In a step that is likely to reduce the wait for compensation by accident victims or their kin, the Delhi High Court (HC) directed the police and insurance companies to implement the Claims Tribunal Agreed Procedure under which road accident victims will get compensation within four months of an accident. The scheme will be set in motion from January on a trial basis.
‘‘It has been agreed by the Delhi police that the Claims Tribunal Agreed Procedure will be implemented from January 15, 2010, and will tentatively remain in force till July 14, 2010,’’ justice JR Midha observed while hearing a suo moto case on delays in compensating victims. The court was hearing an accident claim case in which the victim’s family had been struggling to get compensation for several years.
The HC then laid out the timeframe, saying within 48 hours of an accident it will be the duty of the local police to inform the MACT court about it. Similarly, insurance companies will also get 30 days time to decide on the amount to be awarded to victims or to contest the claims, with the MACT courts now expected to wrap up a claims case within 120 days.
Expressing concern over the struggle of accident victims for compensation, the court approved the committee’s suggestion that the Delhi police will provide the accident information report within 30 days to the insurance company. The court also approved the suggestion that the city police will produce the victim or his family members, the driver and the owner of the vehicle involved in the accident, besides the information report before the tribunal within a month.
Approving the suggestion that the insurance company deposit the compensation with the tribunal after assessing the amount, the court said the insurance company would depute an officer to deal with the case till its disposal.
Earlier, the HC was informed by the Centre that the government will consider grant of funds to the Delhi police for creating a special cell and paraphernalia for handling motor accident cases. Justice Midha also directed the Delhi Legal Services Authorities, police, finance ministry and all insurance companies to publicise on a grand scale the implementation of the project for public awareness.
A committee, set up by the court earlier, would monitor the implementation of the project and in case of any difficulty would approach the court. Comprising senior officers from the ministry of road transport and highways, finance, law and justice and company affairs, besides the joint commissioner of police (Northern Range), the committee had formulated the Claims Tribunal Agreed Procedure to provide quick justice to the accident victims.