SATYA PRAKASH Vs. STATE

JUDGEMENT

(1.) Mr. Sidharth Luthra, learned Amicus Curiae submits that vide order dated 12th December, 2014 in Rajesh Tyagi v. Jaibeer Singh, FAO 842/2003 and Sobat Singh v. Ramesh Chander Gupta, MAC APP.442/2009, this Court has directed the police to submit Detailed Accident Report (DAR) with the Claims Tribunal with a copy to the concerned Metropolitan Magistrate within 30 days of the accident. The Detailed Accident Report has to be in Form II of the Detailed Accident Report. It is submitted that Detailed Accident Report approved by this Court in its order dated 12th December, 2014 takes care of all the relevant clauses of the Victim Impact Report and therefore, the order dated 11th October, 2013 requiring the police to file the Victim Impact Report be modified. The learned Standing Counsel for Delhi Police submits that the police would be filing the Detailed Accident Report in Form II of the Modified Claims Tribunal Agreed Procedure with the Claims Tribunal with a copy to the concerned Metropolitan Magistrate in all road accident cases. Form II of the Modified Claims Tribunal Agreed Procedure is reproduced hereunder:

(2.) This Court is satisfied that the Detailed Accident Report in Form II of the modified Claims Tribunal Agreed Procedure appended to the order dated 12th December, 2014 in Rajesh Tyagi v. Jaibeer Singh and Sobat Singh v. Ramesh Chander Gupta, takes care of all the relevant clauses of the Victim Impact Report and, therefore, paras 94 and 98 of the order dated 11th October, 2013 requiring the police to file the Victim Impact Report in road accident cases are hereby recalled on the condition that the police shall file Detailed Accident Report in Form II in all road accident cases before the Claims Tribunal with a copy to the concerned Metropolitan Magistrate within 30 days of the accident.

(3.) Since the modified Claims Tribunal Agreed Procedure would be implemented w.e.f. 1st February, 2015, this order shall be effective from 1st February, 2015 meaning thereby that the police shall continue filing Victim Impact Report till 31st January, 2015.