Research › Search › Judgment

Delhi High Court · body

2018 DIGILAW 190 (DEL)

Rajesh Tyagi v. Jaibir Singh

2018-01-18

J.R.MIDHA

body2018
ORDER : J.R. Midha, J. Mr. S.P. Jain, Mr. Ravi Sabhawal, Mr. Pankaj Seth, Ms. Archana Pathak Dave, Mr. Priyadarshi Acharya, Mr. Navneet Kumar, Mr. A.K. Soni and Mr. Pradeep Gaur, Advocates submit that there are difficulties in the implementation of the Modified Claims Tribunal Agreed Procedure ('MCTAP' in short) in its true letters and spirit. The submissions of the learned counsels, in this regard, are as under : - (i) The investigating officers do not send the intimation of the accident to the insurance companies within 48 hours in terms of Clause 2 of the MCTAP. (ii) In many cases, the charge sheet is not filed before filing of the Detailed Accident Report ('DAR' in short). (iii) There is no index to the DAR, DAR is not page numbered and in many cases, incomplete DAR is furnished to the insurance companies. (iv) The copy of the DAR is not furnished to the insurance companies and the investigating officers serve the copy of the DAR to the panel Advocate of their own choice, without any notice to the insurance companies as a result of which the insurance companies get the intimation of the accident at a later stage. (v) In many cases, the DAR is not complete in all respects whereupon the Claims Tribunal extend the time for making good the deficiencies. In such cases, the appearance of the claimants, before completion of the DAR, causes inconvenience to the them. (vi) In many cases, the DAR is not accompanied with the affidavit of the investigating officer. (vii) The Claims Tribunals put very heavy reliance on the DAR as a result of which many fake claims are cleared as genuine cases without proper inquiry. (viii) In many cases, the claims are exaggerated by the Investigating Officers and even the disability certificates are issued without following the guidelines. Motor accident claims investigations are conducted by a special centralised cell of Delhi Police. It would be appropriate to de-centralise the system and the investigating officers of the respective police stations should investigate the motor accident claims. 2. This Court has considered the above submissions and the following directions are hereby issued for the implementation of the MCTAP in its true letter and spirit: (i) All the insurance companies shall appoint a Nodal Officer within four weeks and intimate the name, address, phone numbers/mobile numbers and e-mail address of the Nodal Officers to Mr. 2. This Court has considered the above submissions and the following directions are hereby issued for the implementation of the MCTAP in its true letter and spirit: (i) All the insurance companies shall appoint a Nodal Officer within four weeks and intimate the name, address, phone numbers/mobile numbers and e-mail address of the Nodal Officers to Mr. Rajan Bhagat, DCP/CRO, Police Headquarters, Delhi Police who shall instruct all the investigating officers of Delhi Police dealing with the investigation of motor accident claims to send the intimation of the road accidents in Form 1 and DAR in Form 2 of MCTAP by e-mail to the Nodal Officer of the concerned insurance company. (ii) The DAR shall be properly indexed and page numbered at the time of filing with the Claims Tribunal. Copy of the DAR sent to the insurance company and others shall be paginated and shall be accompanied by an index. (iii) After the filing of the DAR, the Claims Tribunal shall examine the same. If the DAR is complete in all respects, the Claims Tribunal shall fix a date for appearance of the driver, owner, claimants and the eye witness and the investigating officer shall produce them on the date so fixed. The investigating officer shall also intimate the date so fixed by the Claims Tribunal to the Nodal Officer of the insurance company and the insurance company shall enter appearance on the date so fixed. (iv) Clause 14 of the MCTAP is modified to the extent that the investigating officer shall produce the driver, owner, claimants and the eye witness before the Claims Tribunal, after the order of the Claims Tribunal that the DAR is complete in all respects meaning thereby that the investigating officer is not required to produce the aforesaid persons on the first date of listing of the DAR. (v) In cases where the charge sheet is not filed before the filing of the DAR, the Claims Tribunal shall either await the filing of the charge sheet or record the statement of the eye witness to satisfy itself with respect to the negligence before passing the award. (vi) This Court is of the view that it is a paramount duty of the insurance companies to verify the correctness/genuineness of every claim. The insurance company shall direct their own officers or appoint an investigator or surveyor to verify the accident. (vi) This Court is of the view that it is a paramount duty of the insurance companies to verify the correctness/genuineness of every claim. The insurance company shall direct their own officers or appoint an investigator or surveyor to verify the accident. For example, in cases where the insurance companies receive the information of an accident relating to death, within 24 hours, the prompt visit by the officer/investigator/surveyor of the insurance company at the place of occurrence, cremation and residence of the deceased to verify of the relevant facts and examine the documents at that time, would leave no scope for