and lagging in embracing technology. But benefits of tapping into technology would enhance the benefits flowing from judicial administration. It may be trite to lay down the benefits as they are too well known and obvious. This Court is aware of the decision in United India Insurance Co. Ltd. v. Sagicor Capital Life Insurance Co. Ltd. [2013 (2) CTC 408 (Mad.)] where a suggestion was made by this Court for payment of court fees online. Taking cue, Notifications have been issued pursuant to the amendments to the law for payment of court fees online. Yet, it is reported that E-payment of court fee regime is not in yet, and it may be time for the powers that be to complete the circle for ushering in the era of transparency in a key area. No wonder, this Court, vide dated 20/7/2015 in Royal Sundaram Alliance Ins Co. Ltd. vs E Priya (CMA No. 1298/2015) and in Oriental Insurance Co. Ltd. vs. Rajesh (CMA No. 428/2016 dated 11/3/2016), has mandated the use of Digital transfer or NEFT/RTGS transfer of compensation payable by insurance companies and transportations to be deposited into the accounts of the courts directly and also disbursement of compensation to claimants/victims also by a similar transfer to their bank accounts. The claimants are required to furnish as part of the claim 2021:DHC:76 FAO 842/2003 documents, their bank account details and even PAN Card and (where they are possessed of it) and this enables Direct Bank Transfer to the accounts of the claimants/victims. The claimants/victims get to handle the compensation sums by themselves and exercise full control of it, without fear of ‗leakage‘ which was rampant in this jurisdiction. In fact, this Court feels that be it a motor accident claim or a land acquisition claim or even a matrimonial dispute or any litigation involving the need for deposit and disbursement, time may have come to digitize the operations for easy and smooth transfer and an open, transparent regime. Sunlight, they say, is the sure and certain disinfectant. It may be a fit and proper circumstance for the Hon‘ble Chief Justice and Court administration to come up with a comprehensive directive for implementing this Direct Benefit or Bank transfer regime, across all jurisdictions involving and requiring similar deposit of sums and disbursement of it akin to motor accident claim jurisdiction and also expedite the E-court Fee regime and possibly an E filing of cases too. This suggestion is placed with utmost respect before the Hon‘ble Chief Justice for appropriate consideration.

16. In addition to the above, in the field of motor accidents claims, this Court has also introduced a regime of reference of injured claimants to District Medical Boards for issuance of certificate of disability for uniform, consistent assessment. By order in CMA No.2380/2015 dated 12/4/2016 in Tata AIG General Ins Co. Ltd. vs. Prabhu, this new dispensation was put in place as of 1/8/2016. While clarifying the purport and import of the said order, by order dated 25.11.2016, this Court, while reiterating and commending the regime, also suggested use of digital way for transfer of medical records and receipt of certificates of disability. The utility of a techno-savvy platform was highlighted.

17. A combined reading/implementation of DAR regime – which is a technology platform, allied with reference of 2021:DHC:76 FAO 842/2003 the victims to Medical Board, as a matter of rule for availing certificates of disability, and on grant of just compensation, the transfer of the same as digital transfer to the bank accounts of the victims, would be a huge and transformational change. Providing such avenues may not suffice. The stakeholders need to be made aware of and be ready and willing to take full advantage of it. Once there is exposure and experience of this well-oiled systemic change, the benefits that flow to ease the lives of the traumatized victims would be immense and deserving. In fact, this Court feels that the courts below, which are the beneficiaries to this ready access, need to be sensitized to its uses and benefits and SCRB even took the initiative of a Lecture-Demonstration to Judicial Officers in Chennai and its suburbs at the Tamil Nadu State Judicial Academy. May be, it would make sense to introduce and familiarize the concerned Judicial Officers, elsewhere in Tamil Nadu also, with this new technological regime, which if accessed by them with intent and alacrity, would enable them to advance in their careers too with a better performance. Ultimately, Justice Hand could be falsified by Courts of Law turning into ―Courts of Justice‖ after all.

INITIAL IMPLEMENTATION OF DAR REGIME

18. By order dated 13/4/2017, this Court while recording the chronology of events, also adverted to the role that technology played and could play in the administration of justice vis a vis a series of verdicts from the Supreme Court as well. It therefore readily commended the SCRB on line platform for implementing the DAR regime. The online platform has gone live from 1/3/2017 and it has been opened up for insurance companies and transport corporations. Till date, this Court is informed that 13 insurers have registered themselves and are regularly making use of the uploaded data. Transport Corporations, to whom also this service was extended, have also sought registration for availing this facility. As far as Motor Accidents Claims Tribunals are concerned, 2021:DHC:76 FAO 842/2003 289 of them have been given links, as well as 58 Legal Service Authorities by SCRB till date, thanks to the IT efforts of this Court and the service is available for them for free. Equally, it is gathered that between 1/3/2017 and 11/09/2017, around 18,000 claims related data, have been uploaded and made accessible to the stakeholders, in question. DAR compilation as mandated by law, is an online reality and instead of the physical version as in Delhi, now, the version in Tamil Nadu is a soft one. Counsel for insurance companies have expressed satisfaction at the performance of the platform thus far and readily admit that it has enabled the insurers to handle claims better, with confidence, and made it possible to seek closure also early.

19. The order dated 13/5/2016 of the Apex Court made in Jai Prakash vs. National Insurance Co. Ltd. vide implementation of the DAR regime, is now a reality in Tamil Nadu, not in the physical or hard copy format but an online version of it. This Court is immensely satisfied that the online version is an improved version and not a belittled version and DAR compilation is in accord with the legal mandate. Instead of physically compiling the documents and capturing the information, SCRB is uploading the data for ready access of the stakeholders. Even assuming that the Claims Tribunals were actually not registering claims upon such uploaded DAR regime, they have no hurdle to download the compilation, register the case, give it a number and issue notices to the parties therein and process and dispose of the claim as if a claim petition was filed, wherever claims have not already been filed. The physical filing of the DAR compilation is replaced in Tamil Nadu by the online avatar, in precept, but, in practice, it is but implementation of DAR regime as it is perceived and mandated to be. SCRB deserves wholehearted appreciation for its readiness to comply with the legal mandate and tweaking their online platform to put in place a version to accommodate the DAR regime without 2021:DHC:76 FAO 842/2003 any let or hindrance. Hats off to all those who are involved and engaged in this noble endeavour for the larger interest of the affected victims.

20. Motor accidents jurisdiction is quite peculiar from the point of view of specialised practitioners in Tamil Nadu. It has been brought to the notice of this Court in course of demonstration of DAR compilation and settlement of 7 claims on that basis and the Delhi regime where the DAR report when filed being registered as a claim petition, that in Tamil Nadu, scope or need for such filing/registration of MCOPs based on DAR compilation, seems otiose or meaningless. Even well before the DAR compilation is made and uploaded, however fast, within even 30 days and 60 days in many a case, already claim petitions get filed before Claims Tribunals and advocates are already on record. It is as if along with first-aid to the traumatized victims, vakalats are obtained and claims filed in Tamil Nadu, as a matter of rule and the Police administration is even put on notice of the advocates-on-record even while they upload the data in this DAR regime. So, this Court is satisfied that online implementation of DAR does not, in any way, detract from the merits of the DAR regime from its physical filing format. Hence, the online version of DAR regime, as implemented in Tamil Nadu, passes the crucible of being an online version of DAR regime (in line with Ex.R[5] as in order dated 13/05/2016 of the order of the Supreme Court in Jaiprakash v National Ins. Co. Ltd.) In fact, as times move, this Court is inclined to believe that this online version may be the way to go for implementation of DAR regime and SCRB may have a ‗saleable product‘ on their hands to offer to other States across India, who also may come within the binding mandate for implementation of the DAR regime. Possibly, if the Apex Court was put on notice of this online version of DAR regime implementation, they may well commend its replication for rest of India, considering the keenness of the Apex Court in embracing 2021:DHC:76 FAO 842/2003 technology.

FULL FLEDGED IMPLEMENTATION OF DAR REGIME:

21. While the Motor Accidents Claims Tribunals were afforded access first, and then Legal Services Authorities, and then insurance companies and transport corporations, SCRB took time to provide access to the victims/claimants and owners/drivers (who could be christened as accused at one level). SCRB has now completed the circle by providing access to the last segment also at a low price on and from 31/8/2017, within the promised dateline or mandated timeline of this Court. It adds a feather to the cap of SCRB for not only conceiving this facility but ensuring its implementation without any time overruns as well. Tamil Nadu Police can take pride that they have met the mandate of law and leading the way as the first and only State as on date in implementation of DAR regime.

22. The claimants/victims and owners/drivers, when they are registered and their details captured with mobile numbers, are given an One Time Password (OTP) with which they can have access to the uploaded DAR compilation for a small fee of Rs.10/- per document. In fact, if there is proper marketing of this dispensation and the ordinary citizen becomes aware, possibly, just possibly, the sale and purchase of victims as commodities may cease and the claimants/victims may get full control over their lives and claims to seek their own counsel and file claims of their choice, rather than being peddled as commodities for a price, immediately upon an accident, and being more often than not compelled, to file claims through a select community of practitioners who dominate the jurisdiction. So, the benefits flowing from this DAR regime are limitless except that it is for the stakeholders to appreciate, assimilate, understand and utilize it to their benefit. SCRB may be doing their job by uploading the data and offering it on a platter to the stakeholders, all of them, in particular, the 2021:DHC:76 FAO 842/2003 claimants/victims, at their door step. If the claimants/victims become aware of this facility and wait a wee bit, they can avoid themselves being sold as ―commodities‖, since access to documentation under the DAR regime is within their grasp to take full control of their claims. But, if the claimants/victims fail or refuse to take advantage of this wonderful dispensation, we would still not be failing in our duty, for claimants/victims may be failing themselves. We can take the horse to the water but it is for the horse to drink for we cannot coerce it into doing so.

EXTENSION OF DAR REGIME TO VICTIM

COMPENSATION SCHEME:

23. Thus, SCRB seems to have complied with the mandate of law in the implementation of the DAR regime. This Court sought to tweak the DAR regime for the benefit of the victims in relation to Sec.357-A of Cr.P.C. vis-a-vis Tamil Nadu Victim Compensation Scheme, 2013 as well. SCRB has merely to provide access to the Judicial Magistrates handling the crimes relating to motor accidents for them to make use of the same in assessment and award of compensation. In effect, any which way the DAR regime could be implemented effectively and put in place, in its online avatar, as distinguished from the physical form as enacted in Delhi, has been accomplished thanks to the innovative and endeavouring ways of SCRB. SUMMATION:

24. The journey this Court set off on 17/8/2016 has now culminated with a Status Report from SCRB dated 08/09/2017. In paragraph no.10 of the status report, it is indicated that, as directed by this Court, extension of services is being made to State Transport Corporations also. While so, letter dated 08/09/2017 in Rc.No.D- X/2386/SCRB/2016, has been brought to the notice of this Court that such services have now been extended to State Transport Corporations also. This letter shall form part and parcel of the status report. Hence, the circle is 2021:DHC:76 FAO 842/2003 now complete. It is now a recorded and realistic fact that DAR regime is in vogue, up and running as mandated by the order of the Supreme Court dated 13/5/2016 and as triggered within this State by orders of this Court. The DAR regime, as practiced and implemented with SCRB at the apex, is a vastly improved and improvised version of the DAR regime as on online platform. It is no different from the DAR regime in its physical format, in content. The online platform vis-a-vis DAR regime went live from 1/3/2017. It has granted access to Claims Tribunals, Legal Services Authority and insurance companies and transport corporations on and from 1/3/2017 itself. Thereafter, now, SCRB has completed the compliance with their obligation by providing access to the claimants/victims and owner/drivers as well on and from 31/8/2017. It is good that the implementation of the DAR Regime and allied facility, have been publicized on 31/8/2017 in all districts of Tamil Nadu and in Chennai on 1/9/2017, under the leadership of the respective Commissioners of Police. Good causes should never shun publicity and instead, ought to embrace it for widening the base and its sphere of influence, in public interest. The online platform, SCRB suggests is running well and the stakeholders are by and large satisfied. Insurance companies appear to be the largest beneficiaries in having DAR regime documentation on their tables at the click of a key and it is only but fair that they use it not to their advantage exclusively but be forthcoming to try and compromise as many accident claims as possible to ease the pressure on the existing pendency. Hope the insurers would reciprocate the benefits that have come their way since the litigation they mounted has culminated in these developments. In any new concept and compliance, with a high end technological tweak, there is bound to be technical glitches which SCRB promises will be attended to all the time. They have as a permanent fixture provided the name, address and identity of the entity who would be 2021:DHC:76 FAO 842/2003 available on line to attend to grievances and redressal thereof.

25. In fine, this Court is more than satisfied that SCRB has, in fact and reality, implemented the DAR regime as they were obliged to, but as an online platform. The form is different from Delhi, which is physical. In all other respects, the content being one and the same, the SCRB effort is a sure shot improved one and possibly worth replicating Pan India. In fact, if the Apex Court becomes aware of this online venture of the implementation of DAR regime, it may even consider recommending its implementation across India, as being paperless is the way to go, as the Apex Court has itself demonstrably noted on 3rd July, 2017, going paperless itself on a trial run basis. SCRB has done a commendable job of what it was directed to do and one fervently hopes that all the stakeholders would take full advantage of what is on offer for the lasting benefit of the community of motor accidents victims, to seek early closure of their claims for just compensation and to come out of a traumatized event and circumstances, as early as possible and possibly rid the jurisdiction of the pernicious practice of false and fabricated motor accidents claims and falsification of records. A successful uploading and implementation of DAR regime would be testimony to the orders of the Apex Court in commending its application throughout India.

26. With these words, this Court commends the application of DAR regime as proposed for the entire State in its online version as constituting full compliance with the mandate of the decision of the Supreme Court dated 13/5/2016 in Jai Prakash vs National Insurance Co. Ltd. and as per the directions of this Court commencing from 16/8/2016 and culminating in this order. This Court commends the efforts of all those involved in implementation of the DAR regime and taking strenuous efforts to make a success of the regime for the lasting benefit of the innocent motor accidents victims to deliver on the promise of social justice as a 2021:DHC:76 FAO 842/2003 Constitutional principle. (Emphasis Supplied)

9. Mr. Rajesh Deo, learned DCP, Legal Cell present in Court submits that it is necessary to develop a web based mobile application to comply with the directions of this Court.

10. A Committee comprising of Mr. S.S. Rathi, Registrar of Supreme Court; Mr. Rahul Mehra, Senior Standing Counsel for Delhi Police; Mr. Rajesh Deo, DCP (Legal Cell), Delhi Police; and Mr. Satyam Thareja, learned amicus curiae is constituted for development of the mobile/web application in consultation with all the stakeholders. Mr. S.S. Rathi, Registrar, Supreme Court shall be the Convenor of the said Committee and first meeting shall be convened within three weeks.‖

10. In Mayur Arora v. Amit (supra), this Court explained the scope of inquiry under Sections 168 and 169 of the Motor Vehicles Act as under:- ―10.1. The inquiry contemplated under Section 168 of the Motor Vehicles Act, 1988 is different from a trial. The inquiry contemplated under Section 168 of the Motor Vehicles Act arises out of a complaint filed by a victim of the road accident or an AIR filed by the police under Section 158(6) of the Motor Vehicles Act which is treated as a claim petition under Section 166(4) of the Motor Vehicles Act. These provisions are in the nature of social welfare legislation. Most of the victims of the road accident belong to the lowest strata of the society and, therefore, duty has been cast upon the police to report the accident to the Claims Tribunal and the Claims Tribunal is required by law to treat the Accident Information Report filed by Police as a claim petition. Upon receipt of report from the police or a claim petition from the victim, the Claims Tribunal has to ascertain the facts which are necessary for passing the award. To illustrate, in the case of death of a victim in a road accident, the Tribunal has to ascertain the factum of the accident; accident having being caused due to rash and negligent driving; age, occupation and income of the deceased; number of legal representatives and their age. If the claimants have not produced copies of the record of the criminal case before the Claims Tribunal, the Claims Tribunal is not absolved from the duty 2021:DHC:76 FAO 842/2003 to ascertain the truth to do justice and the Claims Tribunal can summon the investigating officer along with the police record.‖

11. In Mayur Arora v. Amit (supra), this Court laid down the following principles relating to the nature of inquiry under Sections 168 and 169 of the Motor Vehicles Act: ―13.1. On a fair reading of the statute, the wide power given to the Tribunal, the absence of ‗onus‘ upon the claimant, the general position of the claimants and their wherewithal with the social obligation of the welfare State, all indicate that the procedure of the Claims Tribunal has to be Inquisitorial though keeping in view that most other procedures in the country are Adversarial, it would be proper to conceive and put in practice something which is a mix of the two.

13.2. To explain the difference, the Claims Tribunal would not be simply passive, give both the parties sufficient opportunity to adduce evidence, and at the end of the ‗trial‘ announce who has won. At the same time, he will not assume the role of investigator and of the prosecutor apart from being the Judge in the Inquisitorial system.

