JUDGMENT : J.R. MIDHA, J. 1. Mr. Lalit Bhasin, learned counsel for Indian Bank Association has handed over copies of the operative documents of 21 banks which have implemented Motor Accident Claims Annuity Deposit Scheme (MACAD Scheme) approved by this court on 1.5.2018. The compilations of the operative documents of 21 banks are taken on record. Learned counsel for Indian Bank Association shall furnish the sets of the operative documents to the Registrar General for being circulated to all the Claims Tribunals. 2. The Registrar General is directed to circulate the aforesaid compilation to all the Claims Tribunals for being implemented forthwith. The Claims Tribunals shall disburse the awarded amount to the claimants in a phased manner in terms of the order dated 1.5.2018 and the award amount be disbursed through MACAD Scheme. 3. All the banks are directed to appoint a Nodal Officer within four weeks. Learned counsel for Indian Bank Association shall compile the list of all the Nodal Officers of the banks with their respective addresses, phone numbers as well as email addresses and submit the same to the Registrar General who shall circulate the list of Nodal Officers to all the Claims Tribunals. The Nodal Officer of each bank shall ensure the implementation of the MACAD Scheme by their branches. The Claims Tribunal shall send the copy of the disbursement order by email to the Nodal Officer of that bank who shall ensure the disbursement by the bank within three weeks of the receipt of the email. 4. Indian Bank Association and Delhi State Legal Services Authority shall give adequate publicity to MACAD Scheme in the print as well as digital media. 5. Claims Tribunal Agreed Procedure in terms of the order dated 15.12.2017 is further modified to incorporate the directions contained in orders dated 18.1.2018, 9.3.2018, 1.5.2018, 20.7.2018 and 7.9.2018. The Modified Claims Tribunal Agreed Procedure (MCTAP) is annexed to this order. 6. The Registrar General shall circulate the MCTAP to all the Claims Tribunals. The Claims Tribunals, Delhi Police and insurance companies are directed to implement the MCTAP with effect from 1.1.2019. 7. Learned amicus curiae submits that the Committee is deliberating upon the issues referred to it by this court. Let the final report of the Committee be submitted before this court on the next date of hearing. 8. List for reporting compliance on 8.2.2019 at 2.30 p.m. 9. 7. Learned amicus curiae submits that the Committee is deliberating upon the issues referred to it by this court. Let the final report of the Committee be submitted before this court on the next date of hearing. 8. List for reporting compliance on 8.2.2019 at 2.30 p.m. 9. This court appreciates the assistance rendered by Mr. Lalit Bhasin, learned counsel for Indian Bank Association for implementation of MACAD Scheme. 10. Copy of this order along with MCTAP be sent to the Registrar General of this court, National Legal Services Authority (NALSA), Delhi State Legal Services Authority (DSLSA), Delhi Police as well as General Insurance Council, 5th floor, Building No. 14, National Insurance Building, Jamshedji Tata Road, Churchgate, Mumbai-400020. General Insurance Council shall circulate this order to all the insurance companies. 11. Copy of this order be given dasti to learned counsel for the parties as well as learned counsel for IBA and Delhi Police under signature of Court Master. MODIFIED CLAIMS TRIBUNAL AGREED PROCEDURE [As approved by Delhi High Court vide Order dated 7.12.2018] 12. Investigation of road accident cases by the Police: Immediately on receipt of the information of a road accident, the Investigating Officer of police shall inspect the site of accident, take photographs of scene of the accident and the vehicles involved in the accident and prepare a site plan, drawn to scale, as to indicate the layout and width, etc. of the roads or places, as the case may be, the position of vehicles and persons involved, and such other facts as may be relevant. In injury cases, the Investigating Officer shall also take the photographs of the injured in the hospital. The Investigating Officer shall conduct spot enquiry by examining the eyewitnesses/bystanders. 