manipulation of the evidence at a later stage. Similarly, in the injury cases, the insurance company's officer/surveyor/investigator visit to the hospital at the initial stage would be helpful to verify the relevant documents. (vii) The Detailed Accident Report (DAR) is merely an opinion of the investigating officer and is not to be treated as a legal evidence. The DAR has to be considered like a charge sheet under Section 173 Cr.P.C., 1973 and the Claims Tribunal is duty bound to examine the DAR and satisfy itself with respect to the genuineness of the claim as well as all the relevant facts. For example, in death cases, the Claims Tribunal shall direct the claimants to produce the original documents relating to age, occupation and income from the legal representatives and an appropriate award shall be passed after the satisfaction of Claims Tribunal with respect to all the relevant facts. Similarly, in an injury cases, the Claims Tribunal shall examine the injured and the relevant medical records to satisfy itself with respect to the nature of the injuries and percentage of the functional disability of the injured. (viii) The Claims Tribunal shall direct the respondent to deposit the award amount or transfer the same by RTGS/NEFT/IMPS directly to the bank account of the Claims Tribunal. The respondent held liable by the Claims Tribunal shall give notice of deposit of the award amount to the claimants and shall file a compliance report with the Claims Tribunal with respect to the deposit of the award amount within 15 days of the deposit. Form 5 of MCTAP is modified and following new clause 27 is incorporated: "27. The respondent held liable by the Claims Tribunal shall give notice of deposit of the award amount to the claimants and shall file a compliance report with the Claims Tribunal with respect to the deposit of the award amount within 15 days of the deposit. Form 5 of MCTAP is modified and following new clause 27 is incorporated: "27. Account number, MICR number, IFSC Code, name and branch of the bank of the Claims Tribunal in which the award amount is to be deposited/transferred." (ix) At the time of passing of the award, the Claims Tribunal shall examine whether the claimants are entitled to exemption from deduction of TDS and if so, the claimants shall submit Form 15G or Form 15H (for senior citizens) to the Insurance Company so that no TDS is deducted. The Claims Tribunal shall record a finding in this respect at the time of passing of the award. (x) This Court is of the view that taking of the photographs of the vehicles, scene of accident, injured/deceased after the accident, as soon as possible, is a very important factor. Clause 3 of the MCTAP requires the investigating officer to take the photographs of the scene of accident from all angles. The photographs have to be attached to the DAR. The investigating officers are again directed to take the photographs of the scene of the accident and the vehicles involved in the accident at the time of their first visit to the site of the accident and these photographs be uploaded on a website of Delhi Police to avoid any scope of manipulation at a later stage. The Delhi Police shall consider creating a website at which the investigating officer would be required to upload the photographs immediately after taking the same so that the date and time of taking the photographs can be seen. Delhi Police shall also consider issuing appropriate directions in this regard. (xi) The investigating officers shall also take the photographs of the injured in the hospital. The photographs of the injured shall also be filed along with the DAR. The photographs of the injured portion shall be annexed by the Claims Tribunal along with the award. 3. Delhi Police shall also consider issuing appropriate directions in this regard. (xi) The investigating officers shall also take the photographs of the injured in the hospital. The photographs of the injured shall also be filed along with the DAR. The photographs of the injured portion shall be annexed by the Claims Tribunal along with the award. 3. In Cholamandalam MS General Insurance Company Ltd. v. The Inspector of Police, (2017) 5 CTC 355 , Justice P.N. Prakash of Madras High Court has passed directions for implementation of the DAR procedure by directing the registration of FIRs and uploading of DAR and the relevant data on the website of Tamil Nadu Police for the immediate access of the same by the Claims Tribunals, Legal Services Authority, Insurance Companies and the litigants/claimants. This Court is of the view that it would be appropriate for the Delhi Police to implement the DAR procedure on the same lines in which it is being implemented in Tamil Nadu. Delhi Police may seek necessary assistance, if required, from the Tamil Nadu Police in this regard. Relevant portion of the judgment dated 12th September, 2017 is reproduced hereunder: - "6. The Supreme Court has taken note of the DAR regime or Agreed Procedure as it was christened, forming part of the order dated 13/5/2016 as Ex.R5 in Jai Prakash v. National Insurance Co. Ltd., and made it applicable Pan India by virtue of its orders. This Court took note of the said development and directed the Director General of Police to implement the DAR regime within the State of Tamil Nadu also. It is in furtherance to these developments that circular dated 2/1/2017 came to be issued by the Office of the Director General of Police. The DAR regime was conceived and tweaked and implemented thanks to the proactive ways of the Delhi High Court and in particular the passionate involvement from Justice J.R. Midha, it became a practical reality within Delhi on and from 1/2/2015. 