13.3. Even in the pure Adversarial (where, in the past, the Judge remained passive and even in civil and criminal litigation), there has been a slow and steady move towards more active participation of the Judge. There have been two factors. The first is to do greater justice by removing imbalance between the two parties (and their lawyers); and the second is to more efficiently manage the cases and bring about efficiency

13.4. The proceedings before the Claims Tribunal are more of an Inquiry rather than an Adversarial trial. In other words, it is not that the claimant has to allege everything which the insurance can (without bothering to ascertain the facts) deny everything and then the Court expects proof of one and every allegation made in the claim petition. 2021:DHC:76 FAO 842/2003

13.5. Keeping in view the wording of the statute, the use of the phrase ‗hold an inquiry‘ as also particularly the absence of the word ‗trial‘ and; the larger purpose of the statute as demonstrated by the Statement of Objects and Reasons; observation into what has gone on; the type of the claimants; the type of the issues; and the need to bring about efficiency, procedure as are tailored to the subject has to be evolved by the Claims Tribunal.

13.6. The nature of the claims before the Claims Tribunal do not vary as widely as they do before a Civil Court, and there is an element of stereotype in them.

13.7. The facts which are to be ascertained are usually known and it is to be found out whether those facts exist or do not exist. It is only in that sense that an Inquiry is to be carried out.

13.8. Most of these facts are such which are to be proved by documents, generally as copies of records. If these are listed and summoned so that they are before the Claims Tribunal, it can make a world of a difference.

13.9. There is a distinction between proof of a document and what the document proves. Some of the documents can be taken at their face value. In fact, the onus is reversed so that the evidence in proof can be asked only if there is specific denial. The photocopies of documents or entries from the Transport Department can be presumed as correct leaving the onus to disprove on one who disputes it. Every document produced does not require a proof as if it were an unregistered Will leaving a large estate to an outsider.

13.10. If an allegation is denied, the respondent must state his reasons for the denial and if necessary, put forward his own version of events. Subject to certain exceptions, the general rule is that if a defendant fails to deal with an allegation, it is to be taken as an admission.

13.11. If following this procedure which is generally collection of documents, a case appears to be one which can be disposed of at the 2021:DHC:76 FAO 842/2003 first hearing, it should be so disposed of. There can, however, be cases where there is need for further inquiry. But that will have to depend upon whether a sufficient defence has been raised.

13.12. If the case needs further inquiry, the Court may frame issues. Issues help as a signpost to how the matter has to be proceeded with. They are signposts of topics (facts). However, before the issues, if a prefatory note on the facts which are not in dispute or not sufficiently in dispute or facts that can be taken judicial notice of, is made, the controversy stands narrowed down, the issues are more accurately framed and serve a greater purpose.

13.13. The present practice of framing the issues in a wide form calls for a change. Instead, what the Claims Tribunals as a part of ‗following such procedures as it thinks fit‘ should do is to first go through the file and identify: (i) the chain of material facts and events (most of which are ordinarily not disputed); (ii) the scope of defences that are permissible; (iii) the factual questions that survive for decision; (iv) the missing links, and (v) the points of law which will need application to the facts and determination. After putting down a page or two of written material to depict the aforesaid, and also narrow down the controversy, frame pointed issues which bring out the factual and legal questions. The onus of the sub-issues has to be more correctly placed. The defence expected has to be not a mere denial but a positive one after the Respondents have investigated. The scope of the issues when framed could be narrow and not wide.

13.14. It is not always that if issues have been framed, further evidence is required. The matter can be disposed of after hearing the arguments based on the material on record or some evidence on a specific point may be called for. In any inquiry, there is also a duty of the Court to see that the evidence which could have been brought is brought so that justice is done. A template for a judgment keeping in view the various types of cases that come, can be developed by Claims Tribunal in consultation with each other and then slowly perfected over time. 2021:DHC:76 FAO 842/2003

13.15. For these issues, a form which is more of a checklist can be developed and the Claims Tribunal can simply correlate the claim, the response and the material on record and then come to a conclusion whether any issue arises or is to be treated as an admitted fact or what could the pointed issue that is to be framed.

13.16. These principles may be kept in mind by the Claims Tribunals while dealing with the motor accident claim cases.‖

12. In Mayur Arora v. Amit (supra), this Court summarized the procedure of proceedings before the Claims Tribunal in para 14 of the judgment which has to be followed by the Claims Tribunal while conducting an inquiry.

13. In order dated 07th December, 2018, this Court laid down the following guidelines for assessment of functional disability of the claimant(s) in injury cases: ―26. Guidelines for assessment of functional disability of the claimant in Injury Cases 26.[1] All injuries or permanent disability arising from the accident do not result in loss of earning capacity. 26.[2] The percentage of permanent disability with reference to the whole body of a person should not be mechanically assumed to be equal to the percentage of loss of earning capacity. The percentage of loss of earning capacity is not the same as the percentage of permanent disability (except in cases, where the Tribunal on the basis of evidence, concludes that percentage of loss of earning capacity is the same as percentage of permanent disability). 26.[3] The doctor, who treated or examined the injured-claimant and subsequently assessed the permanent disability, can give evidence of his medical opinion with regard to the extent of permanent disability. However, the percentage of loss of earning capacity is to be assessed by the Claims Tribunal by taking into consideration various other factors as mentioned below. 26.[4] The same percentage of permanent disability may result in different percentage of loss of earning capacity in different persons, 2021:DHC:76 FAO 842/2003 depending upon the nature of profession, occupation or job, age, education and other relevant factors. 26.[5] Ascertainment of the effect of the percentage of permanent disability on the actual earning capacity (percentage of loss of earning capacity) involves three steps:

(i) The Tribunal has to first ascertain what activities the claimant could carry on in spite of the permanent disability and what he could not do as a result of the permanent disability (this is also relevant for awarding compensation under the head of loss of amenities of life).

(ii) The second step is to ascertain his avocation, profession and nature of work before the accident, as also his age.

(iii) The third step is to find out whether:

a) The claimant is totally disabled from earning any kind of livelihood, or b) Whether in spite of the permanent disability, the claimant could still effectively carry on the activities and functions, which he was earlier carrying on, or c) Whether he was prevented or restricted from discharging his previous activities and functions, but could carry on some other or lesser scale of activities and functions so that he continues to earn or can continue to earn his livelihood. 26.[6] The Claims Tribunal may consider co-opting or taking the opinion of a medical expert from any Government Hospital for taking assistance in assessing the functional disability. However, cases in which medical expert is co-opted, should be taken by the Claims Tribunal at a designated time so that the doctor is not made to wait. The proceedings for assessment of the functional disability of the claimant with the assistance of a medical expert should preferably be conducted in camera and counsel for insurance company and authorised representative of the insurance company be permitted to remain present. 26.[7] The photographs of the injured portion should be taken on record in every injury case and a reasoned finding should be recorded in respect of the functional disability in terms of the principles laid down by the Supreme Court in Raj Kumar v. Ajay Kumar, (2011) 1 SCC 343. 2021:DHC:76 FAO 842/2003 26.[8] The photographs of the injured portion of the claimant should be annexed to the award to enable the Appellate Court to peruse the same in the event of the award being challenged. However, the photographs should not be uploaded on the website of the Court. 26.[9] In MAC.APP.1134/2017, this Court formed a Committee to frame guidelines for fixing the cost of artificial limbs for the victims of motor accidents. On 07th September, 2018, a list of cost of prosthetic limbs was prepared by the Committee which was submitted to this Court which has been circulated to the Claims Tribunals vide order dated 07th September, 2018. The Claims Tribunal shall consider the same while awarding the cost of prosthetic limbs.‖

14. In Jai Prakash v. National Insurance Co., S.L.P. (C.) 11801- 11804/2005, the Supreme Court vide order dated 13th May 2016 directed all States to implement the Claims Tribunal Agreed Procedure formulated by Delhi High Court in Rajesh Tyagi - I through the Motor Accident Claims Tribunals in co-ordination with the Legal Services Authorities as well as the Director General of Police of the respective States. The relevant part of the said order is reproduced hereunder:- ―Insofar as the said suggestion is concerned, learned Solicitor General drew our attention to the response filed before us on behalf of the General Insurance Council, in particular paragraph 4, which states that presently the procedure suggested in Paragraph 23 is being followed by the Insurance Companies in Delhi by way of a Scheme called ―Claims Tribunal Agreed Procedure‖ which was formulated by the Delhi High Court in the judgment dated 16.12.2009 passed in FAO No.842 (sic) of 2003 in Rajesh Tyagi & Ors. v. Jaibir Singh & Ors. It is also mentioned therein that Tribunal as well as the Legal Service Authority are taking effective steps to implement the said procedure, which is being carried out in the National Capital Territory of Delhi. In paragraph 5, it is further submitted that since this procedure has been successful in Delhi it can be extended on pan India basis. The agreed procedure has also been filed as Annexure R[5] with the response filed on behalf of the General Insurance Council. 2021:DHC:76 FAO 842/2003 We have also perused the procedure, which has been placed before us as Annexure R[5] with the response which, in our view, appears to be a comprehensive one and that we can issue further directions to the Registrar General of the Delhi High Court to ensure that procedure is strictly followed insofar as Delhi is concerned and also circulate the said procedure to all the other High Courts and the Registrar General of all the other High Courts are directed to ensure that the said procedure is implemented through the Motor Accidents Claims Tribunals in coordination with the Legal Service Authorities as well as the Director General of Police of the States concerned. The Registry of the Supreme Court is directed to forward a copy of this order along with Annexure R[5] (pages 32 to 46 in the response filed on behalf of the General Insurance Council) to all the High Courts including the Delhi High Court to ensure compliance of the present order.‖ (Emphasis Supplied)

15. On 12th December, 2014, this Court modified the Claims Tribunal Agreed Procedure. The order dated 12th December, 2014 is hereinafter referred to as Rajesh Tyagi - II.

16. In Jai Prakash v. National Insurance Co. (supra), the Supreme Court vide order dated 06th November, 2017 directed all States to implement the Modified Claims Tribunal Agreed Procedure formulated by this Court in Rajesh Tyagi - II. The copy of the Modified Claims Tribunal Agreed Procedure was directed to be circulated to the Registrar General of each High Court for necessary compliance. The relevant part of the said order is reproduced hereunder:- ―It is also pointed out by learned amicus curiae that the order passed by Justice Midha referred to in our order of 13th May, 2016 was actually modified by Justice Midha on 12th December, 2014. The order dated 13th May, 2016 will, therefore, stand modified to the extent that Justice Midha has himself modified his earlier order 2021:DHC:76 FAO 842/2003 on 12th December, 2014. The Registry will send a copy of this order as well as the order passed by Justice Midha on 12th December, 2014 to the Registrar General of each High Court for necessary information and compliance.‖

17. On 07th December, 2018, this Court further modified the Claims Tribunal Agreed Procedure to incorporate the directions contained in orders dated 15th December, 2017, 18th January, 2018, 09th March, 2018, 01st May, 2018, 20th July, 2018 and 07th September, 2018. The Modified Claims Tribunal Agreed Procedure (MCTAP) is part of the order dated 07th December, 2018, hereinafter referred to as Rajesh Tyagi - III.

18. In M. R. Krishna Murthi v. The New India Assurance Co. Ltd., 2019 SCC OnLine SC 315, the Supreme Court vide judgment dated 05th March, 2019 noted that there was no proper implementation of Claims Tribunal Agreed Procedure by the Claims Tribunals at all India level in terms of the directions of the Supreme Court in Jai Prakash v. National Insurance Co. (supra). The Supreme Court directed NALSA to take up the matter and monitor the same in co-ordination and co-operation with the various High Courts. The Supreme Court directed the State Judicial Academies to sensitize the Presiding Officers of Claims Tribunal, Senior Police Officers of the State Police as well as Insurance Companies for implementation of the Claims Tribunal Agreed Procedure. The Supreme Court also directed the Claims Tribunals in the entire country to implement MACAD Scheme contained in Rajesh Tyagi - III and directed the twenty one banks to implement the same on all India basis. The relevant part of the said judgment is reproduced hereunder:- ―32) Notwithstanding, the aforesaid ADR methods, adjudicatory 2021:DHC:76 FAO 842/2003 process before the MACTs is indispensable. There cannot be a guarantee that 100% cases would be settled through mediation or Lok Adalat. Therefore, there is a dire need for deciding these cases without delays and within reasonable period. The Delhi High Court has given few judgments providing for mechanism to speed up the disposal of such cases and to ensure that schemes are settled within a period of 90/120 days from the date of accident. In nutshell, these directions include that on the occurrence of accident, the police which comes into the picture in the first instance, should complete the investigation and along with filing of FIR before the concerned Court of Metropolitan Magistrate, copies are sent to MACT as well as Insurance Company also. Insurance Company is supposed to look into the same to find out as to whether the claim is payable and within 30 days it should respond to MACT and once all these documents are before the MACT in the form of evidence etc. as well it would enable the MACT to decide the case within 30 days. The case where entire procedure is articulated is judgment dated 16th December, 2009 in FAO No. 842 (sic) of 2003.This Court has also given its imprimatur in Jaiprakash v. National Insurance Company (SLP (Civil) No. 11801- 11804 of 2005) in its order dated 13th May, 2016…. xxx xxx xxx

33) Vide order dated 6th November, 2017 in Jaiprakash case, this Court modified its order dated 13th May, 2016 and directed all States to implement the Modified Claims Tribunal Agreed Procedure formulated by Delhi High Court on 12th December, 2014. The copy of the Modified Claims Tribunal Agreed Procedure was directed to be circulated to the Registrar General of each High Court for necessary compliance…... xxx xxx xxx 34)This needs to be followed at All India Level.

NALSA should take up and monitor the same as well in coordination and cooperation with various high courts to facilitate the same. xxx xxx xxx

37) Thus, direction for implementation of the ‗Claims Tribunal Agreed Procedure‘ which is substituted by modified procedure, as noted above, are already there. However, we find that there is no proper implementation thereof by the Claims Tribunals. We, thus, direct that there should be programs (sic) from time to time, in all 2021:DHC:76 FAO 842/2003 State Judicial Academies to sensitizing the presiding officers of the Claims Tribunals, Senior Police Officers of the State Police as well as Insurance Company for the implementation of the said Procedure.

38) The Modified Claims Tribunal Agreed Procedure as approved by High Court of Delhi in its aforesaid order dated 7th December, 2018 has the propensity to ensure speedy disposal of MACT cases. Likewise, Operative Documents of 21 documents which have implemented Annuity Deposit Scheme can ensure that compensation is delivered to the persons for whom it is meant. It has the element of annuity payments as well. There is, therefore, a need to implement the MACAD Scheme by the Claims Tribunals in the entire country. We direct accordingly. We also direct 21 banks to implement its operative documents on All India basis.‖ (Emphasis supplied)

19. Upon extensive research done by the Law Researcher attached to this Court, it came to the notice of this Court that law in many developed countries provide for mandatory formats to be filled up in motor accidents cases for expeditious disposal. The particulars of the relevant formats of the developed countries are as under:

1. USA New York, Department of Motor Vehicles New York Consolidated Laws, Vehicle and Traffic Law – Title 6- Accidents and Accident Reports - VAT § 600-606 - VAT § 606. Report required upon accident MV-104 - Report of Motor Vehicle Accident - Required to be filed with DMV by all drivers involved in reportable motor vehicle accidents

1. https://dmv.ny.gov/forms/m v104.pdf

2. https://cmvny.com/wpcontent/uploads/2011/05/NYS- DMV-MV-104-Report-of- Motor-Vehicle-Accident- Form.pdf

3. https://dmv.ny.gov/forms?pa ge=7 MV-104C - Bicycle Accident Report- Required to be filed by a bicyclist when a bike accident involving death

1. https://dmv.ny.gov/forms/m v104c.pdf 2021:DHC:76 FAO 842/2003 or serious physical injury occurs on a public highway, but DOES NOT involve a motor vehicle. MV-104COV - Police Accident Report Cover Sheet – Cover Sheet for Police Accident Report forms MV-104A and MV-104AN. This cover sheet was formerly form MV-104AC.

1. https://dmv.ny.gov/forms/m v104cov.pdf MV-104D - Police Report for Fatal Motor Vehicle Accidents

1. https://dmv.ny.gov/forms/m v104d.pdf MV-104EN - Early Notification of a Fatal Accident - Used to notify DMV, as required by law, that a fatal crash has occurred and a full report will be forthcoming

1. https://dmv.ny.gov/forms/m v104en.pdf MV-104F - Accident Report for School Vehicles Transporting Pupils/Teacher /Supervisors

1. https://dmv.ny.gov/forms/m v104f.pdfa MV-104F.[1] - Accident Report for School Vehicles Transporting Pupils/Teacher/Superviso rs (Continuation Sheet) Continuation sheet for additional information for form MV-104F.

1. https://dmv.ny.gov/forms/m v104f[1].pdf MV-104L - Report of Motor Vehicle Accident/Police Line of Duty Accident

1. https://dmv.ny.gov/forms/m v104l.pdf MV-104S - Truck and Bus Supplemental Police Accident Report - Truck and Bus Supplemental Police Accident Report is required to be used by police officers to report information about certain trucks, tractor-trailers and buses involved in accidents to DMV. This

1. https://dmv.ny.gov/forms/m v104s.pdf 2021:DHC:76 FAO 842/2003 form must be accompany the MV-104A(N) if the criteria in the instructions on the MV-104S are met.

