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Judgment
21,"FIR No., date and under Section","F I R No.78/2021, Dt.01.05.2021,
U/s186/353/279/304/304A/427 IPC",,,,,
2,Police Station/District,"PS-Vasant Vihar, District SouthWest, New Delhi",,,,,
3,"Date, time and spot of the accident","Dt.01.05.2021, at about 03;45 AM, at Alkauser Police
Picket, Outer Ring Road, towards Nehru Place, Vasant
Vihar, New Delhi",,,,,
4,"Source of information of Accident (Name,
Address, Occupation & Tel.No.)","Vide DD No.7A, at 03:53 AM, on 01.05.2021 informed b
ASI Thawar Singh No.475/SW,P S Vasant Vihar, New
Delhi Tel.No.9868667822",,,,,
5,"Nature of the accident:
(a) Whether resulted in death of injury or
both
(b) Number of injured/fatal","Fatal accident
Death
One fatal",,,,,
6,Brief facts leading to the accident,"It is submitted that on 01.05.2021 accordingly to Duty
Roster of PS Vasant vihar ASI Thawer Singh No. 475/S
and Ct. Munsilal No.1550/SW, PS Vasant Vihar were on
night picket duty at Alkauser Police Picket, Outer Rin
Road, towards Nehru Place, Vasant Vihar, PS, Vasant
Vihar, New Delhi. On 01.05.2021 at around 03:45 AM a
person namely Samit Yadav came from Gurgaon with his
Honda CRV Car bearing register No. DL4CAH6927 an
head towards Nehru Place. After reaching at Alkasuer
Police Picket, PS Vasant Vihar he first hit the police
barricade and then hit Constable Munsilal who was
present on the Alkasuer Police Picket and doing his picket
duty. In this accident Ct. Munsilal No.1550/SW sustained
head and leg injury and Ct. Munislal No.1550/SW wa
seriously injured. During treatment at AIIMS Trauma
Centre he was declared dead by the doctor. On the
statement of ASI Thawer Singh No.475/SW,a ccordingly, a
case Vide FIR No.78/2021, U/s 186/353/279/304
304A/427 IPC was registered at PS Vasant Vihar, New
Delhi. During investigation accused person namely Samit
Yadav, Aged 45 years S/o Sharad Yadav R/o H.No.E
1/H/DDA Flats, Munirka, Delhi-67 was arrested on the
spot and all the relevant evidences were collected with the
help of Crime Team, District South West, New Delhi.
Accused was produced before LD. Duty MM where
accused person was sent to 14 days Judicial Custody
remand by the order of Ld. Duty MM. During
investigation Post Mortem of deceased constable Munsila
was conducted at AIIMS Hospital Delhi, where docto
mentioned that the cause of death is “shock due to
head, chest, abdomen, pelvis and limb injury consequent
upon blunt force or surface impact. All injuries are
antemortem in natureâ€. After that dead body of Munsilal
was hand over to relative of deceased. During
investigation offending vehicle’s papers and all other
evidence were seized as per seizure memo. During
investigation mechanical inspection of offending vehicle
and accidental vehicle is also done by the Mechanical
expert. During investigation CCTV footage was seized as
per seizure memo. The details facts that have come on
record during investigation were discussed with SHO sir.