7. It is pertinent to note that Delhi High Court put together the DAR regime and devised the Agreed Procedure for implementation, not only for the purpose of expeditious disposal of motor accident claims but also to ensure that false and fabricated claims or manufacture of false records were avoided. 7. It is pertinent to note that Delhi High Court put together the DAR regime and devised the Agreed Procedure for implementation, not only for the purpose of expeditious disposal of motor accident claims but also to ensure that false and fabricated claims or manufacture of false records were avoided. While the Motor Vehicles Act, 1988, has provided the basic framework for the filing of a motor accident claim in the pursuit of just compensation, it is the Delhi Motor Accidents Claims Tribunal Rules, 2008, which related to the actual procedure for conduct of the proceedings before the Claims Tribunals at Delhi. 8. The Delhi High Court conceived and devised DAR regime or Agreed Procedure, forming part of order dated 13/5/2016 in Jai Prakash v. National Insurance Co. Ltd. of the Apex Court as Ex.R5, now forms part of the Delhi MACT Rules, 2008, as notified by Delhi administration. It is this Ex.R5 which is now made applicable Pan India by the Supreme Court by its orders. 9. The DAR regime in Delhi is implemented physically. It is a manually devised procedure/regime which is in vogue in Delhi. It is gathered that there are only 6 Motor Accidents Claims Tribunals, in all, in Delhi and specific Police Stations which capture the FIRs relating to the accidents arising thereto. So, manual implementation of DAR is plausible and within a controllable geographical construct. But, in the course of these proceedings, the Tamil Nadu Police administration brought to the notice of this Court that already the State Crime Records Bureau, under the aegis of the Office of the Director General of Police, was already in the midst of developing a software, since 2014, for the purpose of registering FIRs and uploading data and controlling the regime related to it, on online basis in Tamil Nadu (on Tamil Nadu Police website www.eservices.tnpolice.gov.in). SCRB was already in the course of fine-tuning this online regime, which was deemed fit and proper to tap into for an online DAR regime, for all practical purposes rather than a physical regime. This Court chose to allow the embracing of technology already in place, for implementing the DAR regime as the way to go. Such online mechanism did not, in any way, detract from the mandated implementation of the DAR regime and instead, it enhanced the value and utility arising from its operation. This Court chose to allow the embracing of technology already in place, for implementing the DAR regime as the way to go. Such online mechanism did not, in any way, detract from the mandated implementation of the DAR regime and instead, it enhanced the value and utility arising from its operation. In the face of the fact that there are 1,827 Police Stations, including 200 All Women Police Stations (AWPS), 266 Traffic Police Stations and 27 Police Out Posts, as per Government of Tamil Nadu Tamil Nadu Police Policy Note-2016 and there are in all 1,014 courts in the State, of which, around 289 are Claims Tribunals, and also more than ? of them as Judicial Magistrates, as per Government of Tamil Nadu Policy Note 2016-17, physical implementation of the DAR regime would stretch the available manpower and resources and make it difficult for sure and strict compliance. Incidentally, on enquiry, this Court is proud to be informed that after Delhi, pursuant to the orders of the Apex Court, only in Tamil Nadu, DAR regime has come to be implemented in the entire country and Tamil Nadu can pride itself of the technology marvel. Access to hundreds of Police Stations, Claims Tribunals, Judicial Magistrate Courts, Legal Service Authorities, a key to the efficacy of the implementation of DAR regime, has become a realizable reality thanks in the main to the online platform. The SCRB initiative, plugged into, needs commendation on every count. Soft Version of DAR Regime: 11. While so, as far as Tamil Nadu is concerned, SCRB was already engaged in developing its online platform in relation to criminal law jurisdiction, right from the registration of FIRs and beyond. When the order of this court dated 17/8/2016 came, it was a timely one for the SCRB and the Office of the Director General of Police to tweak the developing online platform to cater to the implementation of the DAR regime. This Court saw immense merit in the said practice and readily allowed the dispensation to go online as a soft version of the DAR regime, for all round benefit. 12. This Court saw immense merit in the said practice and readily allowed the dispensation to go online as a soft version of the DAR regime, for all round benefit. 12. SCRB took the trouble of demonstrating its online platform as captured in the circular dated 2/1/2017 of the Office of the Director General of Police to this Court and this Court was satisfied, as duly recorded, in its order dated 5/1/2017 that DAR regime was an online platform based implementation in lieu of the physical or manual version of it, as practised in Delhi. A run through of the DAR compilation, in its online avatar of SCRB, would reveal that every syllable or information required to be compiled (as per Annexure Ex.R5) identified in order dated 13/05/2016 of Supreme Court in Jai Prakash v. National Ins. Co. Ltd. is put together online itself. The DAR regime as implemented in Tamil Nadu is nothing but a soft version of the hard version of it in Delhi. 