1. In Concord of India Insurance Co. Ltd. v. Nirmala Devi , (1979) 4 SCC 365, Justice Krishna Iyer observed as back as in the year 1979 that an explosive escalation of automobile accidents accounts for more deaths than the most deadly diseases which has become a lethal phenomenon on Indian roads everywhere. Justice Krishna Iyer further observed that automatic reporting of the accident by the police in a statutory pro-forma signed by the claimants to the Claims Tribunal would banish the legal delays in this compassionate jurisdiction. The relevant portion of the judgment is as under:

2. Medieval roads with treacherous dangers and total disrepair, explosive increase of heavy vehicles often terribly overloaded and without cautionary signals, reckless drivers crazy with speed and tipsy with spirituous potions, non- enforcement of traffic regulations designed for safety but offering opportunities for systematised corruption and little else and, as a cumulative effect, mounting highway accidents demand a new dimension to the law of torts through no fault liability and processual celerity and simplicity in compensation claims cases. Social justice, the command of the Constitution is being violated by the State itself by neglecting road repairs, ignoring deadly overloads and contesting liability after nationalising the bulk of bus transport and the whole of general insurance business. The jurisprudence of compensation for motor accidents must develop in the direction of no-fault liability and the determination of the quantum must be liberal, not niggardly since the law values life and limb in a free country in generous scales. In the present case, a doctor and his brother riding a motor cycle were hit by a jeep driver and both were killed. The fatal event occurred in November 1971, but the Motor Accident Claims Tribunal delivered judgment five years later awarding sums of Rs 80,000 and Rs 73,500 to the two sets of claimants.

3. The delay of five years in such cases is a terrible commentary on the judicial process. If only no-fault liability, automatic reporting by the police who investigate the accident in a statutory pro-forma signed by the claimants and forwarded to the tribunal as in Tamil Nadu and decentralised empowerment of such tribunals in every district coupled with informal procedures and liberation from court fees and the sophisticated rules of evidence and burden of proof were introduced -- easy and inexpensive if the State has the will to help the poor who mostly die in such accidents -- law's delays in this compassionate jurisdiction can be banished. Social justice in action is the measure of the State's constitutional sensitivity.‖ (Emphasis supplied) Signature Not Verified FAO 842/2003 Page 3 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

2. India has a dubious distinction of having the highest number of road accidents. According to the latest Report of Ministry of Road Transport and Highways, 4,49,002 road accidents were reported in 2019 resulting in 1,51,113 deaths and 4,51,361 injuries i.e. an average of one road accident every 1.17 minute resulting in one death every 3.47 minute, which is the highest in the world. Road accidents are a human tragedy which involves enormous human suffering and they impose huge socio-economic costs in terms of untimely deaths, injuries and loss of potential income. The ramifications of road accidents can be colossal and its negative impact is felt not only on individuals and their families but also on the economy. Road safety is an important issue of national concern.

3. Vide judgment dated 16th December, 2009, hereinafter referred to as Rajesh Tyagi - I, this Court formulated the Claims Tribunal Agreed Procedure for time bound settlement of motor accident claims within 90 to 120 days which was implemented w.e.f. 02nd April, 2010. In Delhi alone, about 21,820 accident cases were filed between 02nd April, 2010 to August, 2012 out of which the Claims Tribunals awarded compensation in 10,762 cases within 90 to 120 days by following the Claims Tribunal Agreed Procedure. The Claims Tribunal Agreed Procedure has revolutionized the motor accident compensation law inasmuch as the claimants get the compensation within 120 days of the accident without the need of filing a claim petition.

4. In Rajesh Tyagi - I, this Court directed Delhi Police to prepare Accident Investigation Manual to implement the Claims Tribunal Agreed Procedure in pursuance to which the Delhi Police prepared Accident Investigation Manual which was accepted on 17th March, 2010. Relevant Signature Not Verified FAO 842/2003 Page 4 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 portion of the order dated 17th March, 2010 is reproduced hereunder:-

5. In Mayur Arora v. Amit , 2011 (1) TAC 878, this Court noted that Delhi Police issued a Standing Order No. 157 of 2008 on 14 th August, 2008 and also prepared Accident Investigation Manual and Check-list for investigation of motor accident cases. The operative portion of the Accident Investigation Manual, Standing Order No. 157 of 2008 and Check-list of Delhi Police are Annexures II, III & IV respectively to the judgment of Mayur Arora v. Amit (supra). Relevant portion of the judgment is as under:-

6. In Rajesh Tyagi -I, this Court considered the suggestions of Dr. Arun Mohan, learned Amicus Curiae and directed Delhi Police to incorporate Signature Not Verified FAO 842/2003 Page 5 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 them in the training manual. Relevant portion of the judgment dated 16 th December, 2009 is reproduced hereunder:

After these calls, there be another call from the Investigating Officer's mobile phone to this number to signify the end of series. Appropriate system to bunch these calls can be easily engineered. The necessary information (call details) can then be transferred to the electronic case file which is opened for the particular accident.

To be doubly sure, the Investigating Officer may also call his own number from the driver's mobile phone. If no number is displayed, the Investigating Officer ought to seize the mobile phone.

Identification of the mobile phones in use at the time of the accident and accessibility through the service provider to driver's (and others') location and call listings for the preceding period will give law enforcement a much stronger hand. And more importantly, prevent false claims when there has not been any accident or injury.

Second:An Insurance Company must know about an accident immediately upon its occurrence so that it can make the necessary investigations. Presently, the insurance company comes in picture when the claim petition is filed and by that time the evidence can be created to convert a non-motor accident (or even a non- accident) into a motor accident. Evidence is also created of income levels so as to inflate the quantum.

As a solution to this, the Delhi Police needs to create a Website to which the Investigating Officer in the field can connect and so can insurance companies from their own computers.

The ‗information' sent by the Investigating Officer to this Website

- preferably on an electronic interactive form - will include details such as: motor vehicle registration number, chassis number, engine number, vehicle make, model, colour, type, etc; particulars of the owner such as his address, mobile telephone, occupation, etc.; driver's registered address and driving licence number; the police station within the jurisdiction of which the accident took place; description of the spot where the accident occurred; the other persons involved in the accident; brief cause of the accident; casualties occurred; insurance policy number; particulars of the insurance company, etc. Only as many as are available at that time can be filled in [Computer matching enables a few fields to be filled in and then it automatically shows up reasonably complete groups/fields (as suggestions/options) which include what was a possible error in the original keying-in.]. The Investigating Officer's mobile number and e-mail will also be entered.

Once the police starts placing this information on the web (which it can do virtually automatically within one hour of the accident) along with the time and location, and name of the insurance company (even two or three names may be given), the insurance company/ies can download this data (every hour) and search through their own database. The moment there is any matching / flagging, it can revert to the concerned Police Station on e-mail and to the Central Office, and even to the Investigating Officer.

Most of this exercise can be done by the computers automatically which (in absence of exact match) will give out (display) even particulars of similar vehicles in respect of which policies have been issued. So done, there is no reason why within a few hours of the accident, the insurance file cannot be reached and contact with the Investigating Officer made. The insurance companies can then depute their own field-agent to join in the investigations.

The insurance companies will have to fine-tune their own database of the policies which they have issued so that the necessary search and correlation can be made almost instantaneously. The idea is that in this computer day and age, the insurance companies must perform their task with diligence, and in the shortest of time get in touch with the AIO. Thus, the insurer has no longer to wait for summons from the MACT to know of the accident.

Third : The Delhi Police needs to prepare and make available to all Investigating Officers:

More importantly, the Investigating Officer must also bestow some attention on what could have prevented the accident and prepare a note to that effect for being filed with the Central Office.

Lastly The police could consider making available web-connected (Fourth) mobile phones with camera which can take photographs of the vehicle, number-plate, chassis-number-plate, driver, victim and electronically transmit these to the Central Police website / computer.

Ideally, alongside recording the statement of the witnesses in the case diary (under Section 161 Cr.P.C., these can be video- recorded at the site, and the CD preserved as part of the case file.

In future, we can have palm tops to scan the licence and thumb impression of the driver as also the thumb impression of the victim/s together with high resolution photographs and automatic GPS based location marker and time print [also stated as latitude and longitude as degree, minutes and seconds].

xxx xxx xxx xxx

17. The Delhi Police shall prepare a Motor Accident Investigation Manual which shall incorporate the suggestions given by Mr. Arun Mohan and shall place the same before this Court.‖ (Emphasis Supplied)

7. On 14th February, 2020, this Court directed Delhi Police to implement the aforesaid suggestions recorded in Rajesh Tyagi - I w.e.f. 15th April, 2020. Relevant portion of the order dated 14 th February, 2020 is reproduced hereunder:

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 Signature Not Verified FAO 842/2003 Page 9 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 reproduced hereunder:

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 Signature Not Verified FAO 842/2003 Page 10 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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:

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.R5, now forms part of the Delhi MACT Rules, 2008, as notified by Delhi administration. It is this Ex.R5 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 Signature Not Verified FAO 842/2003 Page 12 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified FAO 842/2003 Page 13 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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.R5) 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, Signature Not Verified FAO 842/2003 Page 14 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified FAO 842/2003 Page 15 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified FAO 842/2003 Page 16 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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, Signature Not Verified FAO 842/2003 Page 17 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 289 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 Signature Not Verified FAO 842/2003 Page 18 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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.R5 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 Signature Not Verified FAO 842/2003 Page 19 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified FAO 842/2003 Page 20 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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.

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 Signature Not Verified FAO 842/2003 Page 21 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified FAO 842/2003 Page 22 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified FAO 842/2003 Page 23 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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:-

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:

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.

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 :

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, Signature Not Verified FAO 842/2003 Page 28 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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:

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.

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:-

We have also perused the procedure, which has been placed before us as Annexure R5 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 R5 (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:-

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 05 th 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:-

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:

Reports - VAT § 600-606 involved in reportable content/uploads/2011/05/NYS-

- VAT § 606. Report motor vehicle accidents DMV-MV-104-Report-of- required upon accident Motor-Vehicle-Accident-

3. https://dmv.ny.gov/forms?pa ge=7 MV-104C - Bicycle 1. https://dmv.ny.gov/forms/m Accident Report- v104c.pdf Required to be filed by a bicyclist when a bike accident involving death Signature Not Verified FAO 842/2003 Page 34 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 or serious physical injury occurs on a public highway, but DOES NOT involve a motor vehicle.

MV-104COV - Police 1. https://dmv.ny.gov/forms/m Accident Report Cover v104cov.pdf Sheet - Cover Sheet for Police Accident Report forms MV-104A and MV-104AN. This cover sheet was formerly form MV-104AC.