After due diligence in detailed investigation & discussed
with senior officers sections 186/353/304 IPC have been
removed from the case and the case will be proceeded
further in sections 279/304A/427 IPC. Investigation isi n
progress.",,,,,
7,Name and address of the injured/deceased,"Deceased Munshilal Yadav, Age 57 Years S/o Late Phool
Chand r/o Village Sherpur, Alwar, Rajasthan",,,,,
8,"Details of the hospital (MLC/PM/Deat
Certificate details)","hMLC No.500272622/2021, Jai Prakash Narayan Ape
Trauma Centre, AIIMS New Delhi-110029, Copy attached
Post Mortem Report No.658/2021, AIIMS New Delh
110029. Copy attached",,,,,
9,"Reg. No. of the vehicle(s) involved in the
accident
(i) Offending Vehicle
(ii) Other Vehicle","Offending Vehicle No. DL4CAH 6927, Car Honda CR-
Other accidental vehicle motorcycle bearing
No.DL4SAZ7465(Splendor)",,,,,
10,"Name, Address and contact no. of the
owner(s) of the vehicle(s) Offending
Vehicle
Other Vehicle","Geetha Rajagopal W/o Samit Yadav R/o E-1/H, DDA Flat
Munirka, New Delhi-110067, Owner of offending vehicle
No.DL4CAH6927, Honda, Car",,,,,
11,"Name, Address and contact no. of the
driver of the vehicle(s) Offending Vehicle","Samit Yadav, S/o Sharad Yadav R/o H.No.E-1/H/DD
Flats, Munirka, South West Delhi-110067, Drive of
offending vehicle no. DL4CAH6927, Honda, Car",,,,,
12,"Name and address of the Policy issuing
office of the offending
Vehicle
Policy Number
Policy Period","Bajaj Allianz General Insurance Company Ltd., Regd
Office: Bajaj Allianz House, Airport Road, Yerwada,
Pune-411006, Contact No.1800-209-0144, Offending
Vehicle No. DL4CAH6927
Policy Number OG-21-9906-1805- 00068458
Policy Period 10-Feb-2021 to 10- Feb-2022",,,,,
13,"Name and address of the Policy issuing
office of the other
Vehicle
Policy Number
Policy Period","D a m a g e Other Vehicle bearing No.
DL4SAZ7465(Splendor Motorcycle)",,,,,
14,"Driving licence:
a. Driving Licence No.
b. Period of validity
c. Issued by
d Class of vehicle
e Whether licence suspended or
cancelled?","-DL No.1219940128417,
-Validity 28/07/2025,
-Licensing Authority SW-II, Vasant Vihar, Delhi
-LMV
-Not",,,,,
15,"I n case of commercial vehicle: (a)
Particulars of fitness (b) Particulars of
permit",N/A,,,,,
16,"Death Case:
(a) Name and address of the deceased
(b) Age
(c) Gender
(d) Education
(e) Occupation
(f) Income (monthly)
(g) Legal heirs/Guardian:
(i) Name
(ii) Relationship
(iii) Age
(iv) Address
(v) Contact No.","(a) Munishilal Yadav, Age 57 Years S/o Late Phool Chand
r/o Village Sherpur, Alwar, Rajasthan
(b) Age 57 Years
(c) Male
(d) 12th Pass
(e) Govt. Employee working in Delhi Police, Delhi a
Constable
(f) Rs.53454/- (total salary of April-2021)
(g) (i) Vimla Devi
(ii) Wife of deceased
(iii) Age 56 years
(iv) Village Sherpur, Alwar Rajasthan,
(v) 982823144",,,,,
17,"Documents required in Delhi case
(a) Site Plan
(b) Post Mortem Report
(c) Death certificate
(d) Photo ID proof of the deceased
(e) Proof of age of the deceased
(f) Proof of Occupation and income of the
deceased
(g ) Particulars of the deceased’s
family
(i) Name
(ii) Age
(iii) Address
(iv) Relationship
(v) Contact No.","(a) Copy attached
(b)Copy attached
(c) Not
(d) Copy attached
(e) Copy attached
(f) Copy attached
(1) Shakti Singh Yadav Age 33 years Village Sherpur,
Alwar, Rajasthan Son of deceased Tel. No.9828231444
(2) Anita Yadav W/o Rakesh Yadav Age 38 years Plo
No.178, Yadavo Ka Mohalla, Ward No.23, Jaipur,
Rajasthan, Daughter of deceased
(3) Poonam Yadav W/o manoj Kumar Age 28 years R/o
Plot No.44, Amar Nagar-A,K hatipura, Khirani Phatak
Jhotwara, Jaipur, Rajasthan Daughter of deceased",,,,,
Ms. Bimla Devi, widow of the deceased; Mr. Shakti Singh Yadav, son of the deceased (identified by IO); Mr. Rakesh Kumar Yadav,",,,,,,,
husband of daughter of deceased. IO SI Pankaj Kumar.,,,,,,,
ORDER,,,,,,,
E-D AR has been received by way of Email. Let it be checked and registered.,,,,,,,
Present case has been treated as a special pilot case as per recommendations of the Committee constituted by the Hon’ble High Court in,,,,,,,
Rajesh Tyagi Vs. Jaibir Singh, FAO 842/2003.",,,,,,,
Parties are present having been notified by the IO for the filing of an E-DAR. E-DAR is in the form of Fast-DAR as this case is being treated,,,,,,,
as the pilot case for quick disposal of MACT cases.,,,,,,,
This is a case where, perhaps, history is being created as in a matter of seven days of a death being reported by way of road accident, Fast-",,,,,,,
DAR has been filed by the police. Insurance company and the claimants have been identified. It is submitted that a police official died in a,,,,,,,
road accident whilst performing his duty and dispersal of compensation to a martyr has an element of urgency.,,,,,,,
The parties have requested that the matter may be referred to and settled in Lok Adalat. An appeal has been made to hold pre-sitting since,,,,,,,