13. Technology is the way to go. Digitisation is the key for advancement in the lives of human beings too. E-Courts are here to stay. Ordinary litigants are able to access the case details and status thereof and even tuck into the daily orders or final orders, have easy access, from the confines of their homes. There is a certain element of open and transparent regime infusing the needed dose of it in the administration of justice. Motor accidents claims require a huge dose of it, no doubt about the same. Victims of motor accidents or claimants, as the case may be, already traumatised would hugely benefit if the compilation of documents required to pursue a claim for just compensation are readily accessible to them. Equally, if the stakeholders thereto, be it owners/drivers of motor vehicles or insurance companies or transport corporations, are provided ready access, the documentation, investigated independently and verified for veracity, it would go a long way in enabling early closure of claims, even by way of compromise. That is actually the purport and import of the order dated 13/5/2016 made in Jai Prakash v. National Insurance Co. Ltd. of the Apex Court. That is more than adequately achieved by the DAR regime and when it is an online platform and technology-driven, its impact could be immediate and immense. xxx xxx xxx Benefits of E-Platform: 15. We live in technological times. Ltd. of the Apex Court. That is more than adequately achieved by the DAR regime and when it is an online platform and technology-driven, its impact could be immediate and immense. xxx xxx xxx Benefits of E-Platform: 15. We live in technological times. Law may be last and lagging in embracing technology. But benefits of tapping into technology would enhance the benefits flowing from judicial administration. It may be trite to lay down the benefits as they are too well known and obvious. This Court is aware of the decision in United India Insurance Co. Ltd. v. Sagicor Capital Life Insurance Co. Ltd. [ 2013 (2) CTC 408 (Mad.)] where a suggestion was made by this Court for payment of court fees online. Taking cue, Notifications have been issued pursuant to the amendments to the law for payment of court fees online. Yet, it is reported that E-payment of court fee regime is not in yet, and it may be time for the powers that be to complete the circle for ushering in the era of transparency in a key area. No wonder, this Court, vide dated 20/7/2015 in Royal Sundaram Alliance Ins. Co. Ltd. v. E. Priya, (CMA No. 1298/2015) and in Oriental Insurance Co. Ltd. v. Rajesh (CMA No. 428/2016 dated 11/3/2016), has mandated the use of Digital transfer or NEFT/RTGS transfer of compensation payable by insurance companies and transportation's to be deposited into the accounts of the courts directly and also disbursement of compensation to claimants/victims also by a similar transfer to their bank accounts. The claimants are required to furnish as part of the claim documents, their bank account details and even PAN Card and (where they are possessed of it) and this enables Direct Bank Transfer to the accounts of the claimants/victims. The claimants/victims get to handle the compensation sums by themselves and exercise full control of it, without fear of 'leakage' which was rampant in this jurisdiction. In fact, this Court feels that be it a motor accident claim or a land acquisition claim or even a matrimonial dispute or any litigation involving the need for deposit and disbursement, time may have come to digitize the operations for easy and smooth transfer and an open, transparent regime. Sunlight, they say, is the sure and certain disinfectant. In fact, this Court feels that be it a motor accident claim or a land acquisition claim or even a matrimonial dispute or any litigation involving the need for deposit and disbursement, time may have come to digitize the operations for easy and smooth transfer and an open, transparent regime. Sunlight, they say, is the sure and certain disinfectant. It may be a fit and proper circumstance for the Hon'ble Chief Justice and Court administration to come up with a comprehensive directive for implementing this Direct Benefit or Bank transfer regime, across all jurisdictions involving and requiring similar deposit of sums and disbursement of it akin to motor accident claim jurisdiction and also expedite the E-court Fee regime and possibly an E-filing of cases too. This suggestion is placed with utmost respect before the Hon'ble Chief Justice for appropriate consideration. 16. In addition to the above, in the field of motor accidents claims, this Court has also introduced a regime of reference of injured claimants to District Medical Boards for issuance of certificate of disability for uniform, consistent assessment. By order in CMA No. 2380/2015 dated 12/4/2016 in Tata AIG General Ins. Co. Ltd. v. Prabhu, 2017 ACJ 285 (Madras), this new dispensation was put in place as of 1/8/2016. While clarifying the purport and import of the said order, by order dated 25.11.2016, this Court, while reiterating and commending the regime, also suggested use of digital way for transfer of medical records and receipt of certificates of disability. The utility of a techno-savvy platform was highlighted. 