MV-104D - Police 1. https://dmv.ny.gov/forms/m Report for Fatal Motor v104d.pdf Vehicle Accidents MV-104EN - Early 1. https://dmv.ny.gov/forms/m Notification of a Fatal v104en.pdf Accident - Used to notify DMV, as required by law, that a fatal crash has occurred and a full report will be forthcoming MV-104F - Accident 1. https://dmv.ny.gov/forms/m Report for School v104f.pdfa Vehicles Transporting Pupils/Teacher /Supervisors MV-104F.1 - Accident 1. https://dmv.ny.gov/forms/m Report for School v104f1.pdf Vehicles Transporting Pupils/Teacher/Superviso rs (Continuation Sheet) Continuation sheet for additional information for form MV-104F.

MV-104L - Report of 1. https://dmv.ny.gov/forms/m Motor Vehicle v104l.pdf Accident/Police Line of Duty Accident MV-104S - Truck and 1. https://dmv.ny.gov/forms/m Bus Supplemental Police v104s.pdf 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 Signature Not Verified FAO 842/2003 Page 35 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 form must be accompany the MV-104A(N) if the criteria in the instructions on the MV-104S are met.

2. USA New New Hampshire Revised State of New Hampshire 1. https://www.nh.gov/safety/d Hampshire Statutes Uniform Police Traffic ivisions/dmv/forms/documents/d Department of Title XXI - Motor Crash Report smv291.pdf Safety Vehicles DSMV 159 (Rev. 11/07) Division of Chapter 264 - Accidents 2. https://www.nh.gov/safety/d Motor and Financial DSMV291 (Rev.06/10) ivisions/dmv/forms/index.htm Vehicles Responsibility Driver Education Section 264:26 - Uniform Accident Report 3. https://www.nh.gov/safety/d Police Investigation ivisions/dmv/forms/documents/d Report of Accident.

Motor Carrier Accident 1. https://www.nh.gov/safety/d Report (DSMV 161) - ivisions/dmv/forms/documents/d For Law Enforcement smv161.pdf Use Only Operator (Driver) 1. https://www.nh.gov/safety/d Accident Report (DSMV ivisions/dmv/forms/documents/d

400) smv400.pdf Uniform Police Traffic 1. https://www.nh.gov/safety/d Accident Report (DSMV ivisions/dmv/forms/documents/d

159) - For Law smv159.pdf Enforcement Use Only

2. https://www.nh.gov/safety/d ivisions/dmv/forms/documents/d smv160.pdf Uniform Police Traffic 1. https://www.nh.gov/safety/d Accident Report ivisions/dmv/forms/documents/d Key (DSMV 160) - For smv160.pdf Law Enforcement Use Only

3. USA Alabama Code of Alabama 1975 Alabama Uniform Traffic 1. https://one.nhtsa.gov/nhtsa/s Department of Title 32. Motor Vehicles Crash Report tateCatalog/states/al/docs/AL_P Public Safety - and Traffic AR_06-08.pdf Safety AST - 27 (Rev.06/08) Responsibility § 32-10-7 - Written Unit reports of accidents; Alabama - Uniform release of information Traffic Crash Report -

§ 32-10-8 - Accident Truck/Bus Supplemental report forms Sheet (6/08) § 32-10-9 - Coroners to report § 32-10-10- Garages to report accident and bullet damage Alabama Crash Report 1. https://one.nhtsa.gov/nhtsa/s § 32-10-11- Accident 1991 - AST - 27 - tateCatalog/states/al/docs/Alaba reports confidential (Rev.01/91) ma.pdf Now Not In Use -

Replaced by AST - 27 (Rev.06/08) Signature Not Verified FAO 842/2003 Page 36 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 Alabama Operator Crash 1. https://one.nhtsa.gov/nhtsa/s Report 1998 - SR - 13 tateCatalog/states/al/docs/AL_S Revised 1-98 R_13_OperatorReport_rev_1_1

4. USA Alaska Alaska Statutes Title 28. State of Alaska Motor 1. http://www.dot.state.ak.us/st Department of Motor Vehicles Vehicle Collision Report wdplng/hwysafety/assets/pdf/Al Transportation § 28.35.080 - Form - 12-200 is to be aska_Motor_Vehicle_Collision_ & Public Immediate notice of used by all law Report_Manual_Jan_2016.pdf Facilities accident enforcement officers to

(b) report motor vehicle 2. https://www.nhtsa.gov/sites/ crashes in Alaska. nhtsa.dot.gov/files/documents/a k_2013_12- Appendix B 200_paper_report_sub6_4_12.p df Alaska Motor Vehicle 1. http://www.dot.state.ak.us/1 Crash Form 12-209 for 2209V4/jsp/12209main.jsp#for Driver mBtn

5. USA Arkansas Arkansas Code Arkansas Motor Vehicle 1. https://www.dfa.arkansas.go Safety Title 27 - Transportation Accident Report Form v/images/uploads/driverServices Responsibility Subtitle 4 - Motor ―SR-1‖ Office/SR121.pdf.

Section Vehicular Traffic Chapter 53 - Accidents 2. http://workzone.eng.wayne.e Subchapter 3 - du/crash_report/State_Reports/A Investigations rkansas_Crash_(1-07).pdf § 27-53-303 -

Jurisdiction and Arkansas - Motor 1. https://www.nhtsa.gov/sites/ responsibilities of law Vehicle Crash Report: nhtsa.dot.gov/files/documents/2 enforcement officers (1/07) - Crash Report - 016-04- Crash Summary 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 FORM 01-2704A 1. https://www.nhtsa.gov/docu Title 28. Transportation R 11/2017 - standard ment/arizona-crash-report-01- § 28-667 - Written report form. 2704a-revised-112017 accident report FORM 01-2704A R 06/2010 - standard report form. 2. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/fi FORM 01-2704B R nal_crash_report.pdf 07/2010 - continuation of the standard report form Signature Not Verified FAO 842/2003 Page 37 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 FORM 01-2704C R 3. https://www.nhtsa.gov/nhtsa 06/2010 - Narrative - /stateCatalog/states/az/docs/AZ_ This is a continuation Crash_Manual_rev8_2010_sub_ form for the standard 3_2011web.pdf 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.

7. USA California 2011 California Code Traffic Collision Report. 1. https://www.nhtsa.gov/sites/ Vehicle Code Chp 555 (Rev.7-03) OPI nhtsa.dot.gov/files/documents/ca Division 10. Accidents & 060 _chp555_sub6_2012.pdf Accident Reports [20000

- 20018] State of California 2. http://www.bidnet.com/bnea Chapter 1. Accidents & narrative/supplemental ttachments?/374267997.pdf Accident Reports CHP 556 (Rev. 7-03) Section 20000 - 20018 OPI 042 3. https://www.documents.dgs.

ca.gov/dgs/fmc/pdf/std270.pdf CA Veh Code §§ 20000 - STD-270: Vehicle 20018 (through 2012 Leg Accident Reporting Form 4. https://www.documents.dgs.

Sess) for State Drivers ca.gov/dgs/fmc/pdf/std268.pdf STD-268: Accident 5. https://www.documents.dgs. Report (Other Than ca.gov/dgs/fmc/pdf/std274.pdf Motor Vehicle) STD-274: Supervisor Review of State Driver Accidents

8. USA Colorado Colorado Revised DR3447 Traffic Crash 1. https://www.codot.gov/abou Department of Statutes Annotated Report Form t/committees/strac/dr3447- Transportation Title 42. Vehicles and folder/dr3447-crash-report-

Traffic Regulation of DR3447 is the new crash official-released-form vehicles and Traffic report form for Colorado, Article 4. Regulation of replacing the DR2447 2. https://www.codot.gov/abou Vehicles & Traffic t/committees/strac/dr3447- Signature Not Verified FAO 842/2003 Page 38 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 Part 16. Accidents AND folder/using-the-dr3447/dr3447- Accident Reports paper-report-page-handling C.R.S. 42-4-1606 -1608 [Model Traffic Code For Colorado, 2020 has omitted chapter of Accidents Reports]

9. USA Connecticut Connecticut Vehicle Connecticut Uniform 1. https://www.nhtsa.gov/docu Department of Code § 9-26-1-1.1 Police Crash Report ment/connecticut-uniform- Transportation Car accident reporting Form PR-1 REV police-crash-report-form-pr-1-

Code § 14-224 Connecticut Uniform 2. https://www.nhtsa.gov/docu Uniform investigation of Fatal Crash Supplement ment/connecticut-uniform-fatal- accident report PR-2 REV crash-supplement-pr-2-revised-

Statutes 3. https://portal.ct.gov/-

Interpretation of Laws 2. https://one.nhtsa.gov/nhtsa/s tateCatalog/states/de/docs/DE_P Delaware Code Title 21 § AR_Form438_rev_10_1987.pdf 4203 (d)

3. https://www.nhtsa.gov/docu ment/electronic-state-delaware-

uniform-collision-report

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

§ 50-1301.10. Accident report -- Required. [Now Repealed]

12. USA Florida Florida Code Florida Crash Report 1. https://one.nhtsa.gov/nhtsa/s Title XXIII Motor HSMV-90010S(E), tateCatalog/states/fl/docs/FL_P Vehicles Rev. 6/2013 AR_HSMV90010S(E)_rev06-

316.065-69 HSMV 90011S 2. https://one.nhtsa.gov/nhtsa/s Crashes; Reports; tateCatalog/states/fl/docs/FL_O Signature Not Verified FAO 842/2003 Page 39 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 Penalties. etc. peratorReport_sub5_2011.pdf FL Stat § 316.065-69 (2019)

13. USA Georgia Georgia Vehicle Code Personal Report of 1. http://odis.dhs.state.ga.us/Vi § 40-9-32 Proof of Accident ewDocument.aspx?docId=30051 insurance after an DHS Transportation 49&verId=1 accident Manual- Exhibit 28

2. https://dhs.georgia.gov/docu Georgia Vehicle Code Appendix 24 - Vehicle ment/publication/transportation-

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

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

16. USA Idaho Idaho Code Idaho Vehicle Collision 1. https://one.nhtsa.gov/nhtsa/s Report tateCatalog/states/id/docs/ID_Cr § Section 49-1306 - Idaho ITD-0090 Crash ash_Report_rev3_2011_sub3_2 Written Reports of Form, 2011 012.pdf Accidents § Section 49-1307 -

Accident Report Forms

17. USA Illinois Illinois Compiled Illinois SR 1050 Department of Statutes Crash Report, 1/2013

1. https://www.nhtsa.gov/sites/ (625 ILCS 5/11-408) nhtsa.dot.gov/files/documents/il Transportation from Ch. 95 1/2, par. 11- _crash_report_instruction_manu Signature Not Verified FAO 842/2003 Page 40 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

408) SR 1050A al_2013.pdf Additional Units/Amended Report 2. https://www.nhtsa.gov/sites/ Form nhtsa.dot.gov/files/documents/il _sr1000_par_rev1_2013_sub12_ SR 1 Motorist Report 2013.pdf Form, singles

18. USA Indiana Indiana Vehicle Code Indiana Officer's 1. https://www.nhtsa.gov/sites/ § 9-26-1-1.1 Standard Crash Report nhtsa.dot.gov/files/documents/in After an accident _electronicvcrs_crashreport_sub 12_2013.pdf

19. USA Kansas Kansas Uniform Act Kansas Crash Report 1. https://www.nhtsa.gov/sites/ Regulating Traffic Form No. 850 nhtsa.dot.gov/files/documents/ks Sections 8-1604; 8-1605; Rev. 1/2005 _par_rev2005_sub_06_05_2006.