2. USA New Hampshire Department of Safety Division of Motor Vehicles New Hampshire Revised Statutes Title XXI - Motor Vehicles Chapter 264 - Accidents and Financial Responsibility Section 264:26 - Uniform Police Investigation Report of Accident. NH Rev Stat § 264:26 State of New Hampshire Uniform Police Traffic Crash Report DSMV 159 (Rev. 11/07) DSMV291 (Rev.06/10) Driver Education Accident Report Operator's Report Symbol (DSMV 400)

1. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d smv291.pdf

2. https://www.nh.gov/safety/d ivisions/dmv/forms/index.htm

3. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d smv400.pdf Motor Carrier Accident Report (DSMV 161) - For Law Enforcement Use Only

1. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d smv161.pdf Operator (Driver) Accident Report (DSMV 400)

1. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d smv400.pdf Uniform Police Traffic Accident Report (DSMV 159) - For Law Enforcement Use Only

1. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d smv159.pdf

2. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d smv160.pdf Uniform Police Traffic Accident Report Key (DSMV 160) - For Law Enforcement Use Only

1. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d smv160.pdf

3. USA Alabama Department of Public Safety – Safety Responsibility Unit Code of Alabama 1975 Title 32. Motor Vehicles and Traffic § 32-10-7 - Written reports of accidents; release of information § 32-10-8 – Accident report forms § 32-10-9 - Coroners to report § 32-10-10- Garages to report accident and bullet damage § 32-10-11- Accident reports confidential Alabama Uniform Traffic Crash Report AST – 27 (Rev.06/08) Alabama - Uniform Traffic Crash Report - Truck/Bus Supplemental Sheet (6/08)

1. https://one.nhtsa.gov/nhtsa/s tateCatalog/states/al/docs/AL_P AR_06-08.pdf Alabama Crash Report 1991 – AST – 27 - (Rev.01/91) Now Not In Use – Replaced by AST – 27 (Rev.06/08)

1. https://one.nhtsa.gov/nhtsa/s tateCatalog/states/al/docs/Alaba ma.pdf 2021:DHC:76 FAO 842/2003 Alabama Operator Crash Report 1998 - SR – 13 Revised 1-98

1. https://one.nhtsa.gov/nhtsa/s tateCatalog/states/al/docs/AL_S R_13_OperatorReport_rev_1_1 998.pdf

4. USA Alaska Department of Transportation & Public Facilities Alaska Statutes Title 28. Motor Vehicles § 28.35.080 – Immediate notice of accident (b) State of Alaska Motor Vehicle Collision Report Form - 12-200 is to be used by all law enforcement officers to report motor vehicle crashes in Alaska. Appendix B

1. http://www.dot.state.ak.us/st wdplng/hwysafety/assets/pdf/Al aska_Motor_Vehicle_Collision_ Report_Manual_Jan_2016.pdf

2. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/a k_2013_12- 200_paper_report_sub6_4_12.p df Alaska Motor Vehicle Crash Form 12-209 for Driver

1. http://www.dot.state.ak.us/1 2209V4/jsp/12209main.jsp#for mBtn

5. USA Arkansas Safety Responsibility Section Arkansas Code Title 27 - Transportation Subtitle 4 - Motor Vehicular Traffic Chapter 53 - Accidents Subchapter 3 - Investigations § 27-53-303 - Jurisdiction and responsibilities of law enforcement officers Arkansas Motor Vehicle Accident Report Form ―SR-1‖

1. https://www.dfa.arkansas.go v/images/uploads/driverServices Office/SR121.pdf.

2. http://workzone.eng.wayne.e du/crash_report/State_Reports/A rkansas_Crash_(1-07).pdf Arkansas - Motor Vehicle Crash Report: (1/07) - Crash Report - Crash Summary

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/2 016-04- 07_arkansas_crash_rport.pdf

2. https://static.ark.org/eeuploa ds/asp/crash_report_instruction_ manual_web_jan_2007.pdf.

6. USA Arizona Arizona Revised Statutes Title 28. Transportation § 28-667 - Written accident report FORM 01-2704A R 11/2017 - standard report form. FORM 01-2704A R 06/2010 - standard report form. FORM 01-2704B R 07/2010 - continuation of the standard report form

1. https://www.nhtsa.gov/docu ment/arizona-crash-report-01- 2704a-revised-112017

2. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/fi nal_crash_report.pdf 2021:DHC:76 FAO 842/2003 FORM 01-2704C R 06/2010 - Narrative - This is a continuation form for the standard report form. FORM 01-2705 R 06/2010 - The Fatal Supplement must be completed for each person that is killed in a crash. FORM 01-2708 R8/92 - This form can be used for crash measurements when there is an extensive crash scene. FORM 01-2710 R 07/2010 - Supplemental Truck / Bus Crash Report. This form should be completed when any circle & any diamond are checked on Form 01- 2704A. FORM 01-2712 R07/2010 - Occupant Supplement.

3. https://www.nhtsa.gov/nhtsa /stateCatalog/states/az/docs/AZ_ Crash_Manual_rev8_2010_sub_ 3_2011web.pdf

7. USA California 2011 California Code Vehicle Code Division 10. Accidents & Accident Reports [20000 - 2001[8]] Chapter 1. Accidents & Accident Reports Section 20000 - 2001[8] CA Veh Code §§ 20000 - 2001[8] (through 2012 Leg Sess) Traffic Collision Report. Chp 555 (Rev.7-03) OPI State of California narrative/supplemental CHP 556 (Rev. 7-03) OPI 042 STD-270: Vehicle Accident Reporting Form for State Drivers STD-268: Accident Report (Other Than Motor Vehicle) STD-274: Supervisor Review of State Driver Accidents

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/ca _chp555_sub6_2012.pdf

2. http://www.bidnet.com/bnea ttachments?/374267997.pdf

3. https://www.documents.dgs. ca.gov/dgs/fmc/pdf/std270.pdf

4. https://www.documents.dgs. ca.gov/dgs/fmc/pdf/std268.pdf

5. https://www.documents.dgs. ca.gov/dgs/fmc/pdf/std274.pdf

8. USA Colorado Department of Transportation Colorado Revised Statutes Annotated Title 42. Vehicles and Traffic Regulation of vehicles and Traffic Article 4. Regulation of Vehicles & Traffic DR3447 Traffic Crash Report Form DR3447 is the new crash report form for Colorado, replacing the DR2447

1. https://www.codot.gov/abou t/committees/strac/dr3447folder/dr3447-crash-reportofficial-released-form

2. https://www.codot.gov/abou t/committees/strac/dr3447- 2021:DHC:76 FAO 842/2003 Part 16. Accidents AND Accident Reports C.R.S. 42-4-1606 -1608 [Model Traffic Code For Colorado, 2020 has omitted chapter of Accidents Reports] folder/using-the-dr3447/dr3447paper-report-page-handling

9. USA Connecticut Department of Transportation Connecticut Vehicle Code § 9-26-1-1.[1] Car accident reporting Connecticut Vehicle Code § 14-224 Uniform investigation of accident report Connecticut General Statutes Title 14. Motor Vehicles. Use of the Highway by Vehicles. Gasoline § 14- 108a Uniform investigation of accident report. Connecticut Uniform Police Crash Report Form PR-1 REV September 14, 2015 Connecticut Uniform Fatal Crash Supplement PR-2 REV January 2016

1. https://www.nhtsa.gov/docu ment/connecticut-uniformpolice-crash-report-form-pr-1revised-2015

2. https://www.nhtsa.gov/docu ment/connecticut-uniform-fatalcrash-supplement-pr-2-revised-

3. https://portal.ct.gov/- /media/DOT/documents/dTrans portation_Safety/CrashData/For mPR1DemonstrationWithAllPa gespdf.pdf

4. https://portal.ct.gov/- /media/DOT/documents/dTrans portation_Safety/CrashData/For mPR2pdf.pdf

10. USA Delaware Delaware Code Title 21 Motor Vehicles Operation and Equipment Chapter 42. Reports of Accidents; Penalties; Interpretation of Laws Delaware Code Title 21 § 4203 (d) (Electronic) State of Delaware Uniform Collision Report

1. https://one.nhtsa.gov/nhtsa/s tateCatalog/states/de/docs/DE_P AR_PaperlessScreens_sub_2_6_ 07.pdf

2. https://one.nhtsa.gov/nhtsa/s tateCatalog/states/de/docs/DE_P AR_Form438_rev_10_1987.pdf

3. https://www.nhtsa.gov/docu ment/electronic-state-delawareuniform-collision-report

11. USA District of Columbia Code of the District of Columbia § 50-1001 § 50–1731.07. Police officer’s report. § 50–1301.10. Accident report — Required. [Now Repealed] Accident Report (PD-10) 1. https://mpdc.dc.gov/sites/def ault/files/dc/sites/mpdc/service_ content/attachments/PD%20For m%2010B_fillableform.pdf

12. USA Florida Florida Code Title XXIII Motor Vehicles Chapter 316 State Uniform Traffic Control 316.065-69 Crashes; Reports; Florida Crash Report HSMV-90010S(E), Rev. 6/2013 Florida Operator Report HSMV 90011S

1. https://one.nhtsa.gov/nhtsa/s tateCatalog/states/fl/docs/FL_P AR_HSMV90010S(E)_rev06- 13.pdf

2. https://one.nhtsa.gov/nhtsa/s tateCatalog/states/fl/docs/FL_O 2021:DHC:76 FAO 842/2003 Penalties. etc. FL Stat § 316.065-69 (2019) peratorReport_sub5_2011.pdf

13. USA Georgia Georgia Vehicle Code § 40-9-32 Proof of insurance after an accident Georgia Vehicle Code § 40-9-35 Right to reach private accident settlement Georgia Vehicle Code § 40-9-31 Handling of police reports Personal Report of Accident DHS Transportation Manual- Exhibit 28 Appendix 24 – Vehicle Operator Initial Accident and Incident Reporting Form Appendix 25 – Vehicle Operator Accident and Incident Follow-up Reporting Form

1. http://odis.dhs.state.ga.us/Vi ewDocument.aspx?docId=30051 49&verId=1

2. https://dhs.georgia.gov/docu ment/publication/transportationmanual/download

14. USA Hawaii 2019 Hawaii Revised Statutes Title 17. Motor and Other Vehicles291C. Statewide Traffic Code 291C-17 Written reports of accidents. Requirements on scene: §291C-11 to 291C-18 Police notification/report: §291C-16 to 291C-20; 287-4 HI Rev Stat § 291C-17 (2019) DOT-1-174D (HWY-T) Rev. 06/08

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m var_final_combined_pages.pdf

15. USA Iowa IA Code § 321.263 Reporting personal injury accident IA Code § 321.266 Reporting accidents Investigation Officer’s of Motor Vehicle Accident Form 433003 (11-13)

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/ia _par_rev11_2013_implement20 15.pdf

2. https://iowadot.seamlessdoc s.com/f/IowaAccidentReport

3. https://iowadot.gov/forms/4 33014.pdf

16. USA Idaho Idaho Code § Section 49-1306 – Written Reports of Accidents § Section 49-1307 - Accident Report Forms Idaho Vehicle Collision Report Idaho ITD-0090 Crash Form, 2011

1. https://one.nhtsa.gov/nhtsa/s tateCatalog/states/id/docs/ID_Cr ash_Report_rev3_2011_sub3_2 012.pdf

17. USA Illinois Department of Transportation Illinois Compiled Statutes (625 ILCS 5/11-408) from Ch. 95 1/2, par. 11- Illinois SR 1050 Crash Report, 1/2013

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/il _crash_report_instruction_manu 2021:DHC:76 FAO 842/2003 408) SR 1050A Additional Units/Amended Report Form SR 1 Motorist Report Form, singles al_2013.pdf

2. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/il _sr1000_par_rev1_2013_sub12_ 2013.pdf

18. USA Indiana Indiana Vehicle Code § 9-26-1-1.[1] After an accident Indiana Officer's Standard Crash Report

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/in _electronicvcrs_crashreport_sub 12_2013.pdf

19. USA Kansas Kansas Uniform Act Regulating Traffic Sections 8-1604; 8-1605; and 8-1609 Kansas Crash Report Form No. 850 Rev. 1/2005 Kansas Crash Report Form 850-A Rev. 1/2009

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/ks _par_rev2005_sub_06_05_2006. pdf

2. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/ks _par_850a_rev9_2009_sub10_2 011.pdf

20. USA Kentucky Kentucky Revised Statutes, Title XVI Motor Vehicles § 189.635 Kentucky Electronic KSP 74, Revised 7/2008 Kentucky Crash Report KSP 74, Revised 01/2000 Kentucky CMV Crash Report KSP 74A Kentucky Paper Crash Report KSP 74 Revised 6/2004

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/k y_ksp74_rev7_2008_sub4_2012.pdf

2. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/k y_par_ksp_74_rev_1_2000_0.pd f

3. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/k y_cmv_ksp_74a_rev_1_2000.pd f

4. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/k y_paper_collision_report_ksp74 _6_2004_sub4_2012.pdf

21. USA Louisiana Louisiana Revised Statutes, Title 32 § 398 State of Louisiana Uniform Motor Vehicle Traffic Crash Report Form - DPSSP 3105 (Rev. Mar. 2005)

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/la _crash_report_rev_3_2005_sub_ 5_22_08.pdf

22. USA Maine Requirements on scene: §2252 to 2255 Police notification/report: §2251 Maine Crash Report Form 13:20A Revised 1/2010

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m aine_par_rev1_2010_sub_6_201 1.pdf 2021:DHC:76 FAO 842/2003

23. USA Maryland MD Transportation Code § 20-107 Post-accident reporting to MVA MD Transportation Code § 20-104 Car accident reporting guidelines MD Transportation Code § 20-106 Reporting accident with domestic animals Maryland MSP Form #1 Crash Report, Revised 1/1993

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m aryland_0.pdf

24. USA Massachusetts Massachusetts General Laws Chapter 90 § 26 Massachusetts CRA-65 Rev 2.0 Crash Report, Revised 02/2005

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m a_par_02_2005.pdf

25. USA Michigan Motor Vehicles § 257.622 Duty to report accidents Motor Vehicles § 257.621 Duty to report damage to unattended property Motor Vehicles § 257.620 Duty to report accident with parked car Motor Vehicles § 257.623 Accident reporting by mechanics Michigan UD-10 Crash Form, Revised 01/2004

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m i_ud10_crashform_01_2004.pdf

26. USA Minnesota Minnesota Statutes Insurance (Ch. 59A- 79A) 65B.42 (Purpose) Minnesota Statutes Insurance (Ch. 59A- 79A) 65B.46 (Right to Benefits) Minnesota Statutes Transportation (Ch. 160- 174A) 169.09 (Cannot leave accident scene) Minnesota PS-32003-10 Crash Report Minnesota PS-32001-08 Operator Report (Operator Report) Minnesota PS-32003, revised 1/1991 and PS- 32003-7

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m n_par_01_2003.pdf

2. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m n_operator_report.pdf

3. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m n_par_ps32003_1_1991.pdf

27. USA Mississippi Requirements on scene: §63-3-401 to 63-3-409 Police notification, report: §63-3-411 to 63- 3-417 Mississippi Uniform Crash Report, revised 10/2009 Mississippi Uniform Crash Report SR-3 and

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m s_par_rev10_1_09_sub9_17_10. pdf

2. nhtsa.gov/sites/nhtsa.dot.gov 2021:DHC:76 FAO 842/2003 Supplement, Revised 10/1984 /files/documents/ms_par_sr3_re v10_1984.pdf

28. USA Missouri Missouri Code § 300.030 Traffic division to investigate accidents Missouri Code § 300.110 Immediate notice of accident within city Missouri Code § 303.040 Reporting an uninsured motorist following an accident Motor Vehicle Accident Report Form 1140 Rev.[6] – 2006 Missouri SHP-2Q Crash Report, Revised 01/2012

1. https://dor.mo.gov/forms/11 40.pdf

2. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m o_par_rev01_2012.pdf

29. USA Montana Montana Uniform Accident Reporting Act Sections 61-7-108, 61-7- 109, and 61-7-110 Montana Crash Report Form HQ1599

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/m t_nhq1599.pdf

30. USA Nebraska Nebraska Vehicle Code § 60-699 Reports required of operators Nebraska Vehicle Code § 60-696 Reporting accident with unattended car/property Nebraska DR Form 40, Revised 8/2012 Nebraska Truck and Bus Supplement Form DR40, Revised 04/2009 Nebraska Continuation Form DR40a, Revised 01/2009 Nebraska DR Form 40, Revised 01/2009 Nebraska DR Form 40, Revised 01/2002

1. https://www.nhtsa.gov/docu ment/nebraska-dr-form-40revised-82012

2. https://www.nhtsa.gov/docu ment/nebraska-truck-and-bussupplement-form-dr40-revised-

3. https://www.nhtsa.gov/docu ment/nebraska-continuationform-dr40a-revised-012009

4. https://www.nhtsa.gov/docu ment/nebraska-dr-form-40revised-012009

5. https://www.nhtsa.gov/docu ment/nebraska-dr-form-40revised-012002

31. USA Nevada Nevada Revised Statutes Sections 484E.070 and 484E.080 Nevada SR-1 Operator Report, revised 4/2008 Nevada Property Damage Only Report, revised 8/2006 Nevada Crash Report, revised 1/2004

1. https://www.nhtsa.gov/docu ment/nevada-sr-1-operatorreport-revised-42008

2. https://www.nhtsa.gov/docu ment/nevada-property-damageonly-report-revised-82006

3. https://www.nhtsa.gov/docu ment/nevada-crash-reportrevised-12004

32. USA New Hampshire New Hampshire Motor Carrier Accident Report, rev. 05/08

1. https://www.nhtsa.gov/docu ment/new-hampshire-motorcarrier-accident-report-rev-0508 2021:DHC:76 FAO 842/2003 New Hampshire Uniform Traffic Crash Report, rev. New Hampshire PAR DSMV-160, rev. 08/93

2. https://www.nhtsa.gov/docu ment/new-hampshire-uniformtraffic-crash-report-rev-1107