17. A combined reading/implementation of DAR regime - which is a technology platform, allied with reference of the victims to Medical Board, as a matter of rule for availing certificates of disability, and on grant of just compensation, the transfer of the same as digital transfer to the bank accounts of the victims, would be a huge and transformational change. Providing such avenues may not suffice. The stakeholders need to be made aware of and be ready and willing to take full advantage of it. Once there is exposure and experience of this well-oiled systemic change, the benefits that flow to ease the lives of the traumatized victims would be immense and deserving. Providing such avenues may not suffice. The stakeholders need to be made aware of and be ready and willing to take full advantage of it. Once there is exposure and experience of this well-oiled systemic change, the benefits that flow to ease the lives of the traumatized victims would be immense and deserving. In fact, this Court feels that the courts below, which are the beneficiaries to this ready access, need to be sensitized to its uses and benefits and SCRB even took the initiative of a Lecture-Demonstration to Judicial Officers in Chennai and its suburbs at the Tamil Nadu State Judicial Academy. May be, it would make sense to introduce and familiarize the concerned Judicial Officers, elsewhere in Tamil Nadu also, with this new technological regime, which if accessed by them with intent and alacrity, would enable them to advance in their careers too with a better performance. Ultimately, Justice Hand could be falsified by Courts of Law turning into "Courts of Justice" after all. Initial Implementation Of DAR Regime 18. By order dated 13/4/2017, this Court while recording the chronology of events, also adverted to the role that technology played and could play in the administration of justice vis-a-vis a series of verdicts from the Supreme Court as well. It therefore readily commended the SCRB on line platform for implementing the DAR regime. The online platform has gone live from 1/3/2017 and it has been opened up for insurance companies and transport corporations. Till date, this Court is informed that 13 insurers have registered themselves and are regularly making use of the uploaded data. Transport Corporations, to whom also this service was extended, have also sought registration for availing this facility. As far as Motor Accidents Claims Tribunals are concerned, 289 of them have been given links, as well as 58 Legal Service Authorities by SCRB till date, thanks to the IT efforts of this Court and the service is available for them for free. Equally, it is gathered that between 1/3/2017 and 11/09/2017, around 18,000 claims related data, have been uploaded and made accessible to the stakeholders, in question. DAR compilation as mandated by law, is an online reality and instead of the physical version as in Delhi, now, the version in Tamil Nadu is a soft one. Equally, it is gathered that between 1/3/2017 and 11/09/2017, around 18,000 claims related data, have been uploaded and made accessible to the stakeholders, in question. DAR compilation as mandated by law, is an online reality and instead of the physical version as in Delhi, now, the version in Tamil Nadu is a soft one. Counsel for insurance companies have expressed satisfaction at the performance of the platform thus far and readily admit that it has enabled the insurers to handle claims better, with confidence, and made it possible to seek closure also early. 19. The order dated 13/5/2016 of the Apex Court made in Jai Prakash v. National Insurance Co. Ltd. vide implementation of the DAR regime, is now a reality in Tamil Nadu, not in the physical or hard copy format but an online version of it. This Court is immensely satisfied that the online version is an improved version and not a belittled version and DAR compilation is in accord with the legal mandate. Instead of physically compiling the documents and capturing the information, SCRB is uploading the data for ready access of the stakeholders. Even assuming that the Claims Tribunals were actually not registering claims upon such uploaded DAR regime, they have no hurdle to download the compilation, register the case, give it a number and issue notices to the parties therein and process and dispose of the claim as if a claim petition was filed, wherever claims have not already been filed. The physical filing of the DAR compilation is replaced in Tamil Nadu by the online avatar, in precept, but, in practice, it is but implementation of DAR regime as it is perceived and mandated to be. SCRB deserves wholehearted appreciation for its readiness to comply with the legal mandate and tweaking their online platform to put in place a version to accommodate the DAR regime without any let or hindrance. Hats off to all those who are involved and engaged in this noble endeavour for the larger interest of the affected victims. 20. Motor accidents jurisdiction is quite peculiar from the point of view of specialised practitioners in Tamil Nadu. Hats off to all those who are involved and engaged in this noble endeavour for the larger interest of the affected victims. 