Form 850-A 2. https://www.nhtsa.gov/sites/ Rev. 1/2009 nhtsa.dot.gov/files/documents/ks _par_850a_rev9_2009_sub10_2

20. USA Kentucky Kentucky Revised Kentucky Electronic KSP 1. https://www.nhtsa.gov/sites/ Statutes, Title XVI Motor 74, Revised 7/2008 nhtsa.dot.gov/files/documents/k Vehicles § 189.635 y_ksp74_rev7_2008_sub4_2012 Kentucky Crash Report .pdf KSP 74, Revised 01/2000 2. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/k Kentucky CMV Crash y_par_ksp_74_rev_1_2000_0.pd Report KSP 74A f Kentucky Paper Crash 3. https://www.nhtsa.gov/sites/ Report KSP 74 Revised nhtsa.dot.gov/files/documents/k 6/2004 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 State of Louisiana 1. https://www.nhtsa.gov/sites/ Statutes, Title 32 § 398 Uniform Motor Vehicle nhtsa.dot.gov/files/documents/la Traffic Crash Report _crash_report_rev_3_2005_sub_ 5_22_08.pdf Form - DPSSP 3105 (Rev. Mar. 2005)

22. USA Maine Requirements on scene: Maine Crash Report 1. https://www.nhtsa.gov/sites/ §2252 to 2255 Form 13:20A nhtsa.dot.gov/files/documents/m aine_par_rev1_2010_sub_6_201 Police notification/report: Revised 1/2010 1.pdf §2251 Signature Not Verified FAO 842/2003 Page 41 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

23. USA Maryland MD Transportation Code Maryland MSP Form #1 1. https://www.nhtsa.gov/sites/ § 20-107 Post-accident Crash Report, Revised nhtsa.dot.gov/files/documents/m reporting to MVA 1/1993 aryland_0.pdf MD Transportation Code § 20-104 Car accident reporting guidelines MD Transportation Code § 20-106 Reporting accident with domestic animals

24. USA Massachusetts Massachusetts General Massachusetts CRA-65 1. https://www.nhtsa.gov/sites/ Laws Chapter 90 § 26 Rev 2.0 Crash Report, nhtsa.dot.gov/files/documents/m Revised 02/2005 a_par_02_2005.pdf

25. USA Michigan Motor Vehicles § Michigan UD-10 Crash 1. https://www.nhtsa.gov/sites/ 257.622 Duty to report Form, Revised 01/2004 nhtsa.dot.gov/files/documents/m accidents i_ud10_crashform_01_2004.pdf 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

26. USA Minnesota Minnesota Statutes Minnesota PS-32003-10 1. https://www.nhtsa.gov/sites/ Insurance (Ch. 59A- Crash Report nhtsa.dot.gov/files/documents/m 79A) 65B.42 (Purpose) n_par_01_2003.pdf Minnesota PS-32001-08 Minnesota Statutes Operator Report 2. https://www.nhtsa.gov/sites/ Insurance (Ch. 59A- (Operator Report) nhtsa.dot.gov/files/documents/m 79A) 65B.46 (Right to n_operator_report.pdf Benefits) Minnesota PS-32003, revised 1/1991 and PS- 3. https://www.nhtsa.gov/sites/ Minnesota Statutes 32003-7 nhtsa.dot.gov/files/documents/m Transportation (Ch. 160- n_par_ps32003_1_1991.pdf 174A) 169.09 (Cannot leave accident scene)

27. USA Mississippi Requirements on scene: Mississippi Uniform 1. https://www.nhtsa.gov/sites/ §63-3-401 to 63-3-409 Crash Report, revised nhtsa.dot.gov/files/documents/m 10/2009 s_par_rev10_1_09_sub9_17_10.

3-417 Crash Report SR-3 and 2. nhtsa.gov/sites/nhtsa.dot.gov Signature Not Verified FAO 842/2003 Page 42 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 Supplement, Revised /files/documents/ms_par_sr3_re 10/1984 v10_1984.pdf

28. USA Missouri Missouri Code § 300.030 Motor Vehicle Accident 1. https://dor.mo.gov/forms/11 Traffic division to Report 40.pdf investigate accidents Form 1140 Rev.6 - 2006 2. https://www.nhtsa.gov/sites/ Missouri Code § 300.110 nhtsa.dot.gov/files/documents/m Immediate notice of Missouri SHP-2Q Crash o_par_rev01_2012.pdf accident within city Report, Revised 01/2012 Missouri Code § 303.040 Reporting an uninsured motorist following an accident

29. USA Montana Montana Uniform Montana Crash Report 1. https://www.nhtsa.gov/sites/ Accident Reporting Act Form HQ1599 nhtsa.dot.gov/files/documents/m Sections 61-7-108, 61-7- t_nhq1599.pdf 109, and 61-7-110

30. USA Nebraska Nebraska Vehicle Code § Nebraska DR Form 40, 1. https://www.nhtsa.gov/docu 60-699 Reports required Revised 8/2012 ment/nebraska-dr-form-40-

of operators revised-82012 Nebraska Truck and Bus Nebraska Vehicle Code § Supplement Form DR40, 2. https://www.nhtsa.gov/docu 60-696 Reporting Revised 04/2009 ment/nebraska-truck-and-bus- accident with unattended supplement-form-dr40-revised-

car/property Nebraska Continuation 042009 Form DR40a, Revised 01/2009 3. https://www.nhtsa.gov/docu ment/nebraska-continuation-

Nebraska DR Form 40, form-dr40a-revised-012009 Revised 01/2009

4. https://www.nhtsa.gov/docu Nebraska DR Form 40, ment/nebraska-dr-form-40-

Only Report, revised 2. https://www.nhtsa.gov/docu 8/2006 ment/nevada-property-damage-

only-report-revised-82006 Nevada Crash Report, revised 1/2004 3. https://www.nhtsa.gov/docu ment/nevada-crash-report-

revised-12004

32. USA New New Hampshire Motor 1. https://www.nhtsa.gov/docu Hampshire Carrier Accident Report, ment/new-hampshire-motor-

rev. 05/08 carrier-accident-report-rev-0508 Signature Not Verified FAO 842/2003 Page 43 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 New Hampshire Uniform 2. https://www.nhtsa.gov/docu Traffic Crash Report, rev. ment/new-hampshire-uniform-

11/07 traffic-crash-report-rev-1107 New Hampshire PAR 3. https://www.nhtsa.gov/docu DSMV-160, rev. 08/93 ment/new-hampshire-par-dsmv-

160-rev-0893

33. USA New Jersey New Jersey Statutes State of New Jersey 1. https://www.state.nj.us/trans Chapter 39 (Motor Police Crash portation/refdata/accident/pdf/N Vehicles & Traffic Investigation Report JTR-1.pdf Regulation) § 4-130 NJTR-1, Revised 04/2010

34. USA New Mexico New Mexico Statutes New Mexico SH 10074 1. https://www.nhtsa.gov/sites/ Sections 66-7-206, 66-7- Uniform Crash Report, nhtsa.dot.gov/files/documents/n 207 Revised 1/2011 m_par_code_sheet_rev1_2011.p df

35. USA North Carolina NC Motor Vehicles § 20- North Carolina Crash 1. https://www.nhtsa.gov/sites/ 166.1 Reports and Report DMV-349, nhtsa.dot.gov/files/documents/n investigations required in 1/2009 c_par_dmv-349_rev1_2009.pdf event of accident

2. https://www.nhtsa.gov/docu NC Motor Vehicles § 20- ment/north-dakota-sfn2344- 166 Duty to stop in event crash-report-revised-52009 of a crash, furnishing information 3. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/n d_par_rev_12_2006_sub_5_21_

36. USA North Dakota North Dakota Vehicle North Dakota DOT2356 1. https://www.nhtsa.gov/sites/ Code § § 39-08- Overlay, revised 6/2009 nhtsa.dot.gov/files/documents/n 09 Immediate notice of d_overlay_dot2356_rev6_2009_ accident North Dakota SFN2344 sub11_5_09.pdf Crash Report, revised North Dakota Vehicle 5/2009 2. https://www.nhtsa.gov/sites/ Code § 39-07-12 Garages nhtsa.dot.gov/files/documents/n to report d_par_sfn2355_rev5_2009_sub1 1_5_09.pdf

37. USA Ohio 2019 Ohio Revised Code Ohio OH-1 Crash Report, 1. https://www.nhtsa.gov/sites/ Title [45] XLV Motor Revised 1/2012 nhtsa.dot.gov/files/documents/o Vehicles - Aeronautics - OH PAR - Occupant h-1_rev1_2012.pdf Watercraft Information, rev. 6/2009 Chapter 4509 - Financial

2. https://www.nhtsa.gov/docu Responsibility OH PAR - Vehicle & ment/oh-par-occupant-

Section 4509.06 - Crash Information, rev.

owner. OH PAR - Narrative & 3. https://www.nhtsa.gov/docu Diagram, rev. 6/2009 ment/oh-par-vehicle-crash-

information-rev-62009 Ohio Rev Code § 4509.06 (2019)

4. https://www.nhtsa.gov/docu ment/oh-par-narrative-diagram-

38. USA Oklahoma Oklahoma Stat § 47-10- Oklahoma DPS 0192-01 1. https://www.nhtsa.gov/sites/ 107 Immediate reporting Crash Report, Revised nhtsa.dot.gov/files/documents/o of injury accidents 01/2007 k_par_rev01_07_sub_08_16_06.