there is an element of settlement and both parties have some figure in mind but a consensus has not been developed. At request a pre-sitting,,,,,,,
has been held today. After few deliberations parties have been able to iron out and crease out their differences vis-Ã -vis the claim and have,,,,,,,
arrived at an amicable settlement. Only consensus on apportionment remains.,,,,,,,
After some deliberations, parties have arrived at a settlement. It is agreed that Insurance Company would make payment of Rs. 32 Lakhs as",,,,,,,
a full and final settlement of the claim for compensation of claimants for the fatal injuries suffered by the deceased Munshilal Yadav in the,,,,,,,
present E-DAR/Fast-DAR arising out of FIR bearing No. 78/2021, U/s 279/304A/427 IPC, PS Vasant Vihar. It has further been agreed",,,,,,,
between the parties that the settlement has been arrived at keeping in mind the other compensation/ payments receivable/likely to be,,,,,,,
received on the death of the deceased from entities other than the Respondent insurance company and, therefore, claimants have reserved",,,,,,,
their rights for claiming any such other compensation/ amount payable by persons or bodies other than the insurance company.,,,,,,,
I may note here that this case was a special case where a police official had met with an accident on duty and the Bajaj Alliance Insurance,,,,,,,
has also come forward and fairly agreed to a decent amount honouring the victim in record time. I appreciate the quick manner in which,,,,,,,
the E-DAR/Fast DAR has been compiled by the investigating officer as well.,,,,,,,
REQUEST TO DSLSA,,,,,,,
In these circumstances the present DAR can be disposed of within record time. However, considering the COVID Lockdown and suspended",,,,,,,
functioning of the court, no Lok Adalat is in the sight immediately and a request is hereby being made to the worthy Member Secretary,",,,,,,,
DSLSA for organising a virtual Lok Adalat for quick disposal of the present case. Copy of the present order be sent to the worthy Member,,,,,,,
Secretary, DSLSA for his consideration.",,,,,,,
COMPLIANCE BY PARTIES,,,,,,,
A copy of the statement recording the settlement arrived at in the pre-sitting today be emailed to the counsel for the parties who shall sign/,,,,,,,
get the same signed from the party (as the case may be) identify the signatures of the party and scan and email the same to the email ID of,,,,,,,
the Court along with copy of signed authority/vakalatnama. They shall also send the statement containing the original signatures to the,,,,,,,
Court forthwith as and when physically possible. Copy of order be sent alongwith statement for compliance.,,,,,,,
Claimant(s) is/are directed to open saving bank account in a nationalized bank near the place of his/her/their residence(s) and Manager of,,,,,,,
the concerned Bank is directed not to issue any cheque book and/or debit card to the claimant(s) and if the same has/have already been,,,,,,,
issued, to cancel the same and to make an endorsement on the passbook of the claimant(s) that no cheque book and/or debit card shall be",,,,,,,
issued without the permission of the Court. A copy this order be also given dasti to the claimant(s) and he/she/they is/are directed to produce,,,,,,,
the passbook with necessary endorsement, as well as his/her/their Aadhar card and PAN card before this tribunal on the next date, if not",,,,,,,
already filed.,,,,,,,
Matter be listed on 10.05.2021 for awaiting compliance.,,,,,,,
HARJYOT SINGH BHALLA,,,,,,,
Pre-Sitting Judge Presiding Officer, MACT",,,,,,,
Patiala House Court, New",,,,,,,
Delhi.,,,,,,,
May 08, 2021â€",,,,,,,
On 10th May, 2021, the Claims Tribunal held the sitting of the Special Lok Adalat to pass an award for Rs.32 lakh in favour of the claimants. The",,,,,,,
son and daughters of the deceased submitted that the entire compensation be paid to the widow of the deceased whereupon the Court disbursed the,,,,,,,
entire compensation amount to the widow of the deceased by keeping Rs.25 lakh in 60 FDRs of about Rs.41,666.66 for the period of 1 month to 60",,,,,,,
months with cumulative interest in the name of the widow of the deceased and the balance Rs.7 lakh was released to the widow of the deceased. The,,,,,,,
relevant portion of the award dated 10th May, 2021 is reproduced hereunder:",,,,,,,
“AWARD,,,,,,,
The dispute between the parties having been referred for determination to the Lok Adalat and the parties having compromised/settled the,,,,,,,
case/matter, the Award of Rs. 32,00,000/- (Rs. Thirty Two Lakhs only) is hereby passed in favour of the petitioners against the respondent",,,,,,,
insurance company in full and final settlement of the claim of the petitioners against the respondents. The award amount shall be payable by,,,,,,,
respondent to the petitioner No. 1 on behalf of all the respondents. It has been stated by the son and daughters of the deceased through VC,,,,,,,
S.