20. Motor accidents jurisdiction is quite peculiar from the point of view of specialised practitioners in Tamil Nadu. It has been brought to the notice of this Court in course of demonstration of DAR compilation and settlement of 7 claims on that basis and the Delhi regime where the DAR report when filed being registered as a claim petition, that in Tamil Nadu, scope or need for such filing/registration of MCOPs based on DAR compilation, seems otiose or meaningless. Even well before the DAR compilation is made and uploaded, however fast, within even 30 days and 60 days in many a case, already claim petitions get filed before Claims Tribunals and advocates are already on record. It is as if along with first-aid to the traumatized victims, vakalats are obtained and claims filed in Tamil Nadu, as a matter of rule and the Police administration is even put on notice of the advocates-on-record even while they upload the data in this DAR regime. So, this Court is satisfied that online implementation of DAR does not, in any way, detract from the merits of the DAR regime from its physical filing format. Hence, the online version of DAR regime, as implemented in Tamil Nadu, passes the crucible of being an online version of DAR regime (in line with Ex.R5 as in order dated 13/05/2016 of the order of the Supreme Court in Jai Prakash v. National Ins. Co. Ltd.) In fact, as times move, this Court is inclined to believe that this online version may be the way to go for implementation of DAR regime and SCRB may have a 'saleable product' on their hands to offer to other States across India, who also may come within the binding mandate for implementation of the DAR regime. Possibly, if the Apex Court was put on notice of this online version of DAR regime implementation, they may well commend its replication for rest of India, considering the keenness of the Apex Court in embracing technology. Full Fledged Implementation of DAR Regime: 21. Possibly, if the Apex Court was put on notice of this online version of DAR regime implementation, they may well commend its replication for rest of India, considering the keenness of the Apex Court in embracing technology. Full Fledged Implementation of DAR Regime: 21. While the Motor Accidents Claims Tribunals were afforded access first, and then Legal Services Authorities, and then insurance companies and transport corporations, SCRB took time to provide access to the victims/claimants and owners/drivers (who could be christened as accused at one level). SCRB has now completed the circle by providing access to the last segment also at a low price on and from 31/8/2017, within the promised dateline or mandated timeline of this Court. It adds a feather to the cap of SCRB for not only conceiving this facility but ensuring its implementation without any time overruns as well. Tamil Nadu Police can take pride that they have met the mandate of law and leading the way as the first and only State as on date in implementation of DAR regime. 22. The claimants/victims and owners/drivers, when they are registered and their details captured with mobile numbers, are given an One Time Password (OTP) with which they can have access to the uploaded DAR compilation for a small fee of Rs.10/- per document. In fact, if there is proper marketing of this dispensation and the ordinary citizen becomes aware, possibly, just possibly, the sale and purchase of victims as commodities may cease and the claimants/victims may get full control over their lives and claims to seek their own counsel and file claims of their choice, rather than being peddled as commodities for a price, immediately upon an accident, and being more often than not compelled, to file claims through a select community of practitioners who dominate the jurisdiction. So, the benefits flowing from this DAR regime are limitless except that it is for the stakeholders to appreciate, assimilate, understand and utilize it to their benefit. SCRB may be doing their job by uploading the data and offering it on a platter to the stakeholders, all of them, in particular, the claimants/victims, at their door step. If the claimants/victims become aware of this facility and wait a wee bit, they can avoid themselves being sold as "commodities", since access to documentation under the DAR regime is within their grasp to take full control of their claims. If the claimants/victims become aware of this facility and wait a wee bit, they can avoid themselves being sold as "commodities", since access to documentation under the DAR regime is within their grasp to take full control of their claims. But, if the claimants/victims fail or refuse to take advantage of this wonderful dispensation, we would still not be failing in our duty, for claimants/victims may be failing themselves. We can take the horse to the water but it is for the horse to drink for we cannot coerce it into doing so. Extension of DAR Regime To Victim Compensation Scheme: 23. Thus, SCRB seems to have complied with the mandate of law in the implementation of the DAR regime. This Court sought to tweak the DAR regime for the benefit of the victims in relation to Section 357-A of Cr.P.C. vis-a-vis Tamil Nadu Victim Compensation Scheme, 2013 as well. SCRB has merely to provide access to the Judicial Magistrates handling the crimes relating to motor accidents for them to make use of the same in assessment and award of compensation. In effect, any which way the DAR regime could be implemented effectively and put in place, in its online avatar, as distinguished from the physical form as enacted in Delhi, has been accomplished thanks to the