Report, Revised 6/2007 2. https://www.nhtsa.gov/sites/ nhtsa.dot.gov/files/documents/or Truck/Bus Supplement, _par_46ab_rev6_2007.pdf Revised 11/2011

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 § Pennsylvania Crash 1. https://www.nhtsa.gov/docu 3747 Written report of Form, Revised 12/2002 ment/pennsylvania-crash-form-

3746 Immediate notice of 12/2002 2. https://www.nhtsa.gov/docu accident to police ment/instructions-revised-

41. USA Rhode Island Rhode Island General Rhode Island Uniform 1. https://www.nhtsa.gov/sites/ Laws - Title 31. Crash Report nhtsa.dot.gov/files/documents/ri Motor and Other 12/2013 _par_sent_12_5_2013.pdf Vehicles Requirements on scene:

42. USA South Carolina Motor Vehicles § 56-5- South Carolina TR-310 1. https://www.nhtsa.gov/docu 1260 Immediate report of Crash Report Form, ment/south-carolina-tr-310- accidents resulting in revised 11/2011 crash-report-form-revised-

Supplement, revised 2. https://www.nhtsa.gov/docu reports of certain 4/2009 ment/cmv-and-bus-supplement- accidents revised-42009

43. USA South Dakota Motor Vehicles § 32-34- South Dakota Crash 1. https://www.nhtsa.gov/docu 7 Immediate accident Form DPS-AR1, revised ment/south-dakota-crash-form-

notification 12/11/2003 dps-ar1-revised-12112003 Motor Vehicles § 32-34- 13 Accident Reports not South Dakota Crash 2. https://www.nhtsa.gov/docu privileged Form Overlay DPS-AR2, ment/south-dakota-crash-form- revised 12/11/2003 overlay-dps-ar2-revised-

44. USA Tennessee Tenn. Vehicle Code § 55- Tennessee TITAN 1. https://www.nhtsa.gov/docu 10-107 Owner/Driver eCrash Report, Revised ment/tennessee-titan-ecrash- Accident Report Filing 2009 report-revised-2009 Tenn. Vehicle Code § 55- 10-106 Reporting Accidents to Law Enforcement Tenn. Vehicle Code § 55- 10-104 Accident with unattended vehicles, written notice

45. USA Texas Texas Transportation Texas CR-3 Alternate 1. https://www.nhtsa.gov/docu Code § 601.004 Crash Report, revised ment/texas-cr-3-alternate-crash-

7/2011 report-revised-72011 Texas CR-3 Crash 2. https://www.nhtsa.gov/docu Report with Additional ment/texas-cr-3-crash-report- Persons Supplements, additional-persons-supplements-

revised 1/2010 revised-12010 Texas CR-2 Operator 3. https://www.nhtsa.gov/docu Report, revised 2/2010 ment/texas-cr-2-operator-report-

revised-22010 Texas CR-3 Peace Officer's Crash Report, 4. https://www.nhtsa.gov/docu revised 3/2009 ment/texas-cr-3-peace-officers-

crash-report-revised-32009 Texas CR-3C Peace Officer's Commercial 5. https://www.nhtsa.gov/docu Vehicle Crash Report, ment/texas-cr-3c-peace-officers- revised 6/2008 commercial-vehicle-crash-

report-revised-62008

46. USA Utah Requirements on Utah Crash Report DI-9, 1. https://www.nhtsa.gov/sites/ scene: §41-6a-401 to 41- Rev. 3/2006 nhtsa.dot.gov/files/documents/ut 6a-401.9 ah_di-9_par_rev3_2006.pdf Police notification: §41- Utah DI-9 Overlay, Rev. 6a-401; 41-6a-401.7 1/2015 2. https://www.nhtsa.gov/docu Accident reports: §41-6a-

ment/utah-di-9-overlay-rev-

47. USA Virginia Virginia Codes (Motor Virginia Crash Report 1. https://www.nhtsa.gov/sites/ Vehicles) § 46.2-894 FR300-P, Rev. 7/2007 nhtsa.dot.gov/files/documents/v a_fr300_rev7_2007.pdf

48. USA Vermont Vermont Statutes Title Vermont Crash Report 1. https://www.nhtsa.gov/sites/

23. Motor Vehicles Form nhtsa.dot.gov/files/documents/vt § 1128- Accidents Printed 11/2013 _par_printed11_2013.pdf §1129 - Accident reports

49. USA Washington Washington Codes Washington Crash 1. https://www.nhtsa.gov/docu (Motor Vehicles) Report 3000-345-159R, ment/washington-crash-report-

§ 46.52.030 rev. 7/2006 3000-345-159r-rev-72006

50. USA West Virginia Virginia Code § 17C-4- West Virginia DMV-17- 1. https://www.nhtsa.gov/docu 6 Immediate notification C Crash Report, Revised ment/west-virginia-dmv-17-c-

of crashes 2/2007 crash-report-revised-22007 Virginia Code § 17C-4- 7 Report of crashes Virginia Code § 17C-4- 9 Crash report forms

51. USA Wisconsin Wisc. Vehicle Code § Wisconsin MV 4000-899 1. https://www.nhtsa.gov/docu 346.70 Accident Crash Report, Revised ment/wisconsin-mv-4000-899- reporting 9/2007 crash-report-revised-92007 Fatal Supplement MV 2. https://www.nhtsa.gov/docu 3480, Revised 12/2005 ment/fatal-supplement-mv-

3480-revised-122005 Operator Report MV 4002, Revised 12/2005 3. https://www.nhtsa.gov/docu ment/operator-report-mv-4002- revised-122005

52. USA Wyoming Requirements on Wyoming PR902 Crash 1. https://www.nhtsa.gov/docu scene: §31-5-1101 to 31- Report, revised 6/2006 ment/wyoming-pr902-crash-

Vehicle Supplement, 2. https://www.nhtsa.gov/docu 5-1105 to 31-5-1112 revised 6/27/2006 ment/pr-902a-additional-

vehicle-supplement-revised-

6/28/2006 3. https://www.nhtsa.gov/docu ment/pr902c-non-motorist-

PR902C Non-Motorist supplement-revised-6262006 Supplement, revised 6/26/2006 4. https://www.nhtsa.gov/docu ment/pr902e-bus-supplement-

7/5/2006 5. https://www.nhtsa.gov/docu ment/wyoming-pr901-operator-

Wyoming PR901 report-revised-062006 Operator Report, revised 06/2006 6. https://www.nhtsa.gov/docu ment/pr-901b-operator-

PR 901B Operator truckcmvbus-supplemental- Truck/CMV/Bus report-revised-11162006 Supplemental Report, revised 11/16/2006

53. USA Guam Guam Police Crash 1. https://www.nhtsa.gov/docu Report, revised 7/2007 ment/guam-police-crash-report-

revised-72007 Signature Not Verified FAO 842/2003 Page 47 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

54. USA Puerto Rico Puerto Rico PPR-94 1. https://www.nhtsa.gov/sites/ Crash Report, Revised nhtsa.dot.gov/files/documents/pr 01/1988 _par1web.pdf

55. USA Virgin Islands Virgin Islands Uniform 1. https://www.nhtsa.gov/docu Crash Report, approved ment/virgin-islands-uniform-

5/2007 crash-report-approved-52007

56. UK Driver and Section 170 of the Road Report an incident or 1. https://assets.publishing.serv Vehicle Traffic Act 1988 collision involving a ice.gov.uk/government/uploads/ Standards public service vehicle system/uploads/attachment_data Agency (PSV) /file/839674/Report-an-incident-

or-collision-involving-a-public-

DVSA PSV112 page 3 of service-vehicle.pdf 5 October 2019

57. Europe Federal 741.01 Constat Amiable 1. https://www.smeno.com/file Council, Swiss Federal Law on Road D' Accident Automobile admin/user_upload/constat_ami Government Traffic (LCR) European Accident able_auto.pdf France, Statement Switzerland 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 Signature Not Verified FAO 842/2003 Page 48 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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:

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;

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 Signature Not Verified FAO 842/2003 Page 51 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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:-

32. The flowchart of this Scheme is given in Form - II which is Signature Not Verified FAO 842/2003 Page 54 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 reproduced hereunder:

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:-

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 Signature Not Verified FAO 842/2003 Page 56 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified FAO 842/2003 Page 57 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified FAO 842/2003 Page 58 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified FAO 842/2003 Page 59 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified FAO 842/2003 Page 60 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Registrar General who shall circulate it to all the Claims Tribunals, Child Signature Not Verified FAO 842/2003 Page 61 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified FAO 842/2003 Page 62 of 62 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 SCHEME FOR MOTOR ACCIDENT CLAIMS FORMULATED BY DELHI HIGH COURT Signature Not Verified Scheme for Motor Accident Claims Page 1 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 SCHEME FOR MOTOR ACCIDENT CLAIMS FORMULATED BY DELHI HIGH COURT S. No. CONTENTS Page No. 1. Investigation of Road Accidents by Police 9

2. Form-I-First Accident Report (FAR) to be submitted by 9 the Investigating Officer to the Claims Tribunal within 48 hours

3. Form-II-Rights of Victim(s) and Flow Chart of this 10 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 10 to the Investigating Officer within 30 days

5. Form-IV-Owner's Form to be submitted by the owner 10 to the Investigating Officer within 30 days

6. Form-V-Interim Accident Report (IAR) to be submitted 11 by the Investigating Officer to the Claims Tribunal within 50 days

7. Verification of the Driver's Form and Owner's Form 11 by the Investigating Officer as well as the Insurance Company

8. Form-VIA-Victim's Form to be submitted by the 12 Victim(s) to the Investigating Officer within 60 days

9. Form-VIB-Victim's Form to be submitted by the 12 Victim(s) in respect of the minor children to the Signature Not Verified Scheme for Motor Accident Claims Page 2 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 Investigating Officer within 60 days

10. Verification of the Victim's Form by the Insurance 13 Company

11. Investigation of the criminal case to be completed by the 13 police within 60 days of the accident

12. Form-VII-Detailed Accident Report (DAR) to be 13 submitted by the Investigating Officer before the Claims Tribunal within 90 days

13. Copy of DAR to be furnished to victim(s), owner/driver 14 of the offending vehicle(s), Insurance Company and Delhi State Legal Services Authority (DSLSA)

14. Investigating Officer to seek necessary directions from 14 the Claims Tribunal 15. Extension of time to file IAR and DAR 14