13. Intimation of accident to the Claims Tribunal and insurance company within 48 hours: The Investigating Officer shall intimate the accident to the Claims Tribunal within 48 hours of the accident. If the particulars of insurance policy are available, the intimation of the accident shall also be given to the Nodal Officer of the concerned insurance company of the offending vehicle. The particulars of the accident shall also be uploaded on the website of Delhi Police. The intimation by the Investigating Officer shall be in FORM-I. 14. If the particulars of insurance policy are available, the intimation of the accident shall also be given to the Nodal Officer of the concerned insurance company of the offending vehicle. The particulars of the accident shall also be uploaded on the website of Delhi Police. The intimation by the Investigating Officer shall be in FORM-I. 14. Documents to be collected by the Investigating Officer: The Investigating Officer of police shall collect the relevant evidence relating to the accident as well as for computation of compensation. The list of documents to be collected by the Investigating Officer is as under: (i) First information report (ii) Site plan (iii) Photographs of the scene of accident from all angles (iv) Photographs of all the vehicles involved in the accident from all angles (v) Photograph and specimen signature of the drivers of the offending vehicles (vi) Photograph and specimen signature of the owners of the offending vehicles (vii) Mechanical inspection report in terms of Annexure-A (viii) Driving licence of the driver of the offending vehicles (ix) Proof of employment of the driver of offending vehicles such as appointment letter, salary slips, duty register, etc. (x) Registration certificate of the offending vehicles (xi) In case of transfer of offending vehicle, sale documents, possession letter or any other document relating to transfer, if any (xii) Insurance policy of the offending vehicles (xiii) Permit (for commercial vehicle) (xiv) Fitness certificate (for commercial vehicle) (xv) Report under section 173, Criminal Procedure Code (xvi) Statements of the witnesses recorded by the police (xvii) Scientific report, if the drivers of the offending vehicles was under the influence of alcohol/drugs (xviii) In case of death: (a) Post-mortem report (b) Death certificate (c) Photograph and proof of the identity of the deceased (d) Proof of age of the deceased which may be in form of: Birth certificate School certificate Certificate from Gram Panchayat (in case of illiterate) (e) Proof of occupation and income of the deceased which may be in form of: Pay slip/salary certificate for salaried employees Bank statements of the last six months Income tax returns Balance sheets (f) Proof of the legal representatives of the deceased: Names Age Address Relationship (g) Aadhaar card, PAN card, photographs and specimen signatures attested by the bank (h) Bank account details along with its IFSC code of the legal representatives of the deceased near the place of their permanent residence with name and address of the bank (i) Medical treatment record, medical bills and other expenditure (j) Any other relevant documents (xix) In case of injury: (a) MLC (b) Multi-angle photographs of the injured (c) Aadhaar card, PAN card, photographs and specimen signatures of the injured attested by the bank (d) Bank account details along with its IFSC code of the injured near the place of his/her permanent residence with name and address of the bank (e) Proof of age of the injured which may be in form of: Birth certificate School certificate Certificate from Gram Panchayat (in case of illiterate) (f) Proof of occupational income of the injured at the time of accident which may be in form of: Pay slip/salary certificate for salaried employees Bank statements of the last six months of the injured Income tax returns Balance sheets (g) Medical treatment record, medical bills and other expenditure - In case of continuous medical treatment, the SHO/IO shall also record the details so that the claimant may furnish documents before the Claims Tribunal (h) Disability certificate (i) Proof of absence from work where loss of income on account of injury is being claimed, which may be in the form of: Certificate from the employer Extracts from the attendance register (j) Proof of reimbursement of medical expenses by employer or under a mediclaim policy, if any (k) Any other relevant documents 15. Verification of the documents by the Investigating Officer: The Investigating Officer shall verify the authenticity of the documents mentioned in para-3 by obtaining confirmation in writing from the office or authority or person purporting to have issued the same or by such further investigation or verification as may be deemed necessary for arriving at a conclusion regarding the authenticity of the documents in question, including but not limited to verifying the licence of the driver, permit and fitness of the offending vehicles, where applicable, from the registering authority. 16. Duty of the registration authority to verify the documents within 15 days of the application: The Registration authority shall verify the registration certificate, driving licence, fitness and permit in respect of the offending vehicles within 15 days of the application being made by the Investigating Officer. 