No.","Name of
Petitioner/
Claimant",Age,"Relation
with
injured/
Deceased","Amount
of Award","Amount
kept in
FDR",Period of FDR,"Amount
released
1.,Smt. Vimla,"Around
57
years",Wife,"Rs.32
Lakhs","Rs.25
Lakhs","60 monthly
FDRs equal
amount (of
Rs.41,666.66
approx. Each)
for a period of
1 to 60 months
in succession
with
cumulative
interest","Rs. 7
Lakhs
,,,,Total,"Rs.32
Lakhs",,
All the Children of deceased are desirous that the entire awarded amount be credited into the
account of their mother, i.e. petitioner no. 1 Smt. Vimla. Hence, the entire awarded amount is
being given to petitioner no. 1 Smt. Vimla.",,,,,,,
by transferring the same to her savings bank account and the balance Rs.25,00,000/- was kept in 60 FDR’s of about Rs.41,666.66/- each for the",,,,,,,
period of 1 month to 60 months with cumulative interest in the name of widow of the deceased. The widow of the deceased shall receive,,,,,,,
Rs.41,666.66/- along with interest thereon every month for next five years.",,,,,,,
(viii) Bajaj Allianz GIC Limited deposited Rs.32,00,000/- with the Claims Tribunal on 12th May, 2021.",,,,,,,
(ix) The Members of the Fast Track Committee as well as the Implementation Committee and all the stakeholders including Delhi Police, Insurance",,,,,,,
Company and the Claims Tribunal have acted in unison to make this Pilot Project successful.,,,,,,,
This Court appreciates the contribution of Mr. Kanwal Jeet Arora, Member Secretary, DSLSA; Mr. Surinder S. Rathi, OSD-cum-Registrar, Delhi",,,,,,,
High Court; Mr. Manoj Kumar Nagpal, Special Judge, CBI; Mr. Gautam Manan, Special Secretary, DSLSA; Ms. Namrita Aggarwal, Additional",,,,,,,
Secretary, DSLSA; Mr. Harjyot Singh Bhalla, Presiding Officer, MACT; Mr. Rakesh Kumar Singh, Joint Registrar, Delhi High Court; Mr. Rajesh",,,,,,,
Deo, DCP (Legal Cell), Delhi Police; Mr. M.N. Sarma, Secretary General GIC and Mr. Arvind Shenoy, G.I. Council; SI Pankaj Kumar, Delhi Police;",,,,,,,
Mr. Mangesh Gandhi, Legal Head (Claims), Bajaj Allianz GIC Ltd; Mr. S.P. Jain, Advocate for Bajaj Allianz GIC Ltd. and Mr. Akshay Chowdhary,",,,,,,,
Advocate who all put extraordinary efforts during this pandemic time to resolve the first case of the Pilot Project within ten days of the accident.,,,,,,,
SI Pankaj Kumar, Delhi Police has done a commendable work by completing the investigation and submitting the FastDAR in a record time",,,,,,,
because of which the compensation case could be resolved within 10 days of the accident. Copy of this order be sent to Commissioner of Delhi Police,,,,,,,
for being placed in the ACR file of SI Pankaj Kumar to be considered at the time of his promotion.,,,,,,,
This Court hopes that the FastDAR Scheme for resolution of compensation claims of road accident deaths shall continue in the same spirit in,,,,,,,
which it has started.,,,,,,,
In view of the successful implementation of the FastDAR Scheme of the Pilot Project in the first case, the FastDAR Scheme is extended to",,,,,,,
compensation claims of all road accident death cases in Delhi in which the following five conditions are satisfied: -,,,,,,,
(i) The death is due to the rash and negligent driving of the offending vehicle;,,,,,,,
(ii) The driver of the offending vehicle is holding a valid driving licence;,,,,,,,
(iii) The offending vehicle is validly insured at the time of the accident;,,,,,,,
(iv) In case of a commercial vehicle, there is a valid permit and fitness certificate; and",,,,,,,
(v) There is no violation of the Insurance policy such as drunken driving or the vehicle being driven by a minor.,,,,,,,