innovative and endeavouring ways of SCRB. Summation: 24. The journey this Court set off on 17/8/2016 has now culminated with a Status Report from SCRB dated 08/09/2017. In paragraph No.10 of the status report, it is indicated that, as directed by this Court, extension of services is being made to State Transport Corporations also. While so, letter dated 08/09/2017 in Rc. No. DX/2386/SCRB/2016, has been brought to the notice of this Court that such services have now been extended to State Transport Corporations also. This letter shall form part and parcel of the status report. Hence, the circle is now complete. It is now a recorded and realistic fact that DAR regime is in vogue, up and running as mandated by the order of the Supreme Court dated 13/5/2016 and as triggered within this State by orders of this Court. The DAR regime, as practiced and implemented with SCRB at the apex, is a vastly improved and improvised version of the DAR regime as on online platform. It is no different from the DAR regime in its physical format, in content. The DAR regime, as practiced and implemented with SCRB at the apex, is a vastly improved and improvised version of the DAR regime as on online platform. It is no different from the DAR regime in its physical format, in content. The online platform vis-a-vis DAR regime went live from 1/3/2017. It has granted access to Claims Tribunals, Legal Services Authority and insurance companies and transport corporations on and from 1/3/2017 itself. Thereafter, now, SCRB has completed the compliance with their obligation by providing access to the claimants/victims and owner/drivers as well on and from 31/8/2017. It is good that the implementation of the DAR Regime and allied facility, have been publicized on 31/8/2017 in all districts of Tamil Nadu and in Chennai on 1/9/2017, under the leadership of the respective Commissioners of Police. Good causes should never shun publicity and instead, ought to embrace it for widening the base and its sphere of influence, in public interest. The online platform, SCRB suggests is running well and the stakeholders are by and large satisfied. Insurance companies appear to be the largest beneficiaries in having DAR regime documentation on their tables at the click of a key and it is only but fair that they use it not to their advantage exclusively but be forthcoming to try and compromise as many accident claims as possible to ease the pressure on the existing pendency. Hope the insurers would reciprocate the benefits that have come their way since the litigation they mounted has culminated in these developments. In any new concept and compliance, with a high end technological tweak, there is bound to be technical glitches which SCRB promises will be attended to all the time. They have as a permanent fixture provided the name, address and identity of the entity who would be available on line to attend to grievances and redressal thereof. 25. In fine, this Court is more than satisfied that SCRB has, in fact and reality, implemented the DAR regime as they were obliged to, but as an online platform. The form is different from Delhi, which is physical. In all other respects, the content being one and the same, the SCRB effort is a sure shot improved one and possibly worth replicating Pan India. The form is different from Delhi, which is physical. In all other respects, the content being one and the same, the SCRB effort is a sure shot improved one and possibly worth replicating Pan India. In fact, if the Apex Court becomes aware of this online venture of the implementation of DAR regime, it may even consider recommending its implementation across India, as being paperless is the way to go, as the Apex Court has itself demonstrably noted on 3rd July, 2017, going paperless itself on a trial run basis. SCRB has done a commendable job of what it was directed to do and one fervently hopes that all the stakeholders would take full advantage of what is on offer for the lasting benefit of the community of motor accidents victims, to seek early closure of their claims for just compensation and to come out of a traumatized event and circumstances, as early as possible and possibly rid the jurisdiction of the pernicious practice of false and fabricated motor accidents claims and falsification of records. A successful uploading and implementation of DAR regime would be testimony to the orders of the Apex Court in commending its application throughout India. 26. With these words, this Court commends the application of DAR regime as proposed for the entire State in its online version as constituting full compliance with the mandate of the decision of the Supreme Court dated 13/5/2016 in Jai Prakash v. National Insurance Co. Ltd. and as per the directions of this Court commencing from 16/8/2016 and culminating in this order. This Court commends the efforts of all those involved in implementation of the DAR regime and taking strenuous efforts to make a success of the regime for the lasting benefit of the innocent motor accidents victims to deliver on the promise of social justice as a Constitutional principle." (Emphasis supplied) 4. Mr. A.K. Soni, learned counsel for ICICI Lombard GIC Ltd. submits that all the insurance companies have not yet submitted their suggestions. The insurance companies shall submit their suggestions to the Committee appointed by this Court vide order dated 15th December, 2017. The suggestions be submitted to Mr. Rahul Mehra, Convener of the Committee, who shall convene the next meeting in the third week of February, 2018 to consider the same and submit its report before this Court. 