Special Scheme For Motor Accident Claims- Delhi High Court To Consider Functioning Of Special Committees, Financial & Infrastructure Concerns

Expediting the process of implementation of the Special Scheme formulated by it regarding motor vehicle claims, the Delhi High Court is set to consider the suggestions regarding the functioning of Implementation Committee, Fast Track Committee and Arrears Committee constituted by the Court for givng effect to the Scheme clubbed with other concerns regarding financial and infrastructure requirement.

Observing that the matter must be treated as a PIL, a single judge bench comprising of Justice JR Midha directed the Registry to register the proceedings as a PIL and to list the case for consideration of the suggestions put forth during earlier hearings before the Chief Justice's bench on July 8.

"This Court is of the view that it would be appropriate to treat this petition as a Public Interest Litigation and list before the Hon'ble the Chief Justice to consider the above suggestions regarding the working of the Implementation Committee, the Fast Track Committee and the Arrears Committee. All suggestions regarding the requirement of office space, man power and the financial aspects of the Committees be placed before the Division Bench." The Court said.

The development came while the single judge was dealing with a matter involving a larger interest of implementation of the Special Scheme for Motor Accident Claims devised by the Court vide judgment dated 8th January 2021. According to the scheme, it was directed that 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 intimation of the accident. It was also directed that the Investigating Officer shall submit Interim Accident Report (IAR) before the Claims Tribunal within 50 days of the accident.

The Court had constituted an Implementation Committee to supervise the implementation of the Special Scheme whose purpose was to suggest any modification as considered necessary in the Scheme after hearing the stakeholders.

A FastTrack Committee was also constituted to implement the FastDAR Scheme. This Committee had convened the meetings and formulated a FastDAR Scheme for resolving Road Accident Death Cases within 10 days of the accident.

On June 25th, the High Court had noted that 18,009 cases were pending before Motor Accident Claims Tribunals as on 31st May, 2021. Thereafter, a Sub-Committee was constituted for preparing an action plan for categorisation of cases and the disposal of the entire arrears within one year.

Furthermore, various suggestions were put forth before the Court considering the modalities for the working of the Implementation Committee, Fast Track Committee and Arrears Committee. It was suggested that sufficient space is available in Rouse Avenue Court Complex for the working of the Committees.

With respect to the requirement of manpower for the working of the Committee, it was suggested that MoRTH, DSLSA, Delhi Police, as well as Road Transport Department of GNCTD shall depute one person each for the working of the Implementation Committee. With respect to the financial aspect for the working of the Committee, it was suggested that MoRTH and the Transport Department of GNCTD should bear the same.

In view of the aforesaid, the High Court had on Monday directed that all the suggestions regarding the functioning of the Committees along with the financial and infrastructural concerns must be placed before a division bench presided over by the Chief Justice.

The matter will now be considered next on July 8.

Title: RAJESH TYAGI & ORS. v. JAIBIR SINGH & ORS

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