RAJESH TYAGI Vs. JAIBIR SINGH

JUDGEMENT

(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.) 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. 02 nd 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.