16. Examination of FAR, IAR and DAR by the Claims 15 Tribunal

17. Duty of the Investigating Officer to produce the 15 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 16 prosecuted under Section 196 of the Motor Vehicles Act

19. In case of fake driving licence/permit/fitness/insurance 16 policy, appropriate action to be taken in accordance with law

20. Un-insured vehicle not to be released to the owner 16 Signature Not Verified Scheme for Motor Accident Claims Page 3 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

21. Duties of Police shall be construed to be part of State 17 Police Act

22. Duty of the Registration Authority to verify the 17 documents within 15 days of the application

23. Duty of the Hospital to issue MLC and Post-Mortem 17 Report within 15 days of the accident

24. Claims Tribunal shall treat DAR as a claim petition for 17 compensation under Section 166(4) of the Motor Vehicles Act

25. In cases of charge of rash and negligent driving, the 18 Claims Tribunal shall register the case under Section 166 of the Motor Vehicles Act

26. Duty of the Insurance Companies to appoint a Nodal 19 Officer and intimate the Delhi Police

27. Duty of the Insurance Company to appoint a Designated 19 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 20 Insurance Company before the Claims Tribunal within 30 days of DAR

30. Consent award to be passed where claimant(s) accepts 20 the offer of Insurance Company

31. Claimant(s) to respond to the offer of the Insurance 21 Company within 30 days Signature Not Verified Scheme for Motor Accident Claims Page 4 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

32. If the compensation offered by the Insurance Company 21 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 21 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 22 account near the place of their residence in a nationalized bank

36. Examination of the claimant(s) before passing of the 23 award

37. Form - XIII and XIV - Written submissions to be filed 24 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 27 compliance of the provisions in the award

42. Claims Tribunal shall fix a date for reporting 27 compliance

43. Copy of the DAR as well as the award to be sent to the 28 concerned Metropolitan Magistrate Signature Not Verified Scheme for Motor Accident Claims Page 5 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

44. Copy of the award to be sent to the Delhi State Legal 29 Services Authority (DSLSA)

45. Form - XVIII - Record of awards of the Claims 29 Tribunal

46. Form - XII- Victim Impact Report (VIR) to be filed by 29 Delhi State Legal Services Authority (DSLSA) before the Metropolitan Magistrate within 30 days of the conviction.

cases to be incorporated in the award FORM No XVI. Summary of the computation of award amount in 102 injury cases to be incorporated in the award FORM No XVII. Compliance of the provisions of the Scheme to be 105 Signature Not Verified Scheme for Motor Accident Claims Page 7 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 mentioned in the award FORM No XVIII. Format of record of awards to be maintained by the 107 Claims Tribunal FORM No XIX. Motor Accident Claims Annuity Deposit 108 (MACAD) scheme Signature Not Verified Scheme for Motor Accident Claims Page 8 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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.

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 Signature Not Verified Scheme for Motor Accident Claims Page 10 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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).

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).

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. Signature Not Verified Scheme for Motor Accident Claims Page 13 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

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;

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 Signature Not Verified Scheme for Motor Accident Claims Page 15 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified Scheme for Motor Accident Claims Page 16 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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.

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 .

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.

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.

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 Signature Not Verified Scheme for Motor Accident Claims Page 21 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified Scheme for Motor Accident Claims Page 22 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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:

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 Signature Not Verified Scheme for Motor Accident Claims Page 23 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified Scheme for Motor Accident Claims Page 24 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 Signature Not Verified Scheme for Motor Accident Claims Page 25 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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:-

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 Signature Not Verified Scheme for Motor Accident Claims Page 27 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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.

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.

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 □ Yes □ No of the Offending Vehicle known Signature Not Verified Scheme for Motor Accident Claims Page 30 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 Whether offending vehicle □ Yes □ No impounded by the police Whether the driver of the □ Yes □ No offending vehicle found on the spot 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 □ Yes □ No Footage If yes, CCTV Footage be preserved and be filed with DAR

8. Details of Owner(s), Driver(s) and Insurance of the Vehicle(s) Details Vehicle 1 Vehicle 2 (Offending vehicle) Vehicle Details Vehicle Registration No. Driver Details Name of the Driver Address of Driver Mobile No. of Driver Owner Details Name of the Owner Signature Not Verified Scheme for Motor Accident Claims Page 31 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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

(vi) S.H.O./I.O P.I.S. No. : _________________ Phone No. : _________________ P.S. : _________________ Date : _________________ Documents to be attached:

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 Signature Not Verified Scheme for Motor Accident Claims Page 33 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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.

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 : _________________ Signature Not Verified Scheme for Motor Accident Claims Page 34 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 FLOW CHART OF SCHEME FOR MOTOR ACCIDENT CLAIMS 1. Motor Vehicle

2. Accident DSLSA Delhi Police First Accident Report (FAR) - Form-I By IO to Claims Tribunal Website Within 48 Hours Rights of Victim(s) of road accident in Form-II By IO to Victim(s) within 10 days Driver's Form-III Owner's Form-IV By driver to IO within 30 days By owner to IO within 30 days Interim Accident Report (IAR) - Form-V By the IO to Claims Tribunal within 50 days Insurance Victim(s) Company 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 Insurance Form-XI By Insurance Company to Claims Tribunal within 30 days The Insurance Company The Insurance Company does accepts the liability and not accept the liability and submits an offer of discloses grounds to contest compensation in Form-XI the case in Form- XI If the amount offered by the If the amount offered by the The Claims Tribunal shall Insurance

3. Company is Insurance Company is not fair conduct an inquiry to be fair/reasonable and and/or not acceptable to the completed within 12 months of acceptable to the claimants, claimants, the Claims Tribunal shall the accident.

4. Claims Tribunal shall the hear the arguments with respect to pass a Consent Award the quantum of compensation and pass an award Proceeding to be completed Proceeding to be completed Proceeding to be completed within six months within nine months within twelve months

5. of the accident of the accident of the accident Signature Not Verified Scheme for Motor Accident Claims Page 35 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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) Signature Not Verified Scheme for Motor Accident Claims Page 36 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

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:

If yes, give details of FIR and MACT case.

5. In case of commercial vehicle Permit details Fitness details

6. Whether the owner reported □ Yes □ No the accident to the Insurance Company Verification:

If yes, attach the Verification Report.

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

(iv) Verification Report Signature Not Verified Scheme for Motor Accident Claims Page 44 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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. Signature Not Verified Scheme for Motor Accident Claims Page 45 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 □ Yes □ No to Income Tax If yes, file the copy of Income Tax Returns for the last three years

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

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 Signature Not Verified Scheme for Motor Accident Claims Page 46 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 / Gender Relation Marital DOB Status

23. Name, Contact Number and Address of Legal Representatives of the deceased Name Contact Number Present Address as well as Permanent Address

(vi) Signature Not Verified Scheme for Motor Accident Claims Page 47 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

24. In case of children below the age of 18 years Name of Child Details of school and Annual Approximate class of the child School fee expenditure of the child

(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 □ Yes □ No Income Tax Signature Not Verified Scheme for Motor Accident Claims Page 48 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 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 □ Yes □ No If yes, give details

41. Details of the family of the Injured Name Age / Gender Relation DOB

(vi) Signature Not Verified Scheme for Motor Accident Claims Page 49 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

42. In case of children below the age of 18 years Name of Child Details of school Annual School Approximate and class of the fee expenditure of the child child

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 □ Yes □ No 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 Signature Not Verified Scheme for Motor Accident Claims Page 50 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

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:

FORM-VII DETAILED ACCIDENT REPORT (DAR) By Investigating Officer to Claims Tribunal within 90 days of Accident Copy to Victim(s), Driver, Owner, 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 Accident □ Simple Injury □ Grievous Injury □ Fatal □ Damage/loss of the property □ Any other loss/injury

5. Offending Vehicle Details Registration No. Make Model Vehicle Type □ Motorized 2-wheeler □ Auto □ Car/Jeep/Taxi □ Cycle Rickshaw □ Hand Drawn Cart □ Bicycle □ Tempo/Tractor □ Truck/Lorry □ Animal Drawn Cart □ Bus □ Heavy Articulated Vehicle/ Trolley □ Not Known □ Other (Specify) Vehicle Use Type □ Private Vehicle □ Commercial Vehicle □ Goods & Carriage □ Garbage Truck □ Taxi/Hired Vehicle Signature Not Verified Scheme for Motor Accident Claims Page 59 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 □ Public Service Vehicle □ Educational Institute Bus □ Others (Specify)

6. Driver of offending vehicle Name Father's Name Mobile No. Address Driving Licence □ Permanent □ Learner's □ Juvenile □ Without License □ Others (Specify) Driving Licence No. Validity of Licence Licensing Authority

7. Owner of offending vehicle Name Father's Name Mobile No. Address

8. Insurance of offending vehicle Policy No. Period of Policy Name of Insurance Company

9. Whether License has been □ Yes □ No verified from the Authority.

If yes, attach report If no, give reasons Signature Not Verified Scheme for Motor Accident Claims Page 60 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

10. Whether Driving Licence □ Yes □ No suspended/cancelled If yes, give details

11. Whether driver injured □ Yes □ No during the accident If yes, give details

12. Vehicle was driven by □ Owner □ Paid Driver □ Others (Specify)

13. Whether the driver was □ Yes □ No driving under the influence of alcohol/drugs Whether findings based on scientific report. If yes, give details

14. Whether driver carrying □ Yes □ No mobile phone at the time of accident If yes, give details of Mobile Mobile No. IMEI No. Make & Model

15. Whether driver previously □ Yes □ No involved in motor accident case(s) If yes, whether case pending or decided by MACT? Give details of the FIR and MACT case Signature Not Verified Scheme for Motor Accident Claims Page 61 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

16. In case of commercial vehicle Permit details Fitness details

17. Whether Permit and □ Yes □ No Fitness have been verified from the Authority If yes, attach report If no, give reasons

18. Whether the owner □ Yes □ No reported the accident to the Insurance Company If yes, give date

19. In case the driver fled from □ Yes □ No spot, whether the owner produced the driver before the police If yes, attach the copy of notice under Section 133 of the Motor Vehicles Act.