3. https://www.nhtsa.gov/docu ment/new-hampshire-par-dsmv- 160-rev-0893

33. USA New Jersey New Jersey Statutes Chapter 39 (Motor Vehicles & Traffic Regulation) § 4-130 State of New Jersey Police Crash Investigation Report NJTR-1, Revised 04/2010

1. https://www.state.nj.us/trans portation/refdata/accident/pdf/N JTR-1.pdf

34. USA New Mexico New Mexico Statutes Sections 66-7-206, 66-7- New Mexico SH 10074 Uniform Crash Report, Revised 1/2011

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/n m_par_code_sheet_rev1_2011.p df

35. USA North Carolina NC Motor Vehicles § 20- 166.[1] Reports and investigations required in event of accident NC Motor Vehicles § 20- 166 Duty to stop in event of a crash, furnishing information North Carolina Crash Report DMV-349, 1/2009

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/n c_par_dmv-349_rev1_2009.pdf

2. https://www.nhtsa.gov/docu ment/north-dakota-sfn2344crash-report-revised-52009

3. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/n d_par_rev_12_2006_sub_5_21_ 07.pdf

36. USA North Dakota North Dakota Vehicle Code § § 39-08-

09 Immediate notice of accident North Dakota Vehicle Code § 39-07-12 Garages to report North Dakota DOT2356 Overlay, revised 6/2009 North Dakota SFN2344 Crash Report, revised 5/2009

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/n d_overlay_dot2356_rev6_2009_ sub11_5_09.pdf

2. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/n d_par_sfn2355_rev5_2009_sub[1] 1_5_09.pdf

37. USA Ohio 2019 Ohio Revised Code Title [45] XLV Motor Vehicles - Aeronautics - Watercraft Chapter 4509 - Financial Responsibility Section 4509.06 - Accident report alleging uninsured driver or owner. Ohio Rev Code § 4509.06 (2019) Ohio OH-1 Crash Report, Revised 1/2012 OH PAR - Occupant Information, rev. 6/2009 OH PAR - Vehicle & Crash Information, rev. 6/2009 OH PAR - Narrative & Diagram, rev. 6/2009

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/o h-1_rev1_2012.pdf

2. https://www.nhtsa.gov/docu ment/oh-par-occupantinformation-rev-62009

3. https://www.nhtsa.gov/docu ment/oh-par-vehicle-crashinformation-rev-62009

4. https://www.nhtsa.gov/docu ment/oh-par-narrative-diagram- 2021:DHC:76 FAO 842/2003 rev-62009

38. USA Oklahoma Oklahoma Stat § 47-10- 107 Immediate reporting of injury accidents Oklahoma Stat § 47-10- 108 Filing an accident report Oklahoma DPS 0192-01 Crash Report, Revised 01/2007

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/o k_par_rev01_07_sub_08_16_06. pdf

39. USA Oregon Oregon Revised Statutes, Oregon Vehicle Code § 811.720 Oregon Traffic Accident and Insurance Report, Revised 1/2011 Oregon 735-46AB Crash Report, Revised 6/2007 Truck/Bus Supplement, Revised 11/2011

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/or _operatorreport_rev1_11_sub7_ 12.pdf

2. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/or _par_46ab_rev6_2007.pdf

3. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/or _truckbus_supp_rev11_11.pdf

40. USA Pennsylvania Pa.C.S.A. Vehicles § 3747 Written report of accident Pa.C.S.A. Vehicles § 3746 Immediate notice of accident to police Pennsylvania Crash Form, Revised 12/2002 Instructions, Revised 12/2002

1. https://www.nhtsa.gov/docu ment/pennsylvania-crash-formrevised-122002

2. https://www.nhtsa.gov/docu ment/instructions-revised-

41. USA Rhode Island Rhode Island General Laws - Title 31. Motor and Other Vehicles Requirements on scene: §31-26-1 to 31-26-5 Police notification: §31-26-3.[2] Accident reports: §31-26-6 to 31-26-16 Rhode Island Uniform Crash Report 12/2013

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/ri _par_sent_12_5_2013.pdf

42. USA South Carolina Motor Vehicles § 56-5- 1260 Immediate report of accidents resulting in personal injury or death Motor Vehicles § 56-5- 1270 Making written reports of certain accidents South Carolina TR-310 Crash Report Form, revised 11/2011 CMV and Bus Supplement, revised 4/2009

1. https://www.nhtsa.gov/docu ment/south-carolina-tr-310crash-report-form-revised-

2. https://www.nhtsa.gov/docu ment/cmv-and-bus-supplementrevised-42009

43. USA South Dakota Motor Vehicles § 32-34-

7 Immediate accident notification Motor Vehicles § 32-34- 13 Accident Reports not privileged South Dakota Crash Form DPS-AR[1], revised 12/11/2003 South Dakota Crash Form Overlay DPS-AR[2], revised 12/11/2003

1. https://www.nhtsa.gov/docu ment/south-dakota-crash-formdps-ar1-revised-12112003

2. https://www.nhtsa.gov/docu ment/south-dakota-crash-formoverlay-dps-ar2-revised- 2021:DHC:76 FAO 842/2003

44. USA Tennessee Tenn. Vehicle Code § 55- 10-107 Owner/Driver Accident Report Filing Tenn. Vehicle Code § 55- 10-106 Reporting Accidents to Law Enforcement Tenn. Vehicle Code § 55- 10-104 Accident with unattended vehicles, written notice Tennessee TITAN eCrash Report, Revised

1. https://www.nhtsa.gov/docu ment/tennessee-titan-ecrashreport-revised-2009

45. USA Texas Texas Transportation Code § 601.004 Texas CR-3 Alternate Crash Report, revised 7/2011 Texas CR-3 Crash Report with Additional Persons Supplements, revised 1/2010 Texas CR-2 Operator Report, revised 2/2010 Texas CR-3 Peace Officer's Crash Report, revised 3/2009 Texas CR-3C Peace Officer's Commercial Vehicle Crash Report, revised 6/2008

1. https://www.nhtsa.gov/docu ment/texas-cr-3-alternate-crashreport-revised-72011

2. https://www.nhtsa.gov/docu ment/texas-cr-3-crash-reportadditional-persons-supplementsrevised-12010

3. https://www.nhtsa.gov/docu ment/texas-cr-2-operator-reportrevised-22010

4. https://www.nhtsa.gov/docu ment/texas-cr-3-peace-officerscrash-report-revised-32009

5. https://www.nhtsa.gov/docu ment/texas-cr-3c-peace-officerscommercial-vehicle-crashreport-revised-62008

46. USA Utah Requirements on scene: §41-6a-401 to 41- 6a-401.[9] Police notification: §41- 6a-401; 41-6a-401.[7] Accident reports: §41-6a- Utah Crash Report DI-9, Rev. 3/2006 Utah DI-9 Overlay, Rev. 1/2015

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/ut ah_di-9_par_rev3_2006.pdf

2. https://www.nhtsa.gov/docu ment/utah-di-9-overlay-rev-

47. USA Virginia Virginia Codes (Motor Vehicles) § 46.2-894 Virginia Crash Report FR300-P, Rev. 7/2007

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/v a_fr300_rev7_2007.pdf

48. USA Vermont Vermont Statutes Title

23. Motor Vehicles § 1128- Accidents §1129 - Accident reports Vermont Crash Report Form Printed 11/2013

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/vt _par_printed11_2013.pdf

49. USA Washington Washington Codes (Motor Vehicles) Washington Crash Report 3000-345-159R,

1. https://www.nhtsa.gov/docu ment/washington-crash-report- 2021:DHC:76 FAO 842/2003 § 46.52.030 rev. 7/2006 3000-345-159r-rev-72006

50. USA West Virginia Virginia Code § 17C-4-

6 Immediate notification of crashes Virginia Code § 17C-4- 7 Report of crashes Virginia Code § 17C-4- 9 Crash report forms West Virginia DMV-17- C Crash Report, Revised 2/2007

1. https://www.nhtsa.gov/docu ment/west-virginia-dmv-17-ccrash-report-revised-22007

51. USA Wisconsin Wisc. Vehicle Code §

346.70 Accident reporting Wisconsin MV 4000-899 Crash Report, Revised 9/2007 Fatal Supplement MV 3480, Revised 12/2005 Operator Report MV 4002, Revised 12/2005

1. https://www.nhtsa.gov/docu ment/wisconsin-mv-4000-899crash-report-revised-92007

2. https://www.nhtsa.gov/docu ment/fatal-supplement-mv- 3480-revised-122005

3. https://www.nhtsa.gov/docu ment/operator-report-mv-4002revised-122005

52. USA Wyoming Requirements on scene: §31-5-1101 to 31- 5-1104 Police notification/reports: §31- 5-1105 to 31-5-1112 Wyoming PR902 Crash Report, revised 6/2006 PR 902A Additional Vehicle Supplement, revised 6/27/2006 PR902B Truck / CMV Supplement, revised 6/28/2006 PR902C Non-Motorist Supplement, revised 6/26/2006 PR902E Bus Supplement, revised 7/5/2006 Wyoming PR901 Operator Report, revised 06/2006 PR 901B Operator Truck/CMV/Bus Supplemental Report, revised 11/16/2006

1. https://www.nhtsa.gov/docu ment/wyoming-pr902-crashreport-revised-62006

2. https://www.nhtsa.gov/docu ment/pr-902a-additionalvehicle-supplement-revised-

3. https://www.nhtsa.gov/docu ment/pr902c-non-motoristsupplement-revised-6262006

4. https://www.nhtsa.gov/docu ment/pr902e-bus-supplementrevised-752006

5. https://www.nhtsa.gov/docu ment/wyoming-pr901-operatorreport-revised-062006

6. https://www.nhtsa.gov/docu ment/pr-901b-operatortruckcmvbus-supplementalreport-revised-11162006

53. USA Guam Guam Police Crash Report, revised 7/2007

1. https://www.nhtsa.gov/docu ment/guam-police-crash-reportrevised-72007 2021:DHC:76 FAO 842/2003

54. USA Puerto Rico Puerto Rico PPR-94 Crash Report, Revised 01/1988

1. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/pr _par1web.pdf

55. USA Virgin Islands Virgin Islands Uniform Crash Report, approved 5/2007

1. https://www.nhtsa.gov/docu ment/virgin-islands-uniformcrash-report-approved-52007

56. UK Driver and Vehicle Standards Agency Section 170 of the Road Traffic Act 1988 Report an incident or collision involving a public service vehicle (PSV) DVSA PSV112 October 2019

1. https://assets.publishing.serv ice.gov.uk/government/uploads/ system/uploads/attachment_data /file/839674/Report-an-incidentor-collision-involving-a-publicservice-vehicle.pdf

57. Europe France, Switzerland Federal Council, Swiss Government 741.01 Federal Law on Road Traffic (LCR) Constat Amiable D‘ Accident Automobile European Accident Statement

1. https://www.smeno.com/file admin/user_upload/constat_ami able_auto.pdf

2. https://web.wcc.axa.be/wcc/ SiteCollectionDocuments/ES.P DF

20. The Transport Research Wing (TRW) of Ministry of Road Transport and Highways has devised Road Accident Recording & Reporting Formats to be furnished by all State Police Departments to the Ministry of Road Transport and Highways. The Ministry has devised 18 formats in five sections namely, accident identification details; road related details; vehicles involved in accident; driver’s details; and persons other than drivers involved in accident.

21. This Court is of the view that it would be appropriate to incorporate the benevolent provisions of the formats of the developed countries and the formats devised by Ministry of Road Transport and Highways, in the formats developed by this Court.

22. On 31st August, 2020, this Court considered the mandatory formats of the developed countries relating to motor accident claims as well as the 2021:DHC:76 FAO 842/2003 formats developed by Transport Research Wing (TRW) of Ministry of Road Transport and Highways. This Court impleaded and directed Transport Research Wing (TRW) of Ministry of Road Transport and Highways to undertake the task of revising the DAR to incorporate the best practices from the formats of the developed countries as well as the formats of the Transport Research Wing (TRW) of Ministry of Road Transport and Highways.

23. On 14th September, 2020, Transport Research Wing (TRW) of Ministry of Road Transport and Highways constituted a High Power Expert Committee on the directions of this Court to incorporate the best practices relating to the accident forms of the developed countries and to revise the DAR. The Committee comprised of the following experts:

(i) Ms. Babni Lal, Economic Advisor Transport, MoRTH as

(ii) Mr. Pramod Kumar, Inspector General of Police, Tamil Nadu

(iii) Mr. Sriram Taranikanti, Principal Secretary, Transport, Govt. of

(iv) Mr. Sanjeev Kumar, Chief Engineer, Road Safety Wing,

(v) Dr. B.N. Shetty, Director Technical, Ministry of Home Affairs

(vi) Prof. Geetam Tiwari, Professor, Indian Institute of Technology

(vii) Prof. Venkatesh Balasubramanyam, Professor, Indian Institute of Technology Madras

(viii) Ms. Tanu Jain, Assistant Director General, Ministry of Health & Family Welfare 2021:DHC:76 FAO 842/2003

(ix) Dr. A. Mohan, Scientist, National Informatics Centre

(x) Dr. Aditya Medury, Assistant Professor, Indian Institute of

(xi) Dr. G. Gupta, National Consultant, World Health Organization

(xii) Mr. Vivek Kishore, Director – Road Safety, MoRTH

(xiii) Mr. R.K. Puri, Assistant Director, TRW, Member Secretary

(xiv) Ms. Y. Priya Bharath, CGM, IRDA as Special Invitee

24. On 25th September, 2020, the Expert Committee submitted its Report dated 21st September, 2020 along with the revised DAR. On 25th September, 2020, Mr. Rajesh Deo, DCP-Legal Cell (PHQ) of Delhi Police pointed out that the Supreme Court has constituted a Committee for implementation of the Special Scheme formulated by Delhi High Court all over the country in terms of the directions contained in Jai Prakash (supra) and M. R. Krishna Murthi (supra). The DGPs of the police of various States submitted before the Supreme Court Committee that the format of DAR be simplified; the DAR be divided into 2-3 parts; and the essential information/documents be furnished at an early stage and the time period for furnishing the remaining information be extended. Delhi Police sought extension of time to file the DAR from 30 days to 90 days on the ground that the Motor Vehicles Act, 1988 has been recently amended on 09th August, 2019 by the Motor Vehicles (Amendment) Act, 2019 by which Section 159 has been incorporated. Section 159 requires the police to file Accident Information Report within three months. This Court directed the Delhi Police to submit their suggestions for the division of DAR into 2-3 parts to the Committee.

25. Mr. Kirtiman Singh, learned Standing Counsel for Central Government; Mr. Rahul Mehra, learned Standing Counsel for Delhi Police; 2021:DHC:76 FAO 842/2003 Mr. Sidharth Luthra, Mr. Vikas Pahwa, Mr. Rajshekhar Rao and Mr. Satyam Thareja assisting this Court as Amici Curiae and Mr. S.P. Jain, learned counsel for GoDigit GIC have given suggestions to the Expert Committee.

26. Mr. H.S. Phoolka, learned Senior Counsel submits on behalf of urged at the time of hearing that Bachpan Bachao Andolan has filed C.M.31818/2020 for incorporating appropriate provisions in the Scheme for the protection and care of minor children of the victim(s) as per the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015. It is submitted that in case of any minor child/children of the victim(s) of the accident, an appropriate Form be formulated to be submitted by the victim(s) to the Investigating Officer containing the relevant particulars namely name, age, gender, details of the school/class in which child is studying, the details of the school fees and expenditure of the child on education, medical etc. within 60 days of the accident and the Investigating Officer be directed to send this Form along with the DAR to Child Welfare Committee to ascertain whether the child is in need of care and protection as per the provisions of Juvenile Justice (Care and Protection of Children) Act,

2015. It is further submitted that the copy of this Form be also sent to Delhi State Legal Services Authority (DSLSA) to assign a lawyer to assist the child/children of the victim(s) to avail their legal remedies/rights including education.

27. The Expert Committee considered the suggestions of Delhi Police, learned amici curiae as well as the counsels mentioned above and submitted the Reports dated 12th October, 2020 and 05th November, 2020. Conclusion

28. On careful consideration of the Reports of the Committee appointed 2021:DHC:76 FAO 842/2003 by Ministry of Road Transport and Highways, this Court considers it appropriate to modify the Claims Tribunal Agreed Procedure formulated by this Court in Rajesh Tyagi - III.

29. This Court is of the view that it would be appropriate to extend the time for filing of Detailed Accident Report (DAR) from 30 days to 90 days to bring the Scheme in consonance with Section 159 of the amended Motor Vehicles Act. This Court has divided the Detailed Accident Report (DAR) into three parts: Interim Accident Report (IAR) to be filed within 50 days of the accident, Detailed Accident Report (DAR) to be filed within 90 days of the accident and Victim Impact Report (VIR) to be filed after the conviction of the accused.

30. This Court has incorporated the benevolent provisions of the formats of the developed countries and the formats of Transport Research Wing (TRW) of Ministry of Road Transport and Highways in this Scheme. This Court has introduced the Forms to be filled by the Driver, Owner, and Victim(s) in the New Scheme.

31. This Court has formulated a new Scheme for Motor Accident Claims which is annexed to this judgment. The salient features of this Scheme are as under:-

I. The Investigating Officer shall intimate the accident to the Claims

Tribunal by submitting First Accident Report (FAR) in Form - I within 48 hours of the intimation of the accident. If the particulars of insurance policy are available, the intimation of the accident in Form - I shall be given to the Nodal Officer of the concerned Insurance Company of the offending vehicle. The Investigating Officer shall furnish the copy of FAR to the victims as well as DSLSA. The Investigating Officer shall furnish the copy of FAR to 2021:DHC:76 FAO 842/2003 Delhi State Legal Services Authority (DSLSA). The particulars of the accident shall also be uploaded on the website of Delhi Police.

II. The driver of the vehicle(s) involved in the accident shall furnish the relevant information namely his name, age, gender, income, driving license, period of validity of license, vehicle registration number, particulars of the owner and insurance of the vehicle etc., to the Investigating Officer in Form-III within 30 days of the accident.

III. The owner of the vehicle(s) involved in the accident shall furnish the relevant information namely particulars of the driver, particulars of the insurance policy, particulars of permit and fitness etc. in Form - IV to the Investigating Officer within 30 days of the accident.

IV. The Investigating Officer shall submit Interim Accident Report (IAR) in Form - V before the Claims Tribunal within 50 days of the accident.

V. The Victim(s) of the accident shall furnish the relevant information and the documents to the Investigating Officer in Form - VIA and VIB within 60 days of the accident.

VI. The Investigating Officer shall furnish the copy of the Victim’s Forms along with the documents to the Insurance Company of the offending vehicle along with DAR whereupon the Insurance Company shall verify the information and documents furnished by the victim(s) within 30 days of the receipt of the DAR.

VII. The Investigating Officer shall send the copy of the Victim’s Form -

VIB to the Child Welfare Committee along with DAR whereupon the Child Welfare Committee shall conduct an inquiry to ascertain whether the child/children of the victim(s) is/are in need of protection and care in terms of the Juvenile Justice (Care and Protection of Children) Act, 2015. 2021:DHC:76 FAO 842/2003

VIII. The Investigating Officer shall complete the investigation of the criminal case and file the Report under Section 173 CrPC before the Metropolitan Magistrate within 60 days of the accident.

IX. The Investigating Officer shall complete the verification of the information and documents furnished by the driver and owner of the vehicle(s) and submit the DAR with the Claims Tribunal in Form - VII within 90 days of the accident.

X. In the event of failure of the driver(s), owner(s), Insurance Company and/or claimant(s) to disclose any relevant information and documents, the Investigating Officer shall seek necessary directions from the Claims Tribunal whereupon the Claims Tribunal shall direct the parties in default to submit the requisite Form i.e. Driver’s Form - III, Owner’s Form - IV or Victim’s Form - VIA and VIB, along with the relevant documents directly with the Claims Tribunal within 15 days.

XI. The Insurance Company shall examine the DAR and shall submit its decision before the Claims Tribunal in Form - XI within 30 days of the receipt of the copy of the DAR from the Investigating Officer.

XII. After the conviction of the accused in the criminal case, the learned

Metropolitan Magistrate shall send the copy of the judgment as well as the affidavit of the accused with respect to his assets and income to DSLSA whereupon DSLSA shall conduct a summary inquiry and submit a Victim Impact Report (VIR) in Form - XII before the learned Metropolitan Magistrate within 30 days in terms of the Full Bench judgment of this Court in Karan v. State NCT of Delhi, Crl.A.352/2020 decided on 27th November,

2020.

32. The flowchart of this Scheme is given in Form - II which is 2021:DHC:76 FAO 842/2003 reproduced hereunder: FLOW CHART OF SCHEME FOR MOTOR ACCIDENT CLAIMS

33.

34.

35.

36.

37.

DSLSA Delhi Police Website Driver’s Form-III By driver to IO within 30 days Owner’s Form-IV By owner to IO within 30 days Victim(s) Insurance Company Interim Accident Report (IAR) – Form-V By the IO to Claims Tribunal within 50 days Victim’s Form-VIA and Form-VIB By victim(s) to IO within 60 days Detailed Accident Report (DAR) - Form-VII By IO to Claims Tribunal within 90 days First Accident Report (FAR) – Form-I By IO to Claims Tribunal Within 48 Hours Motor Vehicle Accident Insurance Form-XI By Insurance Company to Claims Tribunal within 30 days The Insurance Company accepts the liability and submits an offer of compensation in Form-XI The Insurance Company does not accept the liability and discloses grounds to contest the case in Form- XI If the amount offered by the Insurance Company is fair/reasonable and acceptable to the claimants, the Claims Tribunal shall pass a Consent Award If the amount offered by the Insurance Company is not fair and/or not acceptable to the claimants, the Claims Tribunal shall hear the arguments with respect to the quantum of compensation and pass an award The Claims Tribunal shall conduct an inquiry to be completed within 12 months of the accident. Proceeding to be completed within six months of the accident Proceeding to be completed within nine months of the accident Proceeding to be completed within twelve months of the accident Rights of Victim(s) of road accident in Form-II By IO to Victim(s) within 10 days 2021:DHC:76 FAO 842/2003

33. The modified Claims Tribunal Agreed Procedure formulated by this Court in Rajesh Tyagi – III is substituted with this Scheme for Motor Accidents Claims which shall be implemented by the Claims Tribunals, Delhi Police and Insurance Companies w.e.f. 02nd April, 2021.

34. Mr. H.S. Phoolka, Mr. Sidharth Luthra, Mr. Vikas Pahwa, Mr. Rajshekhar Rao and Mr. Satyam Thareja assisting this Court as Amici Curiae submit that successful implementation of this Scheme requires strict implementation by the Police, Insurance Companies as well as Claims Tribunals and a Committee be constituted to supervise the implementation and take remedial measures.

35. A Committee is hereby constituted to supervise the implementation of this Special Scheme comprising of the following members:-

(i) Sitting or former Judge of this Court to be nominated by the

(ii) Member Secretary, DSLSA as Convener of the Committee.

(iii) Special Commissioner of Police to be nominated by the

(iv) Additional Secretary in the Ministry of Road Transport and

(v) Secretary General, General Insurance Council (GIC).

Delhi State Legal Services Authority (DSLSA) shall provide the necessary infrastructure/support staff to the Committee. Delhi State Legal Services Authority (DSLSA) shall bear the necessary expenditure for the functioning of the Committee.

36. Delhi Police as well as the Insurance Companies shall file monthly 2021:DHC:76 FAO 842/2003 reports before the Committee with respect to the compliance of the provisions of the Scheme for the previous month. The first report for the period 02nd April, 2021 to 30th April, 2021 be filed by 20th May, 2021 and thereafter by 20th of each month. The Committee shall prescribe the format of the compliance report which shall be circulated to the Delhi Police and the Insurance Companies. The Committee shall consider the reports and take such remedial measures as may be considered necessary for successful implementation of the Scheme.

37. The Claims Tribunals shall expedite the adjudication of accident cases and make an endeavour to decide these cases within the timelines mentioned in the flow chart. The Claims Tribunals shall send the monthly statement of MACT cases decided within the timelines mentioned in the Flow Chart as well as those which could not be decided within the timelines along with the reasons for such delay, to the Registrar General of this Court. The Registrar General shall consider the said statements in terms of the directions of the Supreme Court in Jai Prakash v. National Insurance Co., S.L.P. (C.) 11801-11804/2005, vide order dated 13th May 2016. The Registrar General shall place these statement(s)/report(s) before the ACR Committee of the Judicial Officer.

38. If any modification is considered necessary in this Scheme, the same shall be carried out by the Committee after hearing the stakeholders. Any suggestion or grievance with respect to the working of this Scheme shall be considered by the Committee.

39. Delhi Police shall modify/replace the Standing Order, Accident Investigation Manual and Check-list in terms of the new Scheme within four weeks. Delhi Police shall incorporate the directions contained in para 7 of 2021:DHC:76 FAO 842/2003 the judgment dated 14th February, 2020 in their Accident Investigation Manual. The Delhi Police shall also create a Monitoring Cell to ensure the implementation of this Scheme within four weeks. Delhi Police shall consider preparing system/software in which the non-filing/delay in filing the reports namely FAR, IAR and DAR within the stipulated timelines will be automatically intimated to the higher authorities.

40. On 14th February, 2020, this Court directed Delhi Police to implement DAR procedure on the same lines as is being done in Tamil Nadu. This Court constituted a Committee for developing the mobile/web application in consultation with all the stakeholders. However, the Committee has not yet submitted its report. The Committee shall complete the deliberations within four weeks and submit a report before this Court on the next date of hearing.

41. On 14th February, 2020, this Court directed the pilot project mentioned in the order dated 13th December, 2019 to be implemented in respect of death cases in motor accidents in New Delhi District w.e.f. 15th April, 2020. However, the pilot project has not yet commenced. The Delhi Police is directed to implement the pilot project in terms of para 12 of the order dated 14th February, 2020 under the present Scheme w.e.f. 02nd April,

2021.

42. All the Insurance Companies are directed to appoint a Nodal Officer and intimate the name, address, phone numbers/mobile numbers and email address of their Nodal Officer to DCP-Legal Cell (PHQ) of Delhi Police by email within four weeks. The Delhi Police shall place on record the list of Nodal Officers of all the Insurance Companies before the next date of hearing.

43. On 03rd July, 2015, this Court noted that the appointment of 33 2021:DHC:76 FAO 842/2003 vacancies of Motor Legal Officers was scheduled to be completed by March,

2015. Government of NCT of Delhi and DSSSB are directed to file the status report with respect to the 33 vacancies of Motor Legal Officers mentioned in the order dated 03rd July, 2015. However, if the process is not yet complete, the same be completed before the next date, failing which the status report shall disclose the reasons for delay in appointment of Motor Legal Officers as well as the name of the officers responsible for the same.

44.

DSLSA and Delhi Police shall prepare a compilation of Frequently Asked Questions (FAQs) relating to this Scheme and place the same before this Court on the next date of hearing.

45. The Expert Committee appointed by the Transport Research Wing (TRW) of Ministry of Road Transport and Highways had submitted convenient digitalized Forms with colour codings along with its Reports. The Transport Research Wing (TRW) of Ministry of Road Transport and Highways is requested to convert Form - I to XII of this Scheme to convenient digitalized Forms within a period of two weeks and the same be placed for approval before this Court.

46. The Registry shall translate this Scheme and Forms in Hindi language within two weeks and place the same before this Court on the next date.

47. List for reporting compliance on 26th February, 2021.

48. Motor Vehicles Act, 1988 has been amended in 2019 by which Section 164C has been incorporated. Section 164C of the amended Act empowers the Central Government to frame Rules to stipulate the Forms of Accident Information Report under Section 159 of the Motor Vehicles Act. However, Central Government has not yet framed the Rules and the Forms under Section 164C (2) (a) (iii) of the Motor Vehicles Act, 1988. This Court 2021:DHC:76 FAO 842/2003 is of the view that this Scheme and the Forms can be incorporated in the Rules being framed by the Government. The Ministry of Road Transport and Highways shall consider this Scheme and the Forms at the time of framing the Rules.

49. Government of NCT of Delhi notified Delhi Motor Accident Claims Tribunal Rules, 2008 on 13th July, 2009. Government of NCT of Delhi shall consider amending the Rules to incorporate this Scheme and the Forms.

50. This Court appreciates the valuable and effective assistance rendered by Mr. Kirtiman Singh, learned Standing Counsel for Central Government assisted by Mr. Waize Ali Noor, Advocate; Mr. Rahul Mehra, learend Standing Counsel for Delhi Police assisted by Mr. Chaitanya Gosain, Advocate; Mr. H.S. Phoolka, learned Amicus Curiae assisted by Ms. Prabhsahay Kaur and Ms. Sampurna Behrua, Director (Legal) of Bachpan Bachao Andolan; Mr. Sidharth Luthra, learned Amicus Curiae assisted by Mr. Arjun, Advocate; Mr. Vikas Pahwa, learned Amicus Curiae assisted by Mr. Sumer Singh Boparai, Advocate; Mr. Rajshekhar Rao, learned Amicus Curiae assisted by Ms. Aanchal Tikmani, Advocate; Mr. Satyam Thareja, learned Amicus Curiae; Mr. S.P. Jain, learned counsel for Go Digit GIC; Mr.Gautam Jha, learned counsel for GIC; Mr. Akshay Chowdhary and Ms. Anjali Agrawal, Law Researchers attached to this Court.

51. This Court appreciates the exemplary work done by the Committee appointed by Transport Research Wing (TRW) of Ministry of Road Transport and Highways comprising of Ms. Babni Lal, Economic Advisor Transport, MoRTH as Chairperson; Mr. Pramod Kumar, Inspector General of Police, Tamil Nadu; Mr. Sriram Taranikanti, Principal Secretary, Transport, Govt. of Tripura; Mr. Sanjeev Kumar, Chief Engineer, Road 2021:DHC:76 FAO 842/2003 Safety Wing, MoRTH; Dr. B.N. Shetty, Director Technical, Ministry of Home Affairs; Prof. Geetam Tiwari, Professor, Indian Institute of Technology Delhi; Dr. Venkatesh Balasubramanyam, Professor, Indian Institute of Technology Madras; Ms. Tanu Jain, Assistant Director General, Ministry of Health & Family Welfare; Dr. A. Mohan, Scientist, National Informatics Centre; Dr. Aditya Medury, Assistant Professor, Indian Institute of Technology Kanpur; Dr. G. Gupta, National Consultant, World Health Organization; Mr. Vivek Kishore, Director – Road Safety, MoRTH; Mr. R.K. Puri, Assistant Director, TRW, Member Secretary and Ms. Y. Priya Bharath, CGM, IRDA as Special Invitee. This Court also appreciates the extraordinary efforts made by Mr. Rajesh Deo, DCP-Legal Cell (PHQ) of Delhi Police and Mr. Priyank Bharti, Joint Secretary, Ministry of Road Transport & Highways, as he then was [now Senior Directing Staff (Civil), National Defence College (NDC), Department of Defence] in assisting this Court.

52. C.M.31818/2020 is disposed off.

53. This Scheme for Motor Accident Claims along with Forms - I to XIX be uploaded on the website of the District Courts in.pdf format along with its Hindi translation by 15th March, 2021 to enable the lawyers and litigants to download the same. The Report of the Committee appointed by this Court in MAC. Appeal No. 1134/2017 relating to the cost of artificial limbs by different suppliers be also uploaded on the website of the Districts Courts.

54. Copy of this judgment and Scheme for Motor Accident Claims along with Forms - I to XIX and the Report of the Committee containing the list of cost of artificial limbs in MAC. Appeal No. 1134/2017 be sent to the 2021:DHC:76 FAO 842/2003 Welfare Committees and Delhi State Legal Services Authority (DSLSA).

55. Copy of this judgment along with this Scheme for Motor Accident Claims and Forms - I to XIX be sent to Delhi Judicial Academy to sensitize the Claims Tribunals about this Scheme. Delhi Judicial Academy shall upload this judgment on their website (http://judicialacademy.nic.in) as good practices of this Court.

56. National Judicial Academy is reporting the best practices of all the High Courts on their website (www.nja.nic.in) under the head of Practices & Initiatives of various High Courts. Copy of this judgment along with the Scheme and the Forms be sent to National Judicial Academy. J.R. MIDHA, J. JANUARY 8, 2021 ds/dk/ak 2021:DHC:76 Scheme for Motor Accident Claims SCHEME FOR MOTOR ACCIDENT CLAIMS FORMULATED BY DELHI HIGH COURT 2021:DHC:76 Scheme for Motor Accident Claims SCHEME FOR MOTOR ACCIDENT CLAIMS FORMULATED BY DELHI HIGH COURT

CONTENTS Page

2. Form-I-First Accident Report (FAR) to be submitted by the Investigating Officer to the Claims Tribunal within 48 hours

3. Form-II-Rights of Victim(s) and Flow Chart of this Scheme to be furnished by the Investigating Officer to the Victim(s) within 10 days

4. Form-III-Driver’s Form to be submitted by the driver to the Investigating Officer within 30 days

5. Form-IV-Owner’s Form to be submitted by the owner to the Investigating Officer within 30 days

6. Form-V-Interim Accident Report (IAR) to be submitted by the Investigating Officer to the Claims Tribunal within 50 days

7. Verification of the Driver’s Form and Owner’s Form by the Investigating Officer as well as the Insurance Company

8. Form-VIA-Victim’s Form to be submitted by the Victim(s) to the Investigating Officer within 60 days

9. Form-VIB-Victim’s Form to be submitted by the Victim(s) in respect of the minor children to the 2021:DHC:76 Scheme for Motor Accident Claims Investigating Officer within 60 days

10. Verification of the Victim’s Form by the Insurance Company

11. Investigation of the criminal case to be completed by the police within 60 days of the accident

12. Form-VII-Detailed Accident Report (DAR) to be submitted by the Investigating Officer before the Claims Tribunal within 90 days

13. Copy of DAR to be furnished to victim(s), owner/driver of the offending vehicle(s), Insurance Company and Delhi State Legal Services Authority (DSLSA)

14. Investigating Officer to seek necessary directions from the Claims Tribunal

15. Extension of time to file IAR and DAR 14

16. Examination of FAR, IAR and DAR by the Claims Tribunal

17. Duty of the Investigating Officer to produce the driver(s), owner(s), claimant(s) and eye witness(es) before the Claims Tribunal

18. In case of an un-insured vehicle, the offenders to be prosecuted under Section 196 of the Motor Vehicles Act

19. In case of fake driving licence/permit/fitness/insurance policy, appropriate action to be taken in accordance with law

20. Un-insured vehicle not to be released to the owner 16 2021:DHC:76 Scheme for Motor Accident Claims

21. Duties of Police shall be construed to be part of State Police Act

22. Duty of the Registration Authority to verify the documents within 15 days of the application

23. Duty of the Hospital to issue MLC and Post-Mortem Report within 15 days of the accident

24. Claims Tribunal shall treat DAR as a claim petition for compensation under Section 166(4) of the Motor Vehicles Act

25. In cases of charge of rash and negligent driving, the Claims Tribunal shall register the case under Section 166 of the Motor Vehicles Act

26. Duty of the Insurance Companies to appoint a Nodal Officer and intimate the Delhi Police

27. Duty of the Insurance Company to appoint a Designated Officer within 10 days of the receipt of the first intimation of the accident

28. Duty of the Insurance Company to verify the claim 19

29. Form-XI-Insurance Form to be submitted by the Insurance Company before the Claims Tribunal within 30 days of DAR

30. Consent award to be passed where claimant(s) accepts the offer of Insurance Company

31. Claimant(s) to respond to the offer of the Insurance Company within 30 days 2021:DHC:76 Scheme for Motor Accident Claims

32. If the compensation offered by the Insurance Company is not fair and/or is not acceptable to the claimant(s), the Claims Tribunal shall pass an award within nine months from the date of accident

33. If the Insurance Company disputes the liability, the Claims Tribunal shall conduct an Inquiry and pass an award within one year from the date of accident

34. Duty of the Claims Tribunal to elicit the truth 22

35. Direction to the claimant(s) to open savings bank account near the place of their residence in a nationalized bank

36. Examination of the claimant(s) before passing of the award

37. Form - XIII and XIV - Written submissions to be filed by the parties before the Claims Tribunals

38. Deposit of the award amount 24

39. Disbursement of the award amount 25

40. Protection of the award amount 25

41. Form – XVII - Claims Tribunal shall deal with the compliance of the provisions in the award

42. Claims Tribunal shall fix a date for reporting compliance

43. Copy of the DAR as well as the award to be sent to the concerned Metropolitan Magistrate 2021:DHC:76 Scheme for Motor Accident Claims

44. Copy of the award to be sent to the Delhi State Legal Services Authority (DSLSA)

45. Form – XVIII - Record of awards of the Claims Tribunal

46. Form – XII- Victim Impact Report (VIR) to be filed by Delhi State Legal Services Authority (DSLSA) before the Metropolitan Magistrate within 30 days of the conviction. 2021:DHC:76 Scheme for Motor Accident Claims FORM No.