17. Duty of the hospital to issue MLC and post-mortem report within 15 days of the accident: The concerned hospital shall issue the MLC and postmortem report to the Investigating Officer within 15 days of the accident. 18. In case of uninsured vehicle, driver and owner of the offending vehicle to be prosecuted under section 196 of Motor Vehicles Act, 1988: In case of uninsured offending vehicle, the Investigating Officer shall prosecute the persons liable for violation under section 196 of the Motor Vehicles Act, including the driver and the person who caused or allowed the uninsured vehicle to be driven. 19. In case of fake driving licence, the driver and other persons involved to be prosecuted for holding a fake driving licence: If the driving licence of the driver is found to be fake, the Investigating Officer shall prosecute the driver for holding a fake driving licence and/or other persons involved in forging a fake driving licence. 20. Uninsured vehicle not to be released to the owner: If the offending vehicle is not covered by the policy of insurance against third party risks or the driver was not holding a valid driving licence or if the registered owner fails to furnish copy of the insurance policy or the driving licence of the driver, the vehicle involved in the accident resulting in death or bodily injury or damage to property shall not be released, unless and until the registered owner furnishes sufficient security to the satisfaction of the court to pay compensation that may be awarded in a claim case arising out of such accident. On expiry of three months of the vehicle being taken in possession by the Investigating Officer, such vehicle shall be sold off in public auction by the Magistrate having jurisdiction over the area where accident occurred and proceeds thereof shall be deposited with the concerned Claims Tribunal within 15 days for the purpose of satisfying the compensation that may have been awarded, or may be awarded in a claim case arising out of such accident. 21. Duty of the police to complete the investigation of the criminal case and file the charge-sheet (report under section 173, Criminal Procedure Code) before the Metropolitan Magistrate and to file DAR along with copy of the charge-sheet before the Claims Tribunal within 30 days: The Investigating Officer shall complete the collection of the aforesaid documents and its verification as well as investigation of the criminal case within 30 days of the accident. The Investigating Officer shall file the report under section 173, Criminal Procedure Code, before the concerned Magistrate and Detailed Accident Report (DAR) before the Claims Tribunal within 30 days of the accident. The DAR shall be properly indexed and page numbered at the time of filing with the Claims Tribunal. The DAR shall be accompanied with the requisite documents mentioned in para-3 above. The DAR shall be in FORM-II. 22. Copy of DAR to be furnished to claimants, owner/driver of the offending vehicles, insurance company and Delhi State Legal Services Authority: The Investigating Officer shall furnish the copy of the DAR to victims/claimants of the accident, owner/driver of the offending vehicle and the Nodal Officer of the insurance company. Copy of the DAR sent to the insurance company and others shall be properly paginated and shall be accompanied by an index. The Investigating Officer of the police shall also furnish a copy of Detailed Accident Report (DAR) along with complete documents to Secretary, Delhi State Legal Services Authority, Central Office, Pre-Fab Building, Patiala House Courts, New Delhi. Delhi State Legal Services Authority shall examine each case and assist the Claims Tribunal in determination of the just compensation payable to the claimants in accordance with law. 23. Delhi State Legal Services Authority shall examine each case and assist the Claims Tribunal in determination of the just compensation payable to the claimants in accordance with law. 23. Extension of time to file DAR and report under section 173, Criminal Procedure Code: Where the Investigating Officer is unable to complete the investigation of the case within 30 days for reasons beyond his control, such as cases of hit and run accidents; cases where the parties reside outside the jurisdiction of the court; where the driving licence is issued outside the jurisdiction of the court; or where the victims has suffered grievous injuries and is undergoing continuous treatment, the Investigating Officer shall approach the Claims Tribunal for extension of time to file DAR/report under section 173, Criminal Procedure Code, whereupon the Claims Tribunal shall extend the time as it considers appropriate in the facts and circumstances of each case. 24. Investigating Officer to seek necessary directions from the Claims Tribunal: In the event of failure of the drivers, owners, insurance company and/or claimants to disclose any