Madras HC issues directions to implement DAR in Motor Accident cases; asks Police to also upload claimant's Aadhaar to verify claims

The Madras High Court on Wednesday emphasised on the need for the scrupulous implementation of the online facility for uploading and communicating the Detailed Accident Report (DAR) when it comes to motor accident cases in Tamil Nadu. .The Court added that the prompt uploading of clear and authentic documents up to the final report to confirm the accident are crucial to this process and for ensuring the speedy delivery of relief to motor accident victims. .These larger concerns were taken note of by Justice SM Subramaniam while dealing with a motor accident case where the genuineness of the claim was doubted. .The High Court eventually overturned the Motor Accidents Claims Tribunal's ruling in favour of the claimant, on finding that the Tribunal had not properly considered factors such as the delay in filing the FIR, discrepancies in the claimant's statements etc. .With a view to support the better implementation of the DAR scheme in Tamil Nadu and to further the cause of just compensation in motor accident cases, the Court has now issued certain directions. The Judge said, ."Use of the DAR and information by the Tribunals is equally necessary as the compensation has to reach victims only through the Tribunals. The effective use of the DAR reports both in pre-litigation exercise (in fresh cases) and in pending cases is of vital importance to achieve the objective of settlement without delay. Without action by the Tribunal, the entire platform that has been made available would not serve the victims and the stakeholders.".In view of the same, the Court has now called on Motor Accident Claims Tribunals to utilise the DAR, if there is no dispute as regards these records which are uploaded by the police. ."The Motor Accident Claims Tribunals are directed to readily use the informations and documents uploaded in the Detailed Accident Report (DAR) in all pending trials to avoid delay in disposal of the claim cases."Madras High Court.Notably, a direction has also been issued to the police to upload the Aadhaar of the claimants to enable the identification of the claimant and avoid multiple claim proceedings..Directions issued by the Court .Directions to the Director General of PoliceIssue orders so that on the receipt of information regarding any accident, the jurisdictional Police shall register the FIR immediately and upload the same on the Crime and Criminal Tracking Network and Systems (CCTNS) Website without any further delay.Ensure the conduct of investigation of the accident without any undue delay. All documents contemplated under the DAR should be uploaded periodically during the investigation. The Final Report should be uploaded within 90 days from the date of accident.The documents are directed to be uploaded after verification for authenticity with the concerned Departments / Insurance CompaniesEnsure the Name, Address, Mobile number of the Victim (in injury cases) or of Spouse/Children (in case of fatal accidents) are uploaded in the website clearly. Aadhaar particulars of Victim/ Spouse/ Children are also to be uploaded to enable identification of the claimants and avoid multiple claim proceedings.E-mail the respective Motor Accident Claims Tribunals and Insurance companies on developments regarding the FIR and the other documents uploaded by the Police authorities in order to serve the objective of Section 158(6) of the Motor Vehicles Act.Promptly implement of the DGP Circular regarding DAR and the directions of this Court. This is to be reviewed once in a month by the Inspector General of the Police concerned. Lapses, dereliction of duty by any authority are to be viewed seriously and Disciplinary Proceedings are to be initiated against the erring officials.Where any vehicle involved in accident does not have insurance, direct that the Investigating Police Officer shall not release the vehicle. The vehicle should be impounded..Directions to the Director of Medical and Rural Health ServicesMaintain Accident Registers in all the Government Hospitals across the State for Road Traffic Accidents in a specific colour with continuous running numbers. Upload the accident particulars in the Medical Department official website within a 7 days from the date of receipt of information regarding the accident.Ensure Blood Tests are conducted in required Road Traffic Accident Cases under Sections 185 and 204 of the Motor Vehicles Act, 1988.Ensure that the competent Medical Board examines the referred accident victims and issues a 'Disability Certificate' within 30 days from the date of such reference..Directions to Motor Accident Claims TribunalsFollow up the cases uploaded by the Police authorities in CCTNS by downloading the FIR along with the relevant documents. Thereafter, the FIR shall be numbered under Section 166(4) of the Motor Vehicles Act, 1988, within 15 days from the date of intimation. The CCTNS website is to be followed up for downloading