Victim(s) details

20. Victim(s) □ Pedestrian/Bystander □ Cyclist □ Two-wheeler □ In other Vehicle □ Others (Specify) DEATH CASE

21. Name of the deceased

22. Age of the deceased

23. Occupation Signature Not Verified Scheme for Motor Accident Claims Page 62 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

24. Details of Legal Representatives of the deceased Name Relationship Age

(v) INJURY CASE

25. Name of the injured

27. Occupation

28. Nature of Injury Simple Grievous

29. Details of Injury

30. Offences Charged Indian Penal Code , 1860

(a) Section 279 Rash driving or riding on a public way □

(b) Section 337 Causing hurt by act endangering life or □ personal safety of others

(c) Section 338 Causing grievous hurt by act endangering □ life or personal safety of others

(d) Section 304-A Causing death by negligence □

(e) Any other offence Signature Not Verified Scheme for Motor Accident Claims Page 63 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 Motor Vehicles Act , 1988

(a) Sections 3 / 181 Driving without license □

(b) Sections 4 / 181 Driving by minor □

(c) Sections 5 / 180 Allowing unauthorized person to drive □

(d) Section 182 Offences relating to licences □

(e) Sections 56 /192 Without fitness □

(f) Sections 66(1) / 192A Without permit □

(g) Sections 112 / 183(1) Over speeding □

(h) Sections 113 / 194 Over loading □

(i) Sections 119 / 184 Jumping red light □

(j) Sections 119 / 177 Violation of mandatory signs (One way, □ No right turn, No left turn)

(k) Sections 122 / 177 Improper/ obstructive parking □

(l) Sections 146 / 196 Without insurance □

(m) Section 177 /RRR17(1) Violation of "One way" □

(n) Section Carrying High/Long Load □ 194(1A)/RRR29

(o) Section 184 /RRR6 Violation of "No overtaking" □

(p) Section 177 /CMVR Without light after sunset □ 105

(q) Section 179 Disobedience of orders, obstruction and □ refusal of information Signature Not Verified Scheme for Motor Accident Claims Page 64 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

(r) Section 184 Driving dangerously □

(s) Section 184 Using mobile phone while driving □

(t) Section 185 Drunken driving/ drugs □ (u) Section 186 Driving when mentally or physically □ unfit to drive

(v) Section 187 Violation of Sections 132(1)(a) , 133 & □ 134 (w) Section 190 Using vehicle in unsafe condition □

(x) Section 194A Carrying more passengers than □ authorised (y) Section 194B/ CMVR Driving without a safety belt □ 138(3) (z) Section 194C Penalty for violation of safety measures □ for motor cycle driver and pillion rider (aa) Section 194D Penalty for not wearing protective □ headgear (bb) Section 194E Failure to allow free passage to □ emergency vehicles (cc) Section 194F Using the horn unnecessarily or in □ places where it is prohibited (dd) Section 197 Taking vehicle without authority □ (ee) Section 199A Offence committed by juvenile □ (ff) Any other offence Signature Not Verified Scheme for Motor Accident Claims Page 65 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

31. Detailed description of the Accident Signature Not Verified Scheme for Motor Accident Claims Page 66 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

32. Direction(s) required from the Claims Tribunal

(i) The driver of the offending vehicle has not furnished Form-III/has furnished incomplete Form-III, despite letter(s) dated................. [Copy (s) attached]. The driver be directed to furnish the Form-III before this Tribunal within 15 days.

(ii) The owner of the offending vehicle has not furnished Form-IV/ has furnished incomplete Form-IV, despite letter(s) dated................. [Copy (s) attached]. The owner may be directed to furnish the Form-IV before this Tribunal within 15 days.

(iii) The victim(s) of the accident has/have not furnished Form-VIA/ Form-VIB/ has furnished incomplete Form-VIA/ Form-VIB, despite letter(s) dated................. [Copy (s) attached]. The victim may be directed to furnish the Form-VIA/ Form-VIB before this Tribunal within 15 days.

(iv) The Registration Authority has not given the Verification Report despite letter(s) dated ................. [Copy (s) attached]. The Registration Authority be directed to furnish the Verification Report directly before this Tribunal within 15 days.

(v) The Hospital has not given the MLC/ Post Mortem report despite letter(s) dated ................. [Copy (s) attached]. The Hospital be directed to furnish the above-mentioned documents directly before this Tribunal within 15 days.

33. Documents to be attached Document Attached Not Attached

(ii) Form-I - First Accident Report (FAR)

(iii) Form-II - Rights of Victim(s) and Flow Chart

(iv) Form-III - Driver's Form along with documents submitted

(v) Form-IV - Owner's Form along with documents submitted Signature Not Verified Scheme for Motor Accident Claims Page 67 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

(vi) Form-V - Interim Accident Report (IAR) along with documents submitted

(vii) Form-VIA- Victim's Form along with documents submitted

(viii) Form-VIB - Details of minor children of the Victim along with documents submitted

(ix) Form-VII- Detailed Accident Report (DAR)

(x) Form-VIII - Site Plan

(xi) Form-IX - Mechanical Inspection Report

(xii) Form-X - Verification Report

(xiii) Form-XI - Insurance Form along with documents submitted

(xiv) Photographs of the scene of accident from all angles

(xv) Photographs of all the vehicles involved in the accident from all angles (xvi) CCTV Footage of the accident (xvii) Report under Section 173 CrPC (xviii) Copy of notice under Section 133 of the Motor Vehicles Act DEATH CASE (xix) Post-Mortem Report INJURY CASE (xx) Medico Legal Case (MLC) form (xxi) Multi angle photographs of the injured OTHER DOCUMENTS Signature Not Verified Scheme for Motor Accident Claims Page 68 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 (xxii) Letter(s) of the Investigating Officer demanding the relevant information/documents from the driver (xxiii) Letter(s) of the Investigating Officer demanding the relevant information/documents from the owner (xxiv) Letter(s) of the Investigating Officer demanding the relevant information/documents from the Insurance Company (xxv) Letter(s) of the Investigating Officer demanding the relevant information/documents from the Victim(s) (xxvi) Letter(s) of the Investigating Officer demanding the relevant information/documents from the Registration Authorities (xxvii) Letter of the Investigating Officer demanding the relevant information/documents from the Hospital Verification:

Income of the deceased (A) Add-Future Prospects (B) Less-Personal expenses of the deceased (C) Monthly loss of dependency [(A+B) - C = D] Annual loss of dependency (D x 12) Multiplier (E) Total loss of dependency (E x 12 x D = F) Medical Expenses (G) Compensation for loss of consortium (H) Compensation of loss for love and affection (I) Compensation for loss of estate (J) Compensation towards funeral expenses (K) Total Compensation (F+ G + H + I+J+K = L) Signature Not Verified Scheme for Motor Accident Claims Page 80 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 INJURY CASE

22. Name of the victim

23. Age of the victim

24. Occupation

25. Monthly Income

26. Nature of Injury Simple Grievous

27. Type of Injury

28. Details of medical treatment

29. Details of permanent disability (if any)

30. Computation of compensation Amount in Rs.

Expenditure on the treatment Expenditure on conveyance Expenditure on special diet Cost of nursing/attendant Cost of artificial limb Loss of earning capacity Loss of income Any other loss which may require any special treatment or aid to the injured for the rest of his life Signature Not Verified Scheme for Motor Accident Claims Page 81 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 Compensation for mental and physical shock Pain and suffering Loss of amenities of life Disfiguration Loss of marriage prospects Loss of earning, inconvenience, hardships, disappointment, frustration, mental stress, dejectment and unhappiness in future life etc. Total compensation

31. If the Insurance Company does not admit the liability to pay the compensation, disclose the grounds on which the Insurance Company wants to contest the claim:

destructive behaviour, nightmares, agitation, social isolation, etc.) panic disorder or phobia(a) which got triggered by the incident/death of the deceased victim.

(xvi) Any other non-pecuniary loss/damage Total loss suffered II. Injury Case S. No. Description Particulars

22. Name of the injured

23. Father's /Spouse's name

24. Age of the injured

25. Gender of the injured

26. Marital status of the injured

27. Occupation of the injured

28. Income of the injured

29. Nature and description of injury

30. Medical treatment taken by the injured

31. Name of hospital and period of hospitalization

32. Details of surgeries, if undergone

33. Whether any permanent disability? If yes, give details

34. Whether the injured got reimbursement of medical expenses

35. Details of family/dependents of the injured:

(viii) Any other pecuniary loss/damage Non-Pecuniary Losses:

behaviour, nightmares, agitation, social isolation, etc.) panic disorder or phobia(a) which got triggered by the incident.

39. Whether the accused fled from the Spot If so, when he/ she appeared before Police/ Court or arrested?

40. Whether the Accused reported the accident to the Police/ family of the victim

41. (i) Whether the Accused provided any assistance to the victim?

(ii) Whether the Accused took the victim to the hospital?

(iii) Whether the Accused visited the victim at the hospital?

42. Whether the Accused remained at the spot till police arrived

43. Whether the Accused cooperated in the investigation

44. Whether the Accused removed his/ her vehicle from the spot before police arrived

45. Whether the Accused paid compensation/ medical expenses to victim/ his family

46. Whether the Accused has previous convictions

47. Whether the Accused is/ was a close relative or friend of the victim

48. Age of the Accused

49. Gender of the Accused

50. Whether accused suffered injuries during the accident

51. Whether the Accused discharged the duties under Sections 132 and 134 of the MV Act, 1988?

If no, whether the Accused has been prosecuted under Section 187 of MV Act

52. Whether the Driver has been previously involved in a motor Signature Not Verified Scheme for Motor Accident Claims Page 89 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 accident case If Yes, provide following details:

53. In case the driver fled from the spot, did the owner comply with the provisions of Section 133 of MV Act

54. Any other information regarding the conduct of the Accused

55. Apparent contributing circumstances

(i) Driving without valid driving license

(ii) Driving while disqualified

(iii) Learner driving without supervision

(iv) Vehicle not insured

(v) Driving a stolen vehicle

(vi) Vehicle taken out without the consent of the owner

(vii) Driving dangerously or at excessive speed

(viii) Dangerously loaded vehicle/ Overloaded

(ix) Parking on the wrong side of the road

(x) Improper parking/ Parking on wrong side of road

(xi) Non-observance of traffic rules

(xii) Poorly maintained vehicle

(xiii) Fake/forged driving license

(xiv) History of convulsions/ seizures

(xv) Fatigued/ Sleepy (xvi) Guilty of violation of traffic rules in the past (xvii) Previous convictions Signature Not Verified Scheme for Motor Accident Claims Page 90 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 (xviii) Suffering from medical condition that impairs driving (xix) Using mobile phone while driving (Handheld) (xx) Using mobile phone while driving (Handsfree) (xxi) More than one injured/ dead (xxii) Under the influence of alcohol or drugs