5. The insurance companies shall submit their suggestions to the Committee appointed by this Court vide order dated 15th December, 2017. The suggestions be submitted to Mr. Rahul Mehra, Convener of the Committee, who shall convene the next meeting in the third week of February, 2018 to consider the same and submit its report before this Court. 5. The Committee shall also consider the implementation of the procedure/mechanism developed by the Madras High Court in its aforesaid judgment. 6. Learned counsels further submit that the Claims Tribunal are attaching the bank account of the Insurance Companies before expiry of 90 days available to file the appeal against the award before this Court. There is merit in this contention. No coercive action should be taken within 90 days of the award. However, it is clarified that the Claims Tribunal shall keep the case for compliance after 30 days of the award so that the award amount is deposited within 30 days in cases in which no appeal is filed. 7. Mr. Vijay Kumar Maurya, General Manager, RBI; Mr. Sreejesh Mathew, Dy. Manager PFRDA, NPS Trust; and Mr. Ram Kumar, Chief Manager, State Bank of India; Mr. Nipun Kumar, Chief Manager, State Bank of India; Mr. K.B. Bhushan, Chief Manager, State Bank of India; and Mr. N.K. Garg, Dy. Manager, State Bank of India are present in Court. There is no appearance on behalf of Indian Bank Association and Institution of Actuaries of India. Issue fresh notice to Indian Bank Association and Institution of Actuaries of India, returnable on 9th March, 2018. 8. This Court is concerned with the formation of a special scheme for victims of the road accidents in which the award amount is kept in monthly FDRs and the maturity amounts are transferred by RTGS/NEFT/IMPS to the savings bank accounts of the victims near their place of their residence. The disbursement scheme formulated by this court is as under: - (a) The award amount is to be released to the claimants in a phased manner by initially releasing some amount and keeping the balance in monthly FDR's with cumulative interest. The disbursement scheme formulated by this court is as under: - (a) The award amount is to be released to the claimants in a phased manner by initially releasing some amount and keeping the balance in monthly FDR's with cumulative interest. For example, in a case where award amount is of Rs.5,50,000/- and the monthly expenditure of the claimant is Rs.5,000/- per month, Rs.50,000/- may be released initially and the balance Rs.5,00,000/- be kept in 100 FDR for Rs.5,000/- each for the period 1 to 100 months respectively, along with cumulative interest. (b) Original fixed deposit receipts be retained by the bank in its safe custody. However, a statement containing FDR number, FDR amount, date of maturity of FDR and maturity amount of the FDRs be given to the claimants. (c) The maturity amounts of the FDRs shall be credited to the savings bank account of the claimants in a nationalized bank near the place of his residence. (d) No cheque book or debit card shall be issued to the claimants in respect of the savings bank account in which the award amount is to be sent/credited, without permission of the Court. However, in case the debit card and/or cheque book have already been issued, the court shall direct the bank to cancel the same before the disbursement of the award amount. The bank shall make an endorsement on the passbooks of the claimants to the effect that no cheque book and/or debit card have been issued and shall not be issued without the permission of the Court. The claimants shall produce the passbook with the necessary endorsement before the Court on the next date fixed for compliance. (e) No loan, advance or premature discharge shall be allowed of the fixed deposits without permission of the Court. (f) No joint names is added in the savings bank account or fixed deposit account of the claimants. 9. State Bank of India and UCO Bank are directed to consider formulating a special scheme for disbursement of the compensation to the victims of the road accidents under the order of this Court. This Court is of the view that the banks can prepare/create a software for introducing such scheme. LIC and NPS Trust already have such schemes but the return of their schemes is not beneficial to the victims. This Court is of the view that the banks can prepare/create a software for introducing such scheme. LIC and NPS Trust already have such schemes but the return of their schemes is not beneficial to the victims. LIC and NPS Trust shall extend the necessary cooperation to State Bank of India and UCO Bank for this purpose. The officers from State Bank of India present in Court shall take up this matter with their concerned department and submit the response on the next date of hearing. 10. List for further hearing on 09th March, 2018 at 02:30 p.m. 11. Copy of this order be given dasti to counsels for the parties as well as to the counsels of the Insurance Companies, RBI and Banks as well as to Mr. Sidharth Luthra, Senior Advocate appointed as amicus curiae, Mr. A.J. Bhambhani, Senior Advocate appointed as amicus curiae, Mr. Rahul Mehra, Sr. Standing Counsel (Crl.) for GNCTD under signatures of the Court Master. 12. Copy of this order be sent to Delhi State Legal Services Authority and to National Legal Services Authority.