The Investigating Officers shall report all accidents in which the above mentioned five conditions are satisfied to the DCP concerned, within 3",,,,,,,
days of the accident, whereupon the DCP shall forward the same to DCP (Legal Cell) for being placed before the Committee. The Investigating",,,,,,,
Officer shall submit the FastDAR Format before the Claims Tribunal as well as before the Committee within five days of the accident. The,,,,,,,
Committee shall immediately take up the matter with the concerned Insurance Company whereupon the Insurance Company shall appoint the,,,,,,,
Investigator/Surveyor who shall join the investigation with the Investigating Officer to verify the rashness/negligence, validity of driving license, validity",,,,,,,
of insurance policy and validity of fitness/permit, in case of commercial vehicle. The Insurance Company shall verify the age, income and family",,,,,,,
members of the deceased victim and shall submit their response in the prescribed format to the Claims Tribunal within 2-3 days of the receipt of the,,,,,,,
FastDAR Format from the Investigating Officer. The Claims Tribunal shall take up the matter expeditiously, as has been done in the present case, to",,,,,,,
ensure that the award is passed expeditiously and the money is deposited with the Claims Tribunal within ten days of the accident.,,,,,,,
In the event of any delay in resolution of a compensation claim of a road accident death, the Claims Tribunal shall make an endeavour to complete",,,,,,,
the proceedings as expeditiously as possible, within 30 days of the accident as visualized in the order dated 14th February, 2020 and judgment 08th",,,,,,,
January, 2021.",,,,,,,
The DSLSA, Delhi Police, GIC as well as all the Insurance Companies shall notify this FastDAR Scheme on their websites to bring it to the notice",,,,,,,
of general public. Any claimant can avail this FastDAR Scheme, if all the above mentioned five requirements are fulfilled. The claimant can approach",,,,,,,
the Committee by submitting the application in the format to be prescribed by the Fast Track Committee. The Fast Track Committee shall examine the,,,,,,,
application and if all the conditions are fulfilled, the Committee shall take up the matter under the FastDAR Scheme.",,,,,,,
The Final Report of the Fast Track Committee including the FastDAR Format and Standard Operating Procedure (SOP) and the Reports of the,,,,,,,
Implementation Committee are hereby approved and are annexed to this judgment.,,,,,,,
On 14th February, 2020, this Court constituted the Fast Track Committee comprising of Mr. Surinder S. Rathi, Mr. Rahul Mehra, Mr. Rajesh Deo,",,,,,,,
and Mr. Satyam Thareja. The Constitution of the Fast Track Committee is hereby reconstituted and it shall comprise of the following members: -,,,,,,,
(i) Mr. Surinder S. Rathi, OSD-cum-Registrar, Delhi High Court as Convenor",,,,,,,
(ii) Mr. Kanwal Jeet Arora, Member Secretary DSLSA",,,,,,,
(iii) Mr. Manoj Kumar Nagpal, Special Judge CBI",,,,,,,
(iv) Mr. Rakesh Kumar Singh, Joint Registrar, Delhi High Court",,,,,,,
(v) Mr. Rajesh Deo, DCP (Legal Cell) Delhi Police",,,,,,,
(vi) Mr. Satyam Thareja, Advocate",,,,,,,
(vii) Mr. Akshay Chowdhary, Advocate",,,,,,,
Mr. Surinder S. Rathi, Convenor of the Fast Track Committee shall communicate this order to the newly added members of the Fast Track",,,,,,,
Committee.,,,,,,,
Vide judgment dated 08th January, 2021, this Court constituted an Implementation Committee in para 35 of the judgment. This Court is of the view",,,,,,,