56. Aggressive Driving

(i) Jumping Red Light

(ii) Abrupt braking

(iii) Neglect to keep to the left of road

(iv) Criss Cross Driving

(v) Driving on the wrong side

(vi) Driving close to vehicle in front

(vii) Inappropriate attempts to overtake

(viii) Cutting in after overtaking

(ix) Exceeding Speed Limit

(x) Racing/ Competitive Driving

(xi) Disregarding any warnings

(xii) Overtaking where prohibited

(xiii) Driving with loud music

(xiv) Improper reversing

(xv) Improper passing (xvi) Improper turning (xvii) Turning without indication Signature Not Verified Scheme for Motor Accident Claims Page 91 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 (xviii) Driving in no-entry zone (xix) Not slowing at junctions/ crossings (xx) Turning with indication (xxi) Not respecting stop sign (xxii) Not respecting right of way to pedestrians

57. Irresponsible Behaviour

(i) Failing to stop after accident

(ii) Ran away from the spot after leaving the vehicle

(iii) Destruction or attempt to destroy the evidence

(iv) Falsely claiming that one of the victims was responsible for the accident

(v) Trying to throw the victim off the bonnet of the vehicle by swerving in order to escape

(vi) Causing death/injury in the course of dangerous driving post commission of crime or chased by police in an attempt to avoid detection or apprehension

(vii) Offence committed while the offender was on bail

(viii) Took any false defence

(ix) Misled the investigation

(x) Post-accident road rage behaviour Signature Not Verified Scheme for Motor Accident Claims Page 92 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 IV. Paying capacity of the accused The accused has submitted the affidavit of his assets and income in the format Annexure-A. The particulars given by the accused in his affidavit have been verified through SDM/Police/Prosecution and after considering the same, paying capacity of the accused is assessed as under:

................................................................................................... ...............................................................................................

10. Photographs of the injured and the injuries.............................................

11. Computation of Compensation:-

12. Pecuniary Loss:

14. Disability resulting in loss of earning capacity:

SUMMARY OF COMPUTATION OF AWARD AMOUNT IN DEATH CASES TO BE INCORPORATED IN THE AWARD

1. Date of accident....................................................................................

2. Name of the deceased.............................................................................

3. Age of the deceased...............................................................................

4. Occupation of the deceased......................................................................

5. Income of the deceased...........................................................................

6. Name, age and relationship of legal representatives of deceased:

9. Less-Personal expenses of the deceased (C) Signature Not Verified Scheme for Motor Accident Claims Page 100 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

10. Monthly loss of dependency [(A+B) - C = D]

11. Annual loss of dependency (D x 12)

12. Multiplier (E)

13. Total loss of dependency (D x 12 x E = F)

14. Medical Expenses (G)

15. Compensation for loss of consortium (H)

16. Compensation for loss of love and affection (I)

17. Compensation for loss of estate (J)

18. Compensation towards funeral expenses (K)

19. TOTAL COMPENSATION (F + G + H + I + J + K =L)

20. RATE OF INTEREST AWARDED

21. Interest amount up to the date of award (M)

22. Total amount including interest (L+M)

23. Award amount released

24. Award amount kept in FDRs

25. Mode of disbursement of the award amount to the claimant(s).

26. Next Date for compliance of the award.

FORM-XVI SUMMARY OF THE COMPUTATION OF AWARD AMOUNT IN INJURY CASES TO BE INCORPORATED IN THE AWARD

1. Date of accident............................................................................

2. Name of the injured.............................................................................

3. Age of the injured ...............................................................................

4. Occupation of the injured .....................................................................

5. Income of the injured ..........................................................................

6. Nature of injury..................................................................................

7. Medical treatment taken by the injured .....................................................

..........................................................................................................

8. Period of hospitalization........................................................................

9. Whether any permanent disability? If yes, give details.................................

..........................................................................................................

10. Computation of Compensation S.No. Awarded by the Tribunal Heads 11. Pecuniary Loss:

(viii) Any other loss which may require any special treatment or aid to the injured for the rest of his life 12. Non-Pecuniary Loss:

FORM - XVII COMPLIANCE OF THE PROVISIONS OF THE SCHEME TO BE MENTIONED IN THE AWARD

1. Date of the accident

2. Date of filing of Form-I - First Accident Report (FAR)

3. Date of delivery of Form-II to the victim(s)

4. Date of receipt of Form-III from the Driver

5. Date of receipt of Form-IV from the Owner

6. Date of filing of the Form-V-Interim Accident Report (IAR)

7. Date of receipt of Form-VIA and Form-VIB from the Victim(s)

8. Date of filing of Form-VII - Detailed Accident Report (DAR)

9. Whether there was any delay or deficiency on the part of the Investigating Officer? If so, whether any action/ direction warranted?

10. Date of appointment of the Designated Officer by the Insurance Company

11. Whether the Designated Officer of the Insurance Company submitted his report within 30 days of the DAR?

12. Whether there was any delay or deficiency on the part of the Designated Officer of the Insurance Company? If so, whether any action/direction warranted?

13. Date of response of the claimant(s) to the offer of the Insurance Company

14. Date of the award

15. Whether the claimant(s) was/were directed to open savings bank account(s) near their place of residence?

16. Date of order by which claimant(s) was/were directed to open savings bank account(s) near his place of residence and produce PAN Card and Aadhaar Card and the direction to the bank not issue any cheque book/debit card to the claimant(s) and make an endorsement to this effect on the passbook

17. Date on which the claimant(s) produced the passbook of their savings bank account near the place of their residence along with the endorsement, PAN Card and Adhaar Card?

18. Permanent Residential Address of the claimant(s)

19. Whether the claimant(s) savings bank account(s) is near his place of residence?

20. Whether the claimant(s) was/were examined at the time of passing of the award to ascertain his/their financial condition?

FORM - XVIII FORMAT OF RECORD OF AWARDS TO BE MAINTAINED BY THE CLAIMS TRIBUNAL DATE Page No. of the Register S. NO. PARTICULARS

1. Date of award

2. Case number

3. Title of the case

4. Award amount

5. Date of notice of deposit by the depositor to the Claimant(s)

6. Date of notice of deposit by the Tribunal to the Claimant(s)

7. Amount of interest upto date of notice of deposit

8. Amount deposited along with date of deposit

9. Amount of interest upto date of notice of deposit

10. Whether entire award amount and interest deposited. If no, balance outstanding award amount/interest

11. Action taken to recover the balance award interest

12. Date of release of the award amount to the Claimant(s)

13. Mode of release of the award amount:

14. Remarks Signature Not Verified Scheme for Motor Accident Claims Page 107 of 109 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 FORM - XIX MOTOR ACCIDENT CLAIMS ANNUITY DEPOSIT (MACAD) SCHEME S. No. Scheme Features Particulars/Details

1. Purpose One time lump sum amount, as decided by the Court / Tribunal, deposited to receive the same in Equated Monthly Installments (EMIs), comprising a part of the principal amount as well as interest.

2. Eligibility Individuals including Minors through guardian in single name.

3. Mode of Holding Singly

4. Type of account Motor Accident Claims Annuity (Term) Deposit Account (MACAD)

5. Deposit Amount (i) Maximum: No Limit

(ii) Minimum - Based on minimum monthly annuity Rs.

1,000/- for the relevant period.

6. Tenure (i) 36 to 120 months

(ii) In case the period is less than 36 months, normal FD will be opened.

(iii) MACAD for longer period (more than 120 months) will be looked as per direction of the Court.

7. Rate of interest Prevailing rate of interest as per Tenure.

8. Receipts/Advices (i) No Receipts will be issued to depositors.

(ii) Passbook will be issued for MACAD

9. Loan Facility No loan or advances shall be allowed.

10. Nomination facility (i) Available.

(ii) MACAD shall be duly nominated as directed by the Court.

11. Premature Payment (i) Premature closure or part lump sum payment of MACAD during the life of the claimant will be made with permission of the court. However, if permitted, the annuity part will be reissued for balance tenure and amount, if any, with change in annuity amount.

(ii) Premature closure penalty will not be charged.

(iii) In case of death of the claimant, payment to be given to the nominee. The nominee has an option to continue with the annuity or seek pre-closure.

12. Tax deduction at source (i) Interest payment is subject to TDS as per Income Tax Rules. Form 15G/15H can be submitted by the Depositor to get exemption from the Tax deduction.

(ii) The annuity amount on monthly basis net of TDS, will be credited to the MACT Savings Bank account.

PROSTHETICS PRICES FOR INSURANCE Prepared by Safdarjang Hospital and VMMC Components for calculating the Price • Primary cost of the material • Procuring cost of the material.

CMS = Centers for Medicare and Medic-aid Services.

General Guidelines • The prosthesis will be allowed for reissue on completion of 5 years in case of adult and 2 years in case of children.

• 10% of the total cost will be provided to the beneficiary as the maintenance cost during the period of 5 years.

• Upper age limit for the high end prostheses i.e. K3 or K4 functional level will be 55 years. • Prosthetic components should have BIS/CE(European)/FDA certification for the purpose of reimbursement • The prosthesis should be assessed and fit by the Prosthetics and Orthotics professional registered in the Rehabilitation Council of India under 'A' category. Clinical assessments of the member's rehabilitation potential must be based on the Following classification levels:

1. Atrophic skin

2. Bony prominence stump

3. Painful neuroma

4. Adherent Scar

5. High Physical activity Signature Not Verified Prosthetics Price List Page 2 of 12 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 PRICE OF Trans Tibial Prosthesis for K-1 activity level S.No. NAME OF Price Quoted by Price Quoted by Remarks COMPANY the firm without the firm with Silicone Liner & Silicone Liner & Shuttle Lock Shuttle Lock Mechanism Mechanism

1. Endolite India General price list General price list Limited provided provided

2. Otto Bock Health Rs.23,793/- 118,580/-

NOTE: All the companies except Otto Bock Health Care India Limited has quoted their price by including the following charges

1. Silicone / Gel Liners (4 Nos.) as the expected life of liner is approx. One year (@ Rs.

2. Replacement of Foot Shell 2 No.s @ Rs.15000/ per piece & by Bhatt Surgicals @ Rs.8500/-

3. Repair & Maintenance (due to normal wear & tear)

4. Artificial Limb Manufacturing Corporation of India (ALIMCO) has quoted standard price of Below Knee Prosthesis without Silicone Liner & Shuttle Lock Mechanism RECOMMENDATIONS:

ANNEXURE-I PROPOSED REIMBURSEMENT PRICE OF Trans Tibial Prosthesis for K-1 activity level S.No. NAME OF PROSTHESIS & Proposed Price for Proposed Price for COMPONENTS reimbursement reimbursement with without Silicone Silicone Liner & Liner& Shuttle Lock Shuttle Lock Mechanism Mechanism

1. Trans tibial prosthesis (Below Rs.35000/-rice list Rs.70000/-

(Its include- one Diagnostic or Trial Rs.80000/-

socket & one Carbon Laminated = Rs.1,50,000/- Socket, S.S. Pylon/tube, SACH FOOT, Foot Adapter, Bonded Pylon/Pylon with 4screw Adaptor, Tube Clamp Adaptor, Socket Adaptor, Sleeve Suspension, Foam Cover, Covering Socks, Socket charges, etc.)