the complete set of documents from the concerned Police authorities. Issue notice to the victims and the concerned Insurance companies/ Transport Corporations/ Owners as the case may be, within 15 days from the date of numbering the FIR. Take initiative and consider the settlement of claims to the victims on the specified date, recording the Aadhaar number of the claimant, so as to enable verification of proceedings at the later date.If the parties had reached a settlement, then the Motor Accident Claims Tribunal shall record the same, pass an award in terms of the settlement and direct payment of the agreed compensation as per the prevailing procedures followed by the Tribunal in passing awards.If no settlement is concluded on the notified date or any further adjourned date, then the Pre-Litigation file may be closed by the Tribunal.If the Victim/Claimant desires to conduct the Pre-Litigation proceedings before any other Motor Accident Claims Tribunal (having jurisdiction under Section 166 of the Motor Vehicles Act) those claimants may be permitted to inform the Tribunal about their willingness in the form of an affidavit/letter. On the receipt of the same, the Tribunal is directed to transfer the Pre-Litigation proceedings to the Tribunals opted by the Victim/Claimants.If there is no settlement arrived between the parties in the Pre-Litigation proceedings, the Claimant shall have the right to pursue a claim under Sections 166 or 163-A of the Motor Vehicles Act.With reference to the Pre-Litigation settlement, the Motor Accident Claims Tribunal may take a decision and refer the proceedings to the Legal Services Authority for dealing with the same. The Legal Services Authorities have been provided access to DAR online, the Court noted.Readily use the information and documents uploaded in the DAR in all pending trials to avoid delay in disposal of the claim cases.Referring to the Pay and Recover rule, ensure that the victims do not suffer lengthy trials and erring owners/ drivers do not escape liability, despite flouting the statutory provisions in use of motor vehicles..On the DAR scheme in Tamil Nadu as is stands.The documents to be uploaded as part of the DAR include vehicular records, compliance with statutory provisions in regard to use of vehicle, details of victims, family members and other aspects..The Court noted that in the case of Jai Prakash v National Insurance Co. Ltd, the Supreme Court had examined the DAR scheme (part of the Claims Tribunal Agreed Procedure) of the Delhi High Court in Rajesh Tyagi's case and directed that the same be followed nationwide. .In January 2017, the Director General of Police, Tamil Nadu had issued instructions for uploading 12 documents relating to the accident and the vehicle involved, besides documents concerning the victim as part of the DAR scheme..On a related note, Justice PN Prakash of the Madras High Court had also called for the incorporation of the DAR scheme in Tamil Nadu, in line with the Jai Prakash ruling, by incorporating it to the Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989. .Amend TN Motor Vehicle Accident Rules to incorporate Detailed Accident Report: Madras HC.On Wednesday, Justice Subramaniam also observed that there is also a Crime and Criminal Tracking Network and Systems (CCTNS) website available to Tribunals, Judicial Magistrates, Victims, Insurance Companies, Transport Corporations and Legal Services Authorities. By this platform, documents can be made available online without having to physically filed them before the Tribunal by the Police. ."While the online DAR System in Tamil Nadu is less detailed than the Report under Agreed Procedure in Delhi it provides basic details for the purpose of Sections 158(6) and 166 (4) to initiate action for prelitigation settlement or a regular proceeding.".However, concerns were raised that the system is not working promptly. There were complaints that the document copies uploaded online are mostly not legible. Further, the Court was told that the DAR is nt communicated to the Tribunal or the Insurance Company, contrary to the mandate under Section 158 (6) of the Motor Vehicles Act. .The Court went on to observe that despite several rulings, the DAR system has not taken off in Tamil Nadu. ."No systemic change appears to have been brought about by the online platform by establishment of any specific procedure as contemplated in Motor Accidents Claims Tribunal Agreed Procedure as approved in Jaiprakash", the Court observed..Having issued various directions to improve the system, the Court has now fixed the matter for reporting compliance on January 18, 2020. .Advocate MB Raghavan assisted the Court as Amicus Curia. Further Advocates L Chandra Kumar, P Selvaraj, S Arunkumar, J Michael Visuvasam and F Terry Chella Raja also assisted the Court..Advocate D Bhaskaran appeared for the appellant. C Thangaraju appeared for the claimant. Other respondents were represented by Government Advocate L Charles Premkumar and Additional Governmetn Pleader YT Aravind Gosh.