that the Implementation Committee formed by this Court warrants expansion. The following Officers are added as Members of the Implementation,,,,,,,
Committee:-,,,,,,,
(i) Mr. Surinder S. Rathi, OSD-cum-Registrar, Delhi High Court.",,,,,,,
(ii) Law Secretary to Government of NCT of Delhi.,,,,,,,
(iii) Principal Secretary, Transport, Government of NCT of Delhi.",,,,,,,
(iv) Chairman, IRDA or his nominee.",,,,,,,
(v) Head of WHO Project on Road Safety in India or his nominee.,,,,,,,
(vi) Ms. Nandita Rao, Additional Standing Counsel of Government of NCT of Delhi.",,,,,,,
(vii) Mr. Akshay Chowdhary, Advocate",,,,,,,
Mr. Kanwal Jeet Arora, Convenor of the Implementation Committee shall communicate this order to the newly added members of this",,,,,,,
Committee.,,,,,,,
All the decisions of the Fast Track Committee shall be placed before the Implementation Committee and they shall be implemented after the,,,,,,,
approval of the Implementation Committee.,,,,,,,
Mr. Surinder S. Rathi, the Convenor of the Fast Track Committee submits that the Artificial Intelligence Committee of the Supreme Court",,,,,,,
presided over by Hon’ble Mr. Justice L. N. Rao has constituted a Sub-Committee for use of Artificial Intelligence in MACT cases. This Sub-,,,,,,,
Committee is headed by Hon’ble Mr. Justice D. N. Patel, Chief Justice of Delhi High Court with the undersigned (Justice J.R. Midha), Mr.",,,,,,,
Justice Paresh Upadhyay, Judge Gujarat High Court and Mr. Justice K. Kannan (Retd.) as members with Mr. Surinder S. Rathi as Co-ordinator. The",,,,,,,
Sub-Committee convened meetings with all the stakeholders for preparation of e-DAR with facility to have seamless verification of documents such,,,,,,,
as driving license, registration cover, Insurance policy, post mortem report, MLC, Aadhaar Card, PAN Card etc. Once this digitization is achieved",,,,,,,
through a dedicated e-DAR Dashboard, the same will be ready for application of AI Tools and for consumption by CIS under e-MACT virtual court",,,,,,,
AI enabled working environment. The testing of e-DAR Dashboard has already been carried out and real time data is being pushed and pulled from,,,,,,,
CCTNS (Crime and Criminal Tracking Network System) of MHA, VAHAN (Database of Vehicles Registered in India), SAARTHI (Database of",,,,,,,
Driving Licenses issued in India) of MoRTH, IIBI (Insurance Information Bureau of India) of IRDA and MedLEaPR Software of Ministry of Health.",,,,,,,
All these technological innovations will drastically reduce the time taken in the verification of documents like DL, RC, Insurance Policy, Aadhar etc.",,,,,,,
Ms. Avnish Ahlawat, learned counsel for DSSSB submits that the Status Report of DSSSB was filed before this Court on 19th September, 2019.",,,,,,,
She further submits that vide order dated 11th October, 2019, this Court directed Secretary, Transport to file the response to the Status Report which",,,,,,,
has not been filed till date.,,,,,,,
Ms. Nandita Rao, learned Additional Standing Counsel for Government of NCT of Delhi submits that she shall submit the response to the Status",,,,,,,
Report within ten days.,,,,,,,
Mr. Satyam Thareja, learned Amicus Curiae submits that he shall also submit the response to the Status Report within ten days.",,,,,,,
List for further consideration on 28th May, 2021.",,,,,,,
Copy of this judgment be sent to the Registrar General who shall circulate it to all the Claims Tribunals.,,,,,,,
Copy of this judgment be sent to Delhi Judicial Academy to sensitize the Claims Tribunals about the FastDAR Scheme.,,,,,,,