2. Trans tibial prosthesis (Below Rs.50000/- Rs.85000/-

(Its include- one Diagnostic or Trial Rs.80000/-

socket & one Carbon Laminated = Rs.1,65,000/- Socket, Titanium Pylon/tube, SACH FOOT, Foot Adapter, Bonded Pylon/Pylon with 4screw Adaptor, Tube Clamp Adaptor, Socket Adaptor, Sleeve Suspension, Foam Cover, Covering Socks, Socket charges, etc.) Signature Not Verified Prosthetics Price List Page 4 of 12 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 PRICE OF TRANS TIBIAL PROSTHESIS FOR K-2 ACTIVITY LEVEL S.No. NAME OF Price Quoted by Price Quoted by the Remarks COMPANY the firm without firm with Silicone Silicone Liner & Liner & Shuttle Shuttle Lock Lock Mechanism Mechanism

1. Endolite India General price list Limited provided al price t provided

2. Otto Bock Health 157,140/- All the firms Care India Limited have quoted

3. P & O Rs.3,63,956/- prosthetic price International Inc. with Silicone

4. College Park Rs.227,772/- Liner (upto 1 Health Care India year life span) Ltd & Shuttle Lock

5. BHATT 2,29,822/- Mechanism SURGICALS

6. Born Life 1,73,460/-

NOTE: All the companies have quoted their price by including the following charges

1. Silicone / Gel Liners (4 Nos.) as the expected life of liner is approx. One year (@ Rs. 21943)

2. Replacement of Foot Shell 2 No.s @ Rs.15000/ per piece & by Bhatt Surgical @ Rs.8500/-

3. Repair & Maintenance (due to normal wear & tear) RECOMMENDATIONS:

ANNEXURE-II PROPOSED REIMBURSEMENT PRICE OF Trans Tibial Prosthesis for K-2 activity level S.No. NAME OF PROSTHESIS & Proposed Price for Proposed Price for COMPONENTS reimbursement reimbursement with without Silicone Silicone Liner & Liner & Shuttle Shuttle Lock Lock Mechanism Mechanism

1. Trans tibial prosthesis (Below Rs.148000/-rice list Rs 148000/ Knee Prosthesis) with Flexible provided Total cost with liners Keel foot or equivalent foot for 5 years will be (Its include- one Diagnostic or Trial Rs.148000/- + socket & one Carbon Laminated Rs.80000/- Socket, Titanium Pylon/tube, = Rs.2,28,000/- Flexible Keel foot or equivalent foot (2 nos.), Foot Adapter, Bonded Pylon/Pylon with 4screw Adaptor, Tube Clamp Adaptor, Socket Adaptor, Sleeve Suspension, Foam Cover, Covering Socks, Socket charges, etc.)

2. Transtibial prosthesis (Below Knee Rs.198000/- Rs.198000/-

Prosthesis) with Multi Axis Foot or Total cost with liners equivalent foot for 5 years will be (Its include- one Diagnostic or Trial Rs.1,98,000/- + socket & one Carbon Laminated Rs.80000/- Socket,Titanium Pylon/tube, Multi = Rs.2,78,000/- Axis Foot or equivalent foot, Foot Adapter, Bonded Pylon/Pylon with 4screw Adaptor, Tube Clamp Adaptor, Socket Adaptor, Sleeve Suspension, Foam Cover, Covering Socks, Socket charges, etc.) PRICE OF TRANS TIBIAL PROSTHESIS FOR K-3 ACTIVITY LEVEL S.No. NAME OF Price Quoted by Price Quoted by Remarks COMPANY the firm without the firm with Silicone Liner & Silicone Liner & Shuttle Lock Shuttle Lock Mechanism Mechanism

1. Endolite India General price list Limited provided rice list provided Signature Not Verified Prosthetics Price List Page 6 of 12 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39

2. Otto Bock Health 290,250/-

Care India Limited All the firms have

3. P & O International Rs.451,296/- quoted prosthetic Inc. price with

4. College Park Health Rs.372,772/-

1. Prosthesis with Silicone Liner & Shuttle Lock Mechanism may be reimbursed @ Rs.3,50,000/- with liner cost for 4 years.

2. Prosthesis without Silicone Liner & Shuttle Lock Mechanism may be reimbursed after deducting an amount of Rs.35000/-

3. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per annum for 4 years after fitment in addition to the above mentioned price.

4. Prosthetic foot / foot shell may be replaced once in 5 years after fitment.

Price of Trans Tibial Prosthesis with running blade or equivalent foot for K-4 activity level S.No. NAME OF COMPANY Price Quoted by the firm Remarks with Silicone Liner & Shuttle Lock Mechanism

1. Endolite India Limited General price list provided

2. Otto Bock Health Care Rs.302,110--368,430 India Limited

3. P & O International Inc. Rs.685,208/- All the firms have

4. College Park Health Care Rs. 4,78,772/-Rs.577,772/- quoted prosthetic price India Ltd with Silicone Liner

5. BHATT SURGICALS Rs.4,47,052/- (upto 1 year life span)

6. Born Life Prosthetics & Rs.472,270/--Rs.562,270/- & Shuttle Lock Orthotics Inc. Mechanism

7. Ideal Artificial Limb Rs.4,78,772/- Rs.577,772/ Solution 8 PORC NOT PROVIDED

9. ALIMCO NOT PROVIDED Signature Not Verified Prosthetics Price List Page 7 of 12 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 RECOMMENDATIONS:

PRICE OF SYME'S PROSTHESIS for K-3 & activity level S.No. NAME OF COMPANY Price Quoted by the firm Remarks

1. Endolite India Limited General price list provided l price list provided

2. Otto Bock Health Care India -------

1. Prosthesis with Silicone Liner may be reimbursed @ Rs.2,25,000/- + Rs.80000 (Liner cost for 4 years)

2. Prosthesis may be reimbursed to University/ State / National & above level athlete only

3. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per annum for 4 years after fitment in addition to the above mentioned price.

4. Prosthetic foot / foot shell may be replaced once in 5 years after fitment PRICE OF CHOPART'S PROSTHESIS S.No. NAME OF Price Quoted by the firm Remarks COMPANY

1. Endolite India Limited General price list provided rice lisrovided

2. Otto Bock Health Care -----

India Limited Recommended Price for

3. P & O International Rs.30,000-45,000 for K2 K1 & K2 level is Inc. Rs.2,41,000-2,65,000/- for K3 Rs.38000/-

4. College Park Health ------ For K 3 level Care India Ltd

5. BHATT SURGICALS General price list provided 1,30,000/-

6. Born Life Prosthetics ------

& Orthotics Inc.

7. Ideal Artificial Limb 137532 (K3 LEVEL) Solution 8 PORC NOT PROVIDED

9. ALIMCO NOT PROVIDED PRICE OF PARTIAL FOOT SILICONE PROSTHESIS S.No. NAME OF Recommended Recommended Recommended PROSTHESIS Price Price Price (Above 12 years Child 7--12 years Child upto 6 years of age) of age) of age)

1. Shoe filler with Rs. 9000/- RRs. 5000/- RRs. 3000/-

PRICE OF Trans Tibial Prosthesis for Child Amputee activity level 2 & above S.No. NAME OF Price Quoted Price Quoted Price Quoted Remarks COMPANY by the firm for by the firm for by the firm Child 7--12 Child 7--12 for Child years of age) years of age) upto 6 years without liner with liner & of age) & shuttle lock shuttle lock

1. Endolite India Limited

2. Otto Bock Health Care Recommended India Limited Not price for Child

3. P & O Rs.50000-- Rs.1,10,000-- applicable 7--12 years of International Rs.65000/- Rs.1,40,000 Only passive age) with liner Inc. prosthesis @ &shuttle lock

4. College Park Rs.15000/-

1. Prosthesis with Silicone Liner & Shuttle Lock Mechanism may be reimbursed @ Rs.1,20,000/- with liner cost for 2 years

2. Prosthesis without Silicone Liner & Shuttle Lock Mechanism may be reimbursed @ Rs.60000/-

3. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per annum for 4 years after fitment in addition to the above mentioned price.

4. Prosthetic foot / foot shell may be replaced twice in 2 years after fitment for children Signature Not Verified Prosthetics Price List Page 10 of 12 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 PRICE OF Trans Tibial Prosthesis for Child Amputee activity level 3 & above S.No. NAME OF Price Quoted Price Quoted Price Remarks COMPANY by the firm for by the firm for Quoted by Child 7--12 Child 7--12 the firm for years of age) years of age) Child upto 6 without liner with liner & years of age) & shuttle lock shuttle lock

1. Endolite India -- --

2. Otto Bock --- --

1. Prosthesis with Silicone Liner & Shuttle Lock Mechanism may be reimbursed @ Rs.2,10,000/- +with liner cost for 2 years)

2. Prosthesis without Silicone Liner & Shuttle Lock Mechanism may be reimbursed @ Rs.1,55,000/-

3. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per annum for 2 years after fitment in addition to the above mentioned price.

4. Prosthetic foot / foot shell may be replaced twice in 2 years after fitment for children Signature Not Verified Prosthetics Price List Page 11 of 12 Digitally signed by:RAJENDER SINGH KARKI Signing Date:13.01.2021 18:54:39 PRICE OF Trans Tibial Prosthesis for Child Amputee activity level 4 S.No. NAME OF Price Price Quoted by Price Quoted Remarks COMPANY Quoted by the firm for by the firm the firm for Child 7--12 for Child Child 7--12 years of age) upto 6 years years of with liner & of age) age) shuttle lock without liner & shuttle lock

1. Endolite India -- --

2. Otto Bock --- --

1. Prosthesis with Silicone Liner & Shuttle Lock Mechanism may be reimbursed @ Rs.3,50,000/- with liner cost for 2 years.

2. Silicone liner should be changed annually and patient may be paid @ Rs.20000/- per annum for 2 years after fitment in addition to the above mentioned price.

3. Prosthetic foot / foot shell may be replaced twice in 2 years after fitment for children NOTE: Price of other companies also needs to be checked for final recommendation in case of child amputee.