RAJESH TYAGI Vs. JAIBIR SINGH

JUDGEMENT

(1.) MR. Vikas Pahwa, the learned Additional Standing Counsel for Delhi Police submits that the Delhi Police has issued a circular dated 22nd July, 2009 to all Deputy Commissioners of Police instructing them to strictly implement the duties of the police under Section 158 (6) of the Motor Vehicles Act, 1988 and Delhi motor Accident Claims Tribunal Rules, 2008. The learned additional Standing Counsel submits that the Claims Tribunal agreed Procedure formulated by the Committee appointed by this Court imposes additional duties on the police which are beyond the scope of the Motor Vehicles Act, 1988 as well as Delhi motor Accident Claims Tribunal Rules, 2008. The learned additional Standing Counsel, in particular, refers to Clauses 3 (B) (i) (ii) and 3 (3) of the Claims Tribunal Agreed Procedure under which the Police has to collect the proof of age and income of the deceased in the case of death, proof of the medical bills and expenses in the case of injuries and has also to verify the genuineness of the said documents. The learned Additional standing Counsel submits that it is not the legal duty of the Police to collect the said evidence and to verify the genuineness of the same. The learned Additional Standing Counsel further submits that in case of hit and run accidents, it may not possible to complete the investigation within a period of 30 days as provided in Clause 4 of the Claim Tribunal Agreed Procedure. It is further submitted that at times, the MLC and post-mortem report are not made available to them within 30 days of the accident.

(2.) MR. Atul Nanda, the learned Standing Counsel for Union of india submits that all the seventeen Insurance Companies have agreed to settle the accident cases as per the Claims Tribunal agreed Procedure. It is further submitted that the Insurance companies instead of relying on the report of their Investigator, would prefer to rely on the report of a police officer who is a public servant and is accountable for his report. It is submitted that the insurance Companies have taken a big step forward by agreeing to a new mechanism for payment of compensation to the victims of the road accident within a fixed time frame and the police should also show the grace to agree to perform an additional duty to serve the society. It is further pointed out that the additional duties to be performed by the police are not such that it will increase the burden on the police. The Police while conducting the investigation, can easily collect some more documents and information.

(3.) MR. Arun Mohan, Senior Advocate and member of the committee appointed by this Court vide order dated 3. 12. 2009 in mac. APP. No. 236/2009 and MAC. APP. 238/2009 submits that pending examination of the contentions raised by the Delhi Police as to their duties under the Motor Vehicles Act, 1988, the Delhi motor Accident Claims Tribunal Rules, 2008 and otherwise in law, the Claims Tribunal Agreed Procedure may be implemented by the Insurance Companies and Delhi Police for a period of six months on trial basis as a pilot project.