In The High Court of Delhi at New Delhi
In The High Court of Delhi at New Delhi
In The High Court of Delhi at New Delhi
FAO 842/2003
RAJESH TYAGI & ORS.
Through: None.
..... Appellants
versus
JAIBIR SINGH & ORS.
..... Respondents
Through: Mr. A.S. Chandhiok, Learned ASG
with Mr.Vikas Pahwa, Add.Standing
Counsel for Delhi Police.
Mr. A.J. Bhambhani, Amicus Curiae
Mr.Jeet Pathak and Mr.C.S.Chauhan
for Ms. Rajdipa Behrua, Amicus
Curiae
Mr.Kanwal Choudhary, Adv. for NIA
Mr. Manoj Ranjan Sinha, Adv. for NIC
Mr. K.L. Nandwani and Mr. Sameer
Nandwani, Adv. for Reliance General Insurance
Co. Ltd.
Ms. Suman Bagga and Ms.Jaspreet
Soodan, Advs. for Cholamandalam Gen.
Insurance Co. Ltd.
Ms. Majusha Wadhwa, Adv. for
Oriental Insurance Co. Ltd.
Ms. Anjalli Bansal, Adv. for Tata AIG
General Insurance Co. Ltd., Bharti
AXA General Insurance Co. Ltd.
and Raheja QBE General Insurance Co. Ltd.
Ms. Shantha Devi Raman, Adv. for IFFCO Tokyo
General Insurance Co. Ltd.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
FAO 842/2003
ORDER
15.01.2010
CM No.785/2010
page 1 of 7
1.
The
date
of
commencement
of
the
Pilot
Project
for
The learned
Additional Solicitor General submits that the Delhi Police has decided to
give 60 days training to the police officers for implementation of the Claims
Tribunal Agreed Procedure and the list of the officers for such training is
being compiled.
Investigation of Motor Accident Claim Cases and the Training to the officers
shall commence from 1st February, 2010. The date of commencement is,
therefore, sought to be extended.
2.
In the light of the facts stated above and on the undertaking of the
page 2 of 7
Tribunal Agreed Procedure shall now commence from 2nd April, 2010 instead
of 15th January, 2010.
3.
FAO No.842/2003
1.
It has been brought to the notice of this Court that the Honble
Supreme Court has passed order dated 17th December, 2009 in SLP (Civil)
Nos.11801-11804/2005 in which various directions have been issued
including a direction relating to the injuries suffered by the victims of the
road accident which are reproduced hereunder:16. In cases of injuries to any accident victim, where the liability
is not disputed, the insurer should offer treatment at its cost
to the injured, without waiting for an award of the Tribunal.
If insurance companies can meet the bills for treatment of
those who have taken a medical insurance policy, we see no
reason why they should not extend a similar treatment to
the accident victims of vehicles insured with them.
17. Similarly in cases of injuries, the insurers can offer
treatment in hospitals approved by it and meet the
expenses or pay the bills, or if the victim has already
undergone the treatment, reimburse the cost of treatment.
It can also reimburse other items of special damages, the
damages for pain suffering, which is also standardized in
several decisions of this Court. By such voluntary payment
there
will
be
all
round
benefits.
The
FAO 842/2003
2.
page 3 of 7
has been made in the Claims Tribunal Agreed Procedure for cashless
treatment of the victims of the road accidents. Most of the victims of the
road accidents belong to the poorest strata of the society who have no
means to bear the expenses of treatment/surgery to be performed. It is,
therefore, suggested by the leaned amicus curiae that the following clause
3(3) may be incorporated in the Claims Tribunal Agreed Procedure:-
3(3).
In case of grievous injuries suffered by a victim of the
road accident who may require some surgery or shifting to
some other hospital for better treatment, the Investigating
Officer of the Police shall verify the existence of the
Insurance policy in the first instance and shall submit the
verification report and the copy of the Insurance policy
along with the Report under Clause 3(2) to the Claims
Tribunal within 48 hours of the accident whereupon the
Claims Tribunal shall, after hearing the Insurance company
and satisfying itself about the existence of the Insurance
policy, direct the Insurance company to directly pay the
hospitalization charges to the concerned hospital. However,
this payment
FAO 842/2003
3.
page 4 of 7
Committee appointed by this Court with the consent of all the insurance
companies. The aforesaid proposal shall be examined by the same
Committee which shall consult the Insurance Companies and submit the
report to this Court within a period of four weeks.
4.
List for the report of the Committee on 15th February, 2010 at 2.30 PM.
5.
The Insurance Companies have not placed on record the list of their
Nodal Officers in terms of order dated 16th December, 2009. Let the list of
6.
page 5 of 7
Learned Additional Standing Counsel for Delhi Police submits that the
Motor Accident Claims Manual is under preparation. Let the same be also
placed on record on the next date of hearing.
7.
Ms. Anjalli Bansal, learned counsel for the Bharti AXA General
Insurance Company Ltd. and Raheja QBE General Insurance Company Ltd.
submits that she had appeared on 16th December, 2009 and had filed an
affidavit on behalf of Bharti AXA General Insurance Company Ltd. but her
appearance has not been recorded in the order dated 16th December, 2009.
The appearance of Ms. Anjalli Bansal, Advocate is taken on record on behalf
of Bharti AXA General Insurance Co. Ltd. and Raheja QBE General Insurance
Co. Ltd. on 16th December, 2009.
8.
Copy of this order be given Dasti to learned counsel for the parties
Copy of this order be also sent to Mr. Sundar, Chairman of the Expert
new
FAO 842/2003
law
on
motor
accident
page 6 of 7
cases.
The
Copy of this order be also sent to all the Claims Tribunals through the
J.R. MIDHA, J
FAO 842/2003
page 7 of 7