FORMS Page No. FORM No. I. First Accident Report (FAR) 30 FORM No II. Rights of Victim(s) of road accident and flow chart 33 FORM No III. Driver’s form 36 FORM No IV. Owner’s form 38 FORM No V. Interim Accident Report (IAR) 41 FORM No VIA. Victim’s form 45 FORM No VIB. Victim’s form relating to minor children 54 FORM No VII. Detailed Accident Report (DAR) 59 FORM No VIII. Site Plan 70 FORM No IX. Mechanical Inspection Report 72 FORM No X. Verification report 76 FORM No XI. Insurance form 78 FORM No XII. Victim Impact Report (VIR) 83 FORM No XIII. Format of written submissions in death cases 95 FORM No XIV. Format of written submissions in injury cases 97 FORM No XV. Summary of computation of award amount in death cases to be incorporated in the award FORM No XVI. Summary of the computation of award amount in injury cases to be incorporated in the award FORM No XVII. Compliance of the provisions of the Scheme to be 105 2021:DHC:76 Scheme for Motor Accident Claims mentioned in the award FORM No XVIII. Format of record of awards to be maintained by the Claims Tribunal FORM No XIX. Motor Accident Claims Annuity Deposit (MACAD) scheme 2021:DHC:76 Scheme for Motor Accident Claims SCHEME FOR MOTOR ACCIDENT CLAIMS FORMULATED BY DELHI HIGH COURT

1. Investigation of Road Accidents by Police On receipt of the information of a road accident, the Investigating Officer of Police shall immediately inspect the site of accident; take photographs of the scene of the accident and the vehicle(s) involved in the accident and prepare a site plan, drawn to scale, as to indicate the layout and width, etc., of the road(s) or place(s), as the case may be; the position of vehicle(s) and person(s) involved; and such other facts as may be relevant. In injury cases, the Investigating Officer shall also take the photograph(s) of the injured in the hospital. The Investigating Officer shall conduct an on the spot enquiry by examining the eyewitnesses/bystanders.

2. Form-I-First Accident Report (FAR) to be submitted by the Investigating Officer to the Claims Tribunal within 48 hours 2.[1] The Investigating Officer shall intimate the accident to the Claims Tribunal by submitting First Accident Report (FAR) in Form-I within 48 hours of the receipt of intimation of the accident. 2.[2] If the particulars of insurance policy are available, the intimation of the accident in Form-I shall be given to the Nodal Officer of the concerned Insurance Company of the offending vehicle. 2.[3] The Investigating Officer shall furnish the copy of FAR to the victims. 2.[4] The Investigating Officer shall furnish the copy of FAR to Delhi State Legal Services Authority (DSLSA). 2.[5] The Investigating Officer shall upload FAR of the accident on the website of Delhi Police. 2021:DHC:76 Scheme for Motor Accident Claims

3. Form-II-Rights of Victim(s) of Road Accident and Flow Chart of this Scheme to be furnished by the Investigating Officer to the Victim(s) within 10 days The Investigating Officer shall furnish Form-II containing the description of Rights of Victim(s) of road accidents and flow chart of this Scheme to the victim(s) (injured/legal representatives of deceased) within 10 days of the accident against a written acknowledgement. Copy of Form-II containing the acknowledgement of the victim(s) shall be filed by the Investigating Officer before the Claims Tribunal along with Detailed Accident Report (DAR).

4. Form-III-Driver’s Form to be submitted by the driver to the Investigating Officer within 30 days The driver of the vehicle(s) involved in the accident shall furnish the relevant information namely his name, age, gender, income, driving license, period of validity of license, vehicle registration number, particulars of the owner and insurance of the vehicle, etc., to the Investigating Officer in Form-III within 30 days of the accident. (The Investigating Officer shall provide blank Form-III to the driver who shall fill up the relevant particulars and furnish the same to the Investigating Officer.) Form-III

5. Form-IV-Owner’s Form to be submitted by the owner to the Investigating Officer within 30 days The owner of the vehicle(s) involved in the accident shall furnish the relevant information namely particulars of the driver, particulars of the insurance policy, particulars of permit and fitness etc. in Form-IV to the Investigating Officer within 30 days of the accident. (The Investigating 2021:DHC:76 Scheme for Motor Accident Claims Officer shall provide blank Form-IV to the owner of the vehicles involved in the accident whereupon the owner shall fill up the Form and furnish the same to the Investigating Officer.)

6. Form-V-Interim Accident Report (IAR) to be submitted by the Investigating Officer to the Claims Tribunal within 50 days The Investigating Officer shall submit Interim Accident Report (IAR) in Form-V before the Claims Tribunal within 50 days of the accident. The Interim Accident Report (IAR) shall be accompanied with the documents mentioned therein. The copy of the Interim Accident Report (IAR) along with the documents shall be furnished to the Insurance Company, victim(s) as well as Delhi State Legal Services Authority (DSLSA).

7. Verification of the Driver’s Form and Owner’s Form by the Investigating Officer as well as the Insurance Company The Investigating Officer as well as the Insurance Company shall verify the information and documents furnished by the driver and owner of the vehicle(s) involved in the accident in Form-III and Form–IV, respectively. The Investigating Officer and the Insurance Company shall verify the authenticity of the documents furnished by the driver and owner of the vehicle(s) involved in the accident through information available on VAHAN or by obtaining confirmation in writing from the Authority/or person purporting to have issued the same or by such further investigation or verification as may be deemed necessary. The Investigating Officer shall file the Verification Report in Form-X before the Claims Tribunal along with the Detailed Accident Report (DAR). 2021:DHC:76 Scheme for Motor Accident Claims

8. Form-VIA-Victim’s Form to be submitted by the victim(s) to the Investigating Officer within 60 days The Victim(s) of the accident shall furnish the relevant information and the documents in Form-VIA to the Investigating Officer within 60 days of the accident. (The Investigating Officer shall provide blank Form-VIA to the Victim(s) who shall fill up the relevant information/attach the relevant documents and submit the same before the Investigating Officer).

9. Form-VIB-Victim’s Form to be submitted by the Victim(s) in respect of the minor children to the Investigating Officer within 60 days In case of any minor child/children of the Victim(s) of the accident, the Investigating Officer shall provide blank Form-VIB to the victim(s), who shall fill up the relevant information/attach the relevant documents and submit the same to the Investigating Officer within 60 days of the accident. The Investigating Officer shall send the copy of the Victim’s Form-VIA and VIB along with DAR to Child Welfare Committee within 30 days of receiving the aforesaid Form-VIA and VIB from the victim(s), to ascertain if the child is a Child in Need of Care and Protection (CNCP) as per the provisions of the Juvenile Justice (Care and Protection of Children) Act,

2015. The Investigating Officer shall also send copies of Form-VIA and VIB along with the DAR to the Delhi State Legal Services Authority (DSLSA) to assign a lawyer to assist the child/children to avail their legal remedies/rights, including education, within 30 days of receiving the aforesaid Form-VIA and VIB from the victim(s). 2021:DHC:76 Scheme for Motor Accident Claims

10. Verification of the Victim’s Forms by the Insurance Company The Investigating Officer shall furnish the copy of the Victim’s Forms along with the documents to the Insurance Company of the offending vehicle along with DAR whereupon the Insurance Company shall verify the information and documents furnished by the victim(s) within 30 days of the receipt of the DAR.

11. Investigation of the criminal case to be completed by the police within 60 days of the accident The Investigating Officer shall complete the investigation of the criminal case and file the Report under Section 173 CrPC before the Metropolitan Magistrate within 60 days of the accident. The Investigating Officer shall submit the copy of the Report under Section 173 CrPC before the Claims Tribunal along with the Detailed Accident Report (DAR).

12. Form-VII - Detailed Accident Report (DAR) to be submitted by the Investigating Officer before the Claims Tribunal within 90 days The Investigating Officer shall complete the verification of the information and documents furnished by the driver and owner of the vehicle(s) involved in the accident and submit the Detailed Accident Report (DAR) with the Claims Tribunal in Form-VII within 90 days of the accident. The Detailed Accident Report (DAR) shall be accompanied with the documents mentioned in Form-VII including the Site Plan in Form-VIII, Mechanical Inspection Report in Form-IX and Verification Report in Form-X. 2021:DHC:76 Scheme for Motor Accident Claims

13. Copy of DAR to be furnished to victim(s), owner/driver of the offending vehicle(s), Insurance Company and Delhi State Legal Services Authority The Investigating Officer shall furnish the copy of the DAR to victim(s) of the accident, owner/driver of the offending vehicle and the Nodal Officer of the Insurance Company. Copy of the DAR (with proper pagination and index) to be sent to the Insurance Company and others. The Investigating Officer shall also furnish a copy of Detailed Accident Report (DAR) along with the complete documents to Delhi State Legal Services Authority (DSLSA). Delhi State Legal Services Authority (DSLSA) shall assist the Claims Tribunal in determination of the just compensation payable to the claimant(s) in accordance with law.

14. Investigating Officer to seek necessary directions from the Claims Tribunal In the event of failure of the driver(s), owner(s), Insurance Company and/or claimant(s) to disclose any relevant information and/or documents, the Investigating Officer shall seek necessary directions from the Claims Tribunal whereupon the Claims Tribunal shall, direct the parties in default to submit the requisite Form i.e. Driver’s Form-III, Owner’s Form-IV or Victim’s Form-VIA and VIB, along with the relevant documents directly with the Claims Tribunal within 15 days.

15. Extension of time to file IAR and DAR If the Investigating Officer is unable to file IAR within 50 days and/or DAR within 90 days for reasons beyond his control, such as cases of hit and run accidents; cases where the parties reside outside the jurisdiction of the Court; 2021:DHC:76 Scheme for Motor Accident Claims where the driving licence is issued outside the jurisdiction of the Court, or where the victim(s) suffered grievous injuries and is/are undergoing continuous treatment, the Investigating Officer shall approach the Claims Tribunal for extension of time to file IAR/DAR whereupon the Claims Tribunal shall extend the time as it considers appropriate in the facts and circumstances of each case.

16. Examination of FAR, IAR and DAR by the Claims Tribunal The Claims Tribunal shall examine whether FAR, IAR and DAR are complete in all respects. If the DAR is complete in all respects, the Claims Tribunal shall fix a date for appearance of the driver(s), owner(s), claimant(s) and the eye witness(es) and the Investigating Officer shall produce them on the date so fixed. The Investigating Officer shall intimate the date so fixed by the Claims Tribunal to the Nodal Officer of the Insurance Company and the Insurance Company shall enter appearance on the date fixed. If the DAR is not complete, the Claims Tribunal shall direct the Investigating Officer to complete the same and shall fix a date for its completion.

17. Duty of the Investigating Officer to produce the driver(s), owner(s), claimant(s) and eye witness(es) before the Claims Tribunal The Investigating Officer shall produce the driver(s), owner(s), claimant(s) and the eye witness(es) before the Claims Tribunal, after the order of the Claims Tribunal that the DAR is complete in all respects. However, if the Investigating Officer is unable to produce the owner(s), driver(s), claimant(s) and eye witness(es) before the Claims Tribunal on the date fixed by the Claims Tribunal for reasons beyond his control, the Claims Tribunal 2021:DHC:76 Scheme for Motor Accident Claims shall issue notice to them to be served through the Investigating Officer for a date for appearance not later than 30 days. The Investigating Officer shall give an advance notice to the Nodal Officer of the concerned Insurance Company about the date of filing of the DAR before the Claims Tribunal so that the nominated counsel for the Insurance Company can remain present on the first date of hearing before the Claims Tribunal.

18. In case of an un-insured vehicle, the offenders to be prosecuted under Section 196 of the Motor Vehicles Act In case of an un-insured offending vehicle, the Investigating Officer shall prosecute the person(s) liable for violation of Section 196 of the Motor Vehicles Act, including the driver, owner and any person who allowed the un-insured vehicle to be driven.

19. In case of fake driving licence/permit/fitness/insurance policy, appropriate action to be taken in accordance with law If the driving licence/permit/fitness/insurance policy is found to be fake, the Investigating Officer shall take appropriate action in accordance with law.

20. Un-insured vehicle not to be released to the owner If the offending vehicle is not covered by the policy of insurance against third party risks; or if the driver was not holding a valid driving licence; or if the registered owner fails to furnish copy of the insurance policy or the driving licence of the driver, the offending vehicle involved in the accident shall not be released, unless the registered owner furnishes sufficient security to the satisfaction of the Court to pay compensation that may be awarded. On expiry of three months of the vehicle being taken in possession 2021:DHC:76 Scheme for Motor Accident Claims by the Investigating Officer, such vehicle shall be sold off in a public auction by the Magistrate having jurisdiction over the area where the accident occurred and proceeds thereof shall be deposited with the concerned Claims Tribunal within 15 days for satisfying the compensation that may be awarded by the Claims Tribunal.

21. Duties of Police shall be construed to be part of State Police Act The duties of police enumerated above shall be construed as if they are included in the respective State Police Act and any breach thereof shall entail consequences envisaged in that law.

22. Duty of the Registration Authority to verify the documents within 15 days of the application The Registration Authority shall verify the registration certificate, driving licence, fitness and permit in respect of the vehicle(s) within 15 days of the application being made by the Investigating Officer.

23. Duty of the Hospital to issue MLC and Post-Mortem Report within 15 days of the accident The concerned hospital shall issue the MLC and Post-Mortem Report to the Investigating Officer within 15 days of the accident.

24. Claims Tribunal shall treat DAR as a claim petition for compensation under Section 166(4) of the Motor Vehicles Act 24.[1] The Claims Tribunal shall treat the DAR filed by the Investigating Officer as a claim petition under Section 166(4) of the Motor Vehicles Act. 2021:DHC:76 Scheme for Motor Accident Claims 24.[2] If the Investigating Officer is unable to produce the claimant(s) on the first date of hearing, the Claims Tribunal shall register the DAR as a claim petition after the appearance of the claimant(s). 24.[3] If the claimant(s) file a separate claim petition, DAR shall be tagged along with the claim petition. 24.[4] If the Report under Section 173 CrPC has not been filed at the time of filing of the DAR, the Claims Tribunal shall either await the filing of the Report under Section 173 CrPC or record the statement of the eye witness(es) to satisfy itself with respect to the negligence before passing the award. 24.[5] The Claims Tribunal shall register the First Accident Report (FAR) as a miscellaneous application and the Interim Accident Report (IAR) as well as Detailed Accident Report (DAR) shall be taken on record in that Miscellaneous Application.

25. In cases of charge of rash and negligent driving, the Claims Tribunal shall register the case under Section 166 of the Motor Vehicles Act The Claims Tribunal shall register the case under Section 166 of the Motor Vehicles Act, if DAR and in particular, the Report under Section 173 CrPC has brought a case of rash and negligent driving. However, in cases where the DAR does not bring a charge of negligence or the claimant(s) choose to claim compensation on No-fault basis despite the charge of negligence, the Claims Tribunal shall register the claim as a No-fault liability case under the Motor Vehicles Act. 2021:DHC:76 Scheme for Motor Accident Claims

26. Duty of the Insurance Companies to appoint a Nodal Officer and intimate the Delhi Police All the Insurance Companies shall appoint a Nodal Officer and intimate the name, address, phone numbers/mobile numbers and email address of their Nodal Officer to DCP-Legal Cell (PHQ) of Delhi Police who shall instruct all the Investigating Officers of Delhi Police dealing with the investigation of motor accident claims to send relevant forms and documents to the Nodal Officer by e-mail.

