Delhi HC forms panel headed by judge to monitor motor accident claims

THE DELHI High Court has constituted a special committee, to be headed by a judge of the court, to supervise the implementation of a scheme formulated by it for Motor Accident Claims. Under the scheme, the investigating officer (IO) is required to send a First Accident Report (FAR) regarding any road accident to the Claims Tribunal and insurance company within 48 hours. It has also directed Delhi Police to set up a monitoring cell in four weeks for implementation of the scheme and upload the FARs on its website.

“India has a dubious distinction of having the highest number of road accidents,” said Justice J R Midha in a ruling regarding motor accident compensation, adding that road safety was an important issue of national concern.

In 2009, the court had formulated the Claims Tribunal Agreed Procedure for time-bound settlement of motor accident claims within 90-120 days and later directed Delhi Police to prepare an Accident Investigation Manual and implement a Detailed Accident Report (DAR) procedure on the same lines as is being done in Tamil Nadu.

As per Justice Midha’s order, the committee meant to supervise the scheme will be headed by a sitting or former HC judge, will have member secretary, DSLSA, as convenor and will include a Special Commissioner of Police, an Additional Secretary in the Ministry of Road Transport and Highways, and Secretary General of the General Insurance Council as its members. Delhi Police and insurance companies are required to file monthly compliance reports before the committee starting from April 2021.

The court has also directed the road transport ministry to consider the scheme at the time of framing of rules regarding the Accident Information Report. It has also directed Delhi Government to consider amending the Delhi Motor Accident Claims Tribunal Rules, 2008, to incorporate the scheme.