27. Duty of the Insurance Company to appoint a Designated Officer within 10 days of the receipt of the first intimation of the accident Upon receipt of the first intimation of accident, the Insurance Company shall appoint a Designated Officer for that case within 10 days. The Designated Officer shall be responsible for dealing/ processing of that case and to pass a reasoned decision in writing with respect to the compensation payable to the claimant(s) in accordance with law.

28. Duty of the Insurance Company to verify the claim The Insurance Companies are duty bound to verify the correctness/genuineness of the claim. The Insurance Companies shall direct their own officer(s) or appoint an investigator or surveyor to verify the claim. If the statements made in the DAR are found to be incorrect, the Designated Officer shall send the copy of the report of the surveyor/investigator to the DCP concerned. If the Insurance Company, upon investigation, finds a case of fake accident, the Insurance Company is at liberty to file an application before the DCP concerned to requisition the CDR record of the driver of the offending vehicle. 2021:DHC:76 Scheme for Motor Accident Claims

29. Form-XI to be submitted by the Insurance Company before the Claims Tribunal within 30 days of DAR If the liability to pay the compensation is not disputed, the Insurance Company shall take a decision as to the quantum of compensation payable to the claimant(s) in accordance with law within 30 days of the date of receipt of the copy of DAR from the Investigating Officer. The decision taken by the Designated Officer of the Insurance Company shall be in writing and it shall be a reasoned decision. The report of the Designated Officer of the Insurance Company to be submitted before the Claims Tribunal shall be in Form –XI. However, if the Insurance Company does not admit the liability to pay the compensation, it shall disclose the grounds of defence in Form-XI and shall file the copy of report of Surveyor/Investigator along with Form-XI.

30. Consent award to be passed where claimant(s) accepts the offer of Insurance Company The compensation assessed by the Designated Officer of the Insurance Company shall constitute a legal offer to the claimant(s) and if the said amount is fair and acceptable to the claimant(s), the Claims Tribunal shall pass a consent award and shall provide 30 days time to the Insurance Company to deposit the award amount. However, before passing the consent award, the Claims Tribunal shall ensure that the claimant(s) are awarded just compensation in accordance with law. The Claims Tribunal shall ensure that the consent award is passed within six months from the date of accident. 2021:DHC:76 Scheme for Motor Accident Claims

31. Claimant(s) to respond to the offer of the Insurance Company within 30 days If the claimant(s) are not in a position to immediately respond to the offer of the Insurance Company, the Claims Tribunal shall grant them time not later than 30 days to respond to the said offer.

32. If the compensation offered by the Insurance Company is not fair and/or is not acceptable to the claimant(s), the Claims Tribunal shall pass an award within nine months from the date of accident If the amount offered by the Insurance Company is not fair/reasonable and/or is not acceptable to the claimants, the Claims Tribunal shall determine the amount after hearing the parties and shall pass an award. The Claims Tribunal shall ensure that the award is passed within nine months from the date of accident.

33. If the Insurance Company disputes the liability, the Claims Tribunal shall conduct an Inquiry and pass an award within one year from the date of accident If the Insurance Company disputes the liability to pay the compensation, it shall disclose the grounds of defence in Form-XI. If the Claims Tribunal considers the recording of evidence necessary, the Claims Tribunal shall conduct an inquiry in terms of Sections 168 and 169 of the Motor Vehicles Act to be completed within one year from date of accident. If the Claims Tribunal is unable to complete the inquiry within one year, it shall record reasons thereof in the award. The Claims Tribunal shall follow the principles laid down in Mayur Arora v. Amit, 2011 (1) TAC 878 in conducting the inquiry. The Claims Tribunal may direct the recording of the evidence by the 2021:DHC:76 Scheme for Motor Accident Claims Local Commissioner, if the Insurance Company is willing to bear the fees of the Local Commissioner.

34. Duty of the Claims Tribunal to elicit the truth Before passing the award on the basis of the DAR, the Claims Tribunal shall satisfy itself that the statements made in the DAR are true. DAR is merely an opinion of the Investigating Officer and is not to be treated as legal evidence. The DAR is to be considered like a Report under Section 173 CrPC and the Claims Tribunal shall satisfy itself with respect to the genuineness of the claim as well as all the relevant facts. For example, in death case(s), the Claims Tribunal shall direct the claimant(s) to produce the original documents relating to age, occupation and income of the deceased and an award shall be passed after the satisfaction of Claims Tribunal with respect to all the relevant facts. Similarly, in injury case(s), the Claims Tribunal shall examine the injured and the relevant medical records to satisfy itself with respect to the nature of the injuries and percentage of the functional disability of the injured. The Claims Tribunal may consider examining the parties under Section 165 of the Evidence Act. Reference be made to Ved Prakash Kharbanda v. Vimal Bindal, (2013) 198 DLT 555 for the scope of Section 165 of the Evidence Act.

35. Direction to the claimant(s) to open savings bank account near the place of their residence in a nationalized bank The Claims Tribunal shall direct the claimant(s), on the very first date of their appearance, to open a savings bank account in a nationalized bank near the place of their residence and the concerned bank be directed not to issue any cheque book(s) and/or debit card(s) to the claimant(s) and if the same 2021:DHC:76 Scheme for Motor Accident Claims have already been issued, the bank be directed to cancel the same and make an endorsement on the passbook of the claimant(s) to the effect that no cheque book and/or debit card shall be issued to the claimant(s) without the permission of the Claims Tribunal. The claimant(s) be directed to produce the copy of the order passed by the Claims Tribunal before the concerned bank whereupon the bank be directed to make an endorsement on the passbook. The claimant(s) be directed to produce the passbook with the necessary endorsement as well as Aadhaar Card and PAN Card before the Claims Tribunal.

36. Examination of the claimant(s) before passing of the award 36.[1] The Claims Tribunal shall, before or at the time of passing of the award, examine the claimant(s) to ascertain their financial condition/needs, mode of disbursement and amount to be kept in fixed deposits. 36.[2] The Claims Tribunal shall ensure that the following documents of the claimants are taken on record before the disbursement of the award amount: (a) Aadhaar Card and PAN Card; (b) Details of the Bank Account(s) of the Claimant(s) near the place of their residence along with the proper endorsement; and

(c) Two sets of photographs and specimen signatures of the claimant(s).

36.[3] Before disbursement of the award amount, the Claims Tribunal shall satisfy that the savings bank account(s) of the claimant(s) is near the place of their permanent residence and an endorsement has been made by the bank on the passbook of the claimant(s) to the effect that no cheque book(s) and/or debit card(s) shall be issued to the claimant(s) without prior permission of the Claims Tribunal. If the claimant(s) bank account is not 2021:DHC:76 Scheme for Motor Accident Claims near the place of their permanent residence, the Claims Tribunal shall defer the disbursement of award amount till passbook(s) of savings bank account(s) of the claimant(s) in a nationalized bank near the place of their permanent residence is not produced along with necessary endorsement. 36.[4] At the time of passing of the award, the Claims Tribunal shall examine whether the claimant(s) is/are entitled to exemption of deduction of TDS and if so, the claimant(s) shall submit Form 15G or Form 15H (for senior citizen) to the Insurance Company so that no TDS is deducted. The Claims Tribunal shall record a finding on this aspect at the time of passing of the award.

37. Written submissions to be filed by the parties before the Claims Tribunals in Form-XIII and XIV Both the parties shall file the written submissions with respect to their computation of compensation before the Claims Tribunal in Form-XIII for death cases and Form-XIV for injury cases.

38. Deposit of the award amount 38.[1] The Claims Tribunal shall direct the Insurance Company to deposit the award amount or transfer the same by RTGS/NEFT/IMPS directly to the bank account of the Claims Tribunal within 30 days of the award. However, if the Insurance Company decides to file an appeal against the impugned award, the Insurance Company shall seek extension of time to deposit the award amount whereupon the Claims Tribunal shall withhold coercive action till the expiry of 90 days from the date of the award. 38.[2] The respondent(s) held liable to pay compensation by the Claims Tribunal shall give notice of deposit of the compensation amount to the 2021:DHC:76 Scheme for Motor Accident Claims claimant(s) and shall file a compliance report with the Claims Tribunal with respect to the deposit of the compensation amount within 15 days of the deposit with the interest upto the date of notice of deposit to the claimant(s) with a copy to their counsel. The names and addresses of the claimant(s) and their counsel shall be mentioned in the award for issuance of notice of deposit.

39. Disbursement of the award amount The Claims Tribunal shall disburse the award amount through Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated by this Court vide order dated 01st May, 2018. Copy of the Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme is Form–XIX. The following 21 Banks are implementing the MACAD Scheme:(i) State Bank of India, (ii) Punjab National Bank (iii) UCO Bank (iv) Bank of Baroda (v) Allahabad Bank (vi) Oriental Bank of Commerce (vii) IDBI Bank (viii) Indian Overseas Bank (ix) Andhra Bank (x) Bank of India (xi) Punjab & Sind Bank (xii) Bank of Maharashtra (xiii) Canara Bank (xiv) Central Bank of India (xv) Syndicate Bank (xvi) Corporation Bank (xvii) Dena Bank

(xviii) Union Bank of India (xix) United Bank of India (xx) Indian Bank

(xxi) Vijaya Bank.

40. Protection of the award amount The Claims Tribunal shall, depending upon the financial status and financial need of the claimant(s), release such amount as may be considered necessary and direct the remaining amount to be kept in fixed deposits in a phased manner (For example, if a sum of Rs.5,50,000/- has been awarded to the claimant(s), Rs.50,000/- may be released immediately and the remaining 2021:DHC:76 Scheme for Motor Accident Claims amount of Rs.5,00,000/- may be kept in 50 fixed deposits of Rs.10,000/each, in the name of the claimant(s), for the period of one month to 50 months respectively, with cumulative interest). The Claims Tribunal shall impose the following conditions with respect to the fixed deposits:- (a) The Bank shall not permit any joint name(s) to be added in the savings bank account or fixed deposit accounts of the claimant(s) i.e. the savings bank account(s) of the claimant(s) shall be an individual savings bank account(s) and not a joint account(s). (b) The original fixed deposit shall be retained by the bank in safe custody. However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the claimant(s).

(c) The monthly interest be credited by Electronic Clearing

(d) The maturity amounts of the FDR(s) be credited by

Electronic Clearing System (ECS) in the savings bank account of the claimant(s) near the place of their residence. (e) No loan, advance, withdrawal or pre-mature discharge be allowed on the fixed deposits without permission of the Court. (f) The concerned bank shall not issue any cheque book and/or debit card to claimant(s). However, in case the debit card and/or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount. The bank shall debit card(s) freeze the account of the claimant(s) so that no debit card be issued in respect of the account of the claimant(s) from any other branch of the bank. (g) The bank shall make an endorsement on the passbook of the claimant(s) to the effect that no cheque book and/or debit card have been issued and shall not be issued without the permission of the Court and claimant(s) shall produce the passbook with the necessary endorsement before the Court on the next date fixed for compliance. (h) It is clarified that the endorsement made by the bank along with the duly signed and stamped by the bank official on the 2021:DHC:76 Scheme for Motor Accident Claims passbook(s) of the claimant(s) is sufficient compliance of clause above.

41. Form-XVII- Claims Tribunal shall deal with the compliance of the provisions in the award 41.[1] The Claims Tribunal shall incorporate the summary of computation of compensation in the award in Form-XV for death cases and in Form-XVI for injury cases. 41.[2] The Claims Tribunal shall deal with the compliance of this Scheme especially as to whether there has been any delay or deficiency on the part of the Investigating Officer of the Police and/or the Designated Officer of the Insurance Company. In the event of any delay or deficiency on the part of the Investigating Officer of the Police, the Claims Tribunal may consider recommending adverse entry to be made in the service record of the concerned officer, after affording an opportunity of hearing to the concerned officer. In case of delay or deficiency on the part of the Designated Officer of the Insurance Company, the Claims Tribunal may consider recommending adverse entry to be made in the service record of the concerned officer or impose cost/penal interest to be recovered from the salary of the officer in default, after affording an opportunity of hearing to the concerned officer. The Claims Tribunal shall incorporate the compliance of this Scheme in the award in Form-XVII.

42. Claims Tribunal shall fix a date for reporting compliance 42.[1] The Claims Tribunal shall fix a date for reporting compliance in the award itself. The Claims Tribunal shall direct the Insurance Company and/or driver/owner to place on record the proof of deposit of the compensation 2021:DHC:76 Scheme for Motor Accident Claims amount with upto date interest, the notice of deposit and the calculation of interest on the date so fixed. Upon such proof being filed, the Claims Tribunal shall ensure that the interest upto the date of notice of deposit has been deposited by the party concerned. 42.[2] If the award amount is not deposited within the stipulated period, the Claims Tribunal shall attach the bank account of the Insurance Company after 90 days of the award in terms of principles laid down in New India Assurance Company Ltd. v. Kashmiri Lal, (2005) 125 DLT 571. 42.[3] The Claims Tribunal shall execute its award in terms of the principles laid down by this Court in Bhandari Engineers & Builders Pvt. Ltd. v. Maharia Raj Joint Venture, MANU/DE/1497/2020. 42.[4] If the award of the Claims Tribunal is stayed by the High Court in appeal, the Claims Tribunal shall close the matter with liberty to the claimant(s) to revive it after the decision of the appeal.

43. Copy of the DAR as well as the award to be sent to the concerned Metropolitan Magistrate 43.[1] The Claims Tribunal shall send a certified copy of the award passed by the Claims Tribunal to the concerned Metropolitan Magistrate. 43.[2] The Investigating Officer shall submit a copy of the DAR before the concerned Metropolitan Magistrate within one week of submitting the same before the Claims Tribunal. 43.[3] The Investigating Officer shall submit the copy of the award passed by the Claims Tribunal before the concerned Metropolitan Magistrate within one week of the passing of the award. 2021:DHC:76 Scheme for Motor Accident Claims

44. Copy of the award to be sent to the Delhi State Legal Services Authority The Claims Tribunal shall send the copy of the award to the Delhi State Legal Services Authority (DSLSA).

45. Form-XVIII- Record of awards of the Claims Tribunal The record of the awards passed by the Claims Tribunals shall be maintained in a chronological order according to the date of the award in such a manner that it is easy for the litigants/lawyers to ascertain whether the compensation has been received or not. The format of the record of the awards shall be in Form-XVIII.

46. Form-XII-Victim Impact Report (VIR) to be filed by Delhi State Legal Services Authority before the Metropolitan Magistrate within 30 days of the conviction. After the conviction of the driver in the criminal case, the learned Metropolitan Magistrate shall send the copy of the judgment as well as the affidavit of the accused with respect to his assets and income to DSLSA whereupon DSLSA shall conduct a summary inquiry and submit a Victim Impact Report (VIR) before the learned Metropolitan Magistrate within 30 days of the conviction in terms of the Full Bench judgment of this Court in Karan v. State NCT of Delhi, Crl.A.352/2020 decided on 27th November,

2020. The Victim Impact Report formulated by the Full Bench is attached hereto as Form-XII. 2021:DHC:76 Scheme for Motor Accident Claims FORM-I FIRST ACCIDENT REPORT (FAR) By Investigating Officer to Claims Tribunal Within 48 hours of the receipt of intimation of the Accident Copy to Victim(s), Insurance Company and DSLSA FIR No. Date Under Section Police Station

1. Date of Accident

2. Time of Accident

3. Place of Accident

4. Source of Information □ Driver/Owner □Victim □Witness □ Hospital □ Good Samaritan □ Police □Others (Specify) Name, mobile number & address of the Informant Name Mobile No. Address

5. Nature of Accident □ Injury □ Fatal □ Damage/loss of the property □ Any other loss/injury Number of Vehicles involved Whether Registration Number of the Offending Vehicle known □ Yes □ No 2021:DHC:76 Scheme for Motor Accident Claims Whether offending vehicle impounded by the police □ Yes □ No Whether the driver of the offending vehicle found on the spot □ Yes □ No Number of Fatalities Number of Injured

6. Details of the Hospital where victim(s) taken Hospital Name Address Doctor’s Name

7. Availability of CCTV Footage If yes, CCTV Footage be preserved and be filed with DAR □ Yes □ No

8. Details of Owner(s), Driver(s) and Insurance of the Vehicle(s) Details Vehicle 1 (Offending vehicle) Vehicle 2 Vehicle Details Vehicle Registration No. Driver Details Name of the Driver Address of Driver Mobile No. of Driver Owner Details Name of the Owner 2021:DHC:76 Scheme for Motor Accident Claims Address of Owner Mobile No. of Owner Insurance Details Insurance Policy No. Period of Insurance Policy Name of Insurance Company Address of Insurance Company

9. Details of Victim(s) Name Deceased /Injured Address & Contact Details (i) (ii) (iii) (iv) (v) (vi) S.H.O./I.O P.I.S. No.: _________________ Phone No.: _________________ P.S.: _________________ Date: _________________ Documents to be attached:

(i) Copy of FIR

2021:DHC:76 Scheme for Motor Accident Claims FORM-II RIGHTS OF VICTIM(S) OF ROAD ACCIDENTAND FLOW CHART OF THIS SCHEME To be handed over by IO to the Victim/Family Members/Legal Representatives within 10 days of the accident

1. Right to immediate medical aid and treatment.

2. Right to copy of FIR.

3. Right to copy of First Accident Report (FAR) in Form - I.

4. Right to copy of Rights of Victim and Flow Chart of this Scheme in Form -II.

5. Right to copy of Driver’s Form-III along with the documents.

6. Right to copy of Owner’s Form-IV along with the documents.

7. Right to copy of Interim Accident Report (IAR) in Form-V along with the documents.

8. Right to blank copy of format of Victim’s Form-VIA and Form-VIB.

9. Right to copy of Detailed Accident Report (DAR) in Form-VII along with the documents.

10. Right to copy of Insurance Form-XI.

11. Right to copy of Report under Section 173 Cr.P.C.

12. Right to copy of Victim Impact Report in Form-XII.

13. Right to copy of MLC and Post-Mortem Report.

14. Right to free legal aid from Delhi State Legal Services Authority.

15. Right to appear before the Claims Tribunal in person or through lawyer.

16. Right of a minor child/children (18 years or below) of the victim to be referred to the Child Welfare Committee by the IO for Inquiry into their needs and status.

17. Right of a minor child/children (18 years or below) of the victim to have the Child Welfare Committee conduct an Inquiry through the District Child Protection Officer into their well-being, medical needs, security, nutrition etc.

18. Right of a minor child/children (18 years or below) of the victim to get all benefits of Juvenile Justice (Care and Protection of Children) Act, 2015 in case the Child Welfare Committee returns a finding of a child being a Child in Need of Care and Protection (CNCP).

19. Right of such minor child/children of the Victim to be placed in a Children’s Home in case both the parents died or the surviving parent is unable to take 2021:DHC:76 Scheme for Motor Accident Claims care of the child, as provided under the Juvenile Justice (Care and Protection of Children) Act, 2015.

20. Right to receive compensation under the Scheme for Motor Accident Claims formulated by the Delhi High Court. Flow Chart of this Scheme is attached. S.H.O./I.O P.I.S. No.: _________________ Phone No.: _________________ P.S.: _________________ Date: _________________ Acknowledgement of the Victim/Family Members/Legal Representatives I have received this Form and the Flow Chart of the Scheme along with the copy of a blank Victim’s Form-VIA and Form-VIB. Victim/Family Members/Legal Representatives Date: _________________ 2021:DHC:76 Scheme for Motor Accident Claims FLOW CHART OF SCHEME FOR MOTOR ACCIDENT CLAIMS

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4.

5. DSLSA Delhi Police Website Driver’s Form-III By driver to IO within 30 days Owner’s Form-IV By owner to IO within 30 days Victim(s) Insurance Company Interim Accident Report (IAR) – Form-V By the IO to Claims Tribunal within 50 days Victim’s Form-VIA and Form-VIB By victim(s) to IO within 60 days Detailed Accident Report (DAR) - Form-VII By IO to Claims Tribunal within 90 days First Accident Report (FAR) – Form-I By IO to Claims Tribunal Within 48 Hours Motor Vehicle Accident Insurance Form-XI By Insurance Company to Claims Tribunal within 30 days The Insurance Company accepts the liability and submits an offer of compensation in Form-XI The Insurance Company does not accept the liability and discloses grounds to contest the case in Form- XI If the amount offered by the Insurance Company is fair/reasonable and acceptable to the claimants, the Claims Tribunal shall pass a Consent Award If the amount offered by the Insurance Company is not fair and/or not acceptable to the claimants, the Claims Tribunal shall hear the arguments with respect to the quantum of compensation and pass an award The Claims Tribunal shall conduct an inquiry to be completed within 12 months of the accident. Proceeding to be completed within six months of the accident Proceeding to be completed within nine months of the accident Proceeding to be completed within twelve months of the accident Rights of Victim(s) of road accident in Form-II By IO to Victim(s) within 10 days 2021:DHC:76 Scheme for Motor Accident Claims FORM-III DRIVER’S FORM By Driver of the vehicle(s) to Investigating Officer Within 30 days of the Accident Copy to Victim(s) and Insurance Company FIR No. Date Under Section Police Station

1. Driver Details Name Father’s Name Mobile No. Address

2. Age/Date of Birth

3. Gender □ Male □ Female □ Other

4. Educational Qualifications □ Primary □ SSC □ HSC □ Graduate □ Postgraduate □ Doctorate □ Uneducated

5. Occupation □ Private Service □ Govt. Job □ Professional □ Agriculture □ Self-Employed □ Others

6. Monthly Income Rs.

7. Driving Licence □ Permanent □ Learner’s □ Juvenile □ Without License □ Others (Specify) 2021:DHC:76 Scheme for Motor Accident Claims

8. Driving Licence NO. 9. Period of Validity of Licence

10. Licensing Authority

11. Vehicle Registration NO. 12. Vehicle Type

13. Owner Details Name Mobile No. Address

14. Insurance Details Policy No. Period of Policy Name of Insurance Company Verification: Verified at ________ on this _____day of ________ that the contents of the above Form are true to my knowledge and the documents attached are true copies of their originals. Documents to be attached:

(i) ID/address proof

(ii) Driving Licence

(iii) Insurance Policy

Photograph and Signature of Driver 2021:DHC:76 Scheme for Motor Accident Claims FORM-IV OWNER’S FORM By Owner of the vehicle(s) to Investigating Officer Within 30 days of Accident Copy to the Victim(s) and Insurance Company FIR No. Date Under Section Police Station

1. Vehicle Details Registration No. Colour Make Model Year of Manufacture Chassis No. Engine No. Registering Authority Name Vehicle Type □ Motorized 2-wheeler □ Auto □ Car/Jeep/Taxi □ Cycle □ Rickshaw □ Bicycle □ Hand Drawn Cart □ Tempo/Tractor □ Bus □ Truck/Lorry □ Animal Drawn Cart □ Heavy Articulated Vehicle/ Trolley □ Not Known □ Others (Specify) 2021:DHC:76 Scheme for Motor Accident Claims Vehicle Use Type □ Private Vehicle □ Commercial Vehicle □ Goods & Carriage □ Garbage Truck □ Taxi/Hired Vehicle □ Public Service Vehicle □ Educational Institute Bus □ Others (Specify)

2. Owner Details Name In case of a company, give name of person in-charge in terms of Section 199 of the MV Act, 1988 Father’s Name Mobile No. Address Occupation

3. Driver Details Name Father’s Name Mobile No. Address Driving Licence No. Period of Validity Licensing Authority

4. Insurance Details Policy No. Period of Policy Name of Insurance Company 2021:DHC:76 Scheme for Motor Accident Claims Address of Insurance Company Details of previous Insurance Policy Whether the vehicle previously involved in any MACT case? If yes, give details of FIR and MACT case.

5. In case of commercial vehicle Permit details Fitness details

6. Whether the owner reported the accident to the Insurance Company □ Yes □ No Verification: Verified at ________ on this _____day of ________ that the contents of the above Form are true to my knowledge and the documents attached are true copies of their originals. Documents to be attached:

(i) ID/address proof

(ii) Registration Certificate

(iii) Driving Licence of the Driver

(iv) Insurance Policy

(v) Permit (vi) Fitness Photograph and Signature of Owner 2021:DHC:76

Scheme for Motor Accident Claims FORM-V INTERIM ACCIDENT REPORT (IAR) By Investigating Officer to Claims Tribunal Within 50 days of Accident Copy to Victim(s), Insurance Company and DSLSA FIR No. Date Under Section Police Station

1. Date of Accident

2. Time of Accident.

3. Place of Accident

4. Offending Vehicle Registration No. Vehicle Make Vehicle Model

5. Driver of the offending vehicle Name Father’s Name Mobile No. Address Driving Licence □ Permanent □ Learner’s □ Juvenile □ Without License □ Others (Specify) 2021:DHC:76 Scheme for Motor Accident Claims Driving Licence No. Validity of Licence Licensing Authority

6. Owner of the offending vehicle Name Father’s Name Mobile No. Address

7. In case of commercial vehicle Permit details Fitness details

8. Insurance Details Policy No. Period of Policy Name of Insurance Company Address of the Insurance Company

9. Witness(es) to the accident Witness-1: Name Mobile No. Address Witness-2: Name Mobile No. Address 2021:DHC:76 Scheme for Motor Accident Claims Witness-3: Name Mobile No. Address Witness-4: Name Mobile No. Address

10. Brief description of the Accident

11. Details of compliance(s)

(i) Date of filing of First Accident Report

(ii) Date of uploading FAR on the website of

(iii) Date of delivery of FIR and FAR to the

(iv) Date of delivery of FIR, Form-II and FAR to the Victim(s)

(v) Date of receipt of Form-III from the Driver

(vi) Date of receipt of Form-IV from the Owner

(vii) Date of delivery of Form-III and Form-IV to the Insurance Company

(viii) Date of delivery of Form-III and Form-IV to the Victim(s)

(ix) Whether the information/documents of the driver/owner have been verified.

If yes, attach the Verification Report. □ Yes □ No S.H.O./I.O P.I.S. No.: _________________ Phone No.: _________________ P.S.: _________________ Date: _________________ Documents to be attached:

(i) First Accident Report (FAR)

(ii) Driver’s Form-II along with documents submitted by the Driver

(iii) Owner’s Form-III along with documents submitted by the Owner

(iv) Verification Report

2021:DHC:76 Scheme for Motor Accident Claims FORM-VI A VICTIM’S FORM By Victim(s) to Investigating Officer within 60 days of Accident Copy to Insurance Company and DSLSA FIR No. Date Under Section Police Station

1. Date of Accident

2. Time of Accident

3. Place of Accident

4. Nature of case □ Simple Injury □ Grievous Injury □ Fatal □ Damage/loss of the property □ Any other loss/injury

5. Registration Number of the offending vehicle

6. Owner Details Name Address

7. Driver Details Name Address

8. Insurance Details Policy NO. 2021:DHC:76 Scheme for Motor Accident Claims Period of Policy Name of Insurance Company DEATH CASE

9. Name of the deceased

10. Father’s Name

11. Age / Date of Birth

12. Date of death

13. Gender of the deceased

14. Marital status of the deceased

15. Occupation of the deceased

16. If the deceased was employed, give the name and address of the employer

17. Income of the deceased

18. Whether the deceased was assessed to Income Tax If yes, file the copy of Income Tax Returns for the last three years □ Yes □ No

19. Whether the deceased was the sole earning member of the family □ Yes □ No

20. Details of medical treatment given to the deceased, prior to death. Give details of medical expenses incurred

21. Whether the victim got reimbursement of medical expenses from his employer or 2021:DHC:76 Scheme for Motor Accident Claims under a Mediclaim policy or under any government cashless treatment scheme or government insurance scheme If yes, provide details

22. Name, Age, Gender, Relation and Marital Status of Legal Representatives of the deceased Name Age / DOB Gender Relation Marital Status (i) (ii) (iii) (iv) (v) (vi)

23. Name, Contact Number and Address of Legal Representatives of the deceased Name Contact Number Present Address as well as Permanent Address (i) (ii) (iii) (iv) (v) (vi) 2021:DHC:76 Scheme for Motor Accident Claims

24. In case of children below the age of 18 years Name of Child Details of school and class of the child Annual School fee Approximate expenditure of the child (i) (ii) (iii) (iv) (v) (vi)

INJURY CASE

25. Name of the Injured

26. Father’s Name

27. Address of the Injured

28. Contact No. of Injured

29. Age / Date of Birth

30. Gender of the Injured

31. Marital status of the Injured

32. Occupation of the Injured

33. If the Injured was employed, give the name and address of the employer

34. Income of the Injured

35. Whether Injured assessed to Income Tax □ Yes □ No 2021:DHC:76 Scheme for Motor Accident Claims If yes, file the copy of Income Tax Returns for the last three years

36. Nature and description of Injury

37. Medical treatment taken by the Injured

38. Name of hospital and period of hospitalization Hospital Name Period of Hospitalization Doctor’s Name

39. Details of surgery(s), if undergone

40. Whether any permanent disability If yes, give details □ Yes □ No

41. Details of the family of the Injured Name Age / DOB Gender Relation (i) (ii) (iii) (iv) (v) (vi) 2021:DHC:76 Scheme for Motor Accident Claims

42. In case of children below the age of 18 years Name of Child Details of school and class of the child Annual School fee Approximate expenditure of the child (i) (ii) (iii) (iv) (v) (vi)

43. Pecuniary Losses suffered

(i) Expenditure on treatment

(ii) If treatment is still continuing, give the estimate of expenditure likely to be incurred on future treatment

(iii) Expenditure on conveyance, special diet, attendant charges etc.

(iv) Loss of income

(v) Loss of earning capacity

(vi) Any other pecuniary loss/damage

44. Whether the injured got reimbursement of medical expenses from his employer or under a Mediclaim policy or under any government cashless treatment scheme or government insurance scheme If yes, provide details □ Yes □ No 2021:DHC:76 Scheme for Motor Accident Claims

45. Value of loss/ damage to the property

46. Any additional information

47. Brief description of the accident

48. Compensation claimed Documents to be submitted In Death Cases:

1. Death certificate

2. Proof of age of the deceased which may be in form of (a) Birth Certificate; (b) School Certificate; (c) Certificate from Gram Panchayat (in case of illiterate); (d) Aadhar Card etc.

3. Proof of Occupation and Income of the deceased which may be in form of (a) Pay slip/salary certificate (salaried employee) (b) Bank statements of the last six months

(c) Income tax Returns for last three years (d) Balance Sheet, etc.

4. Proof of the legal representatives of the deceased such as ration card, passport etc.

5. In case of legal heirs below the age of 18, copy of school ID, proof of school fee, proof of other expenses/expenditure of the children.

6. Treatment record, medical bills and other expenditure prior to death

7. Bank Account no. of the legal representatives of the deceased near the place of their residence with name and address of the bank along with the necessary endorsement

8. Proof of reimbursement of medical expenses by employer or under a Mediclaim policy, if taken

9. Any other document 2021:DHC:76 Scheme for Motor Accident Claims In Injury Cases:

1. Multi angle photographs of the injured

2. Proof of age of the injured which may be in form of (a) Birth Certificate; (b) School Certificate; (c) Certificate from Gram Panchayat (in case of illiterate); (d) Aadhar Card etc.

3. Proof of Occupation and Income of the injured which may be in form of (a) Pay slip/salary certificate (salaried employee) (b) Bank statements of the last six months

(c) Income tax Returns for the last three years (d) Balance Sheet, etc.

4. Treatment record, medical bills and other expenditure. In case of continuing treatment give proof of future medical expenditure.

5. Proof of absence from work where loss of income on account of injury is being claimed, which may be in the form of (a) Certificate from the employer; (b) Extracts from the attendance register.

6. In case of legal heirs below the age of 18, copy of school ID, proof of school fee, proof of other expenses/expenditure of the children

7. Bank Account no. of the injured near the place of his residence with name and address of the bank along with the necessary endorsement

8. Proof of reimbursement of medical expenses by employer or under a Mediclaim policy, if taken

9. Any other document Verification: Verified at ____________on this ______ day of_____________ that the contents of the above Form are true to my knowledge and the documents attached are true copies of the originals In case of death, paste photograph of deceased here 2021:DHC:76 Scheme for Motor Accident Claims Name and signature of the injured/legal representative of deceased

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6. 2021:DHC:76 Scheme for Motor Accident Claims FORM-VI B VICTIM’S FORM RELATING TO MINOR CHILDREN OF VICTIM(S) By Victim(s) to Investigating Officer within 60 days of Accident Copy to Insurance Company, Child Welfare Committee and DSLSA FIR No. Date Under Section Police Station Details of the Minor Children (18 years or below) S.No Details of Children Child 1 Child 2 Child 3 Child 4

1. Name

2. Age/Date of Birth

3. Sex

4. SC/ST/OBC/General

5. Father’s Name

6. Mother’s Name

7. Guardian’s Name (If different from parent)

8. Family Income (Annual)

9. Permanent Address

10. Present Address

11. Contact No. of father/ mother/family 2021:DHC:76 Scheme for Motor Accident Claims member

12. Whether the child is Differently abled: If yes, give details

13. Present living conditions/ economic condition(after the accident) Educational details of children

14. Current status of education Level of education (class) Whether the child is enrolled under EWS quota

15. If not attending school, reasons to be provided

16. Detailed information of the school where the child is studying Corporation/ Municipal/ Panchayat Govt./Other Boards Private Management

17. Expenditure on education 2021:DHC:76 Scheme for Motor Accident Claims Monthly school tuition fee Annual school fee Private tuition / coaching fee Any other expenditure / logistics fee

18. Vocational training / skill development, if any Type of skill development Cost involved Health and Nutrition

19. Physical health condition of the child (including medical examination report, in case of any disability) Any injury to child. If yes, details to be given Loss of any body part due to accident

20. Mental health condition of the child Whether immediate psychological counseling / treatment/ support required Whether long term support required

21. Medical expenses, if any Cost involved in immediate medical treatment 2021:DHC:76 Scheme for Motor Accident Claims Cost involved in long term medical treatment

22. Diet and nutrition expenses Documents to be submitted

1. Copy of school/educational institution ID,

2. Copy of Aadhar card

3. Proof of education fee

4. Proof of other expenses/expenditure of the children

5. Copy of medical documents

6. Disability Certificate, if applicable

7. Copy of Caste certificate, if applicable

8. Copy of Income certificate, if applicable Verification: Verified at ____________on this ______ day of_____________ that the contents of the above Form are true to my knowledge and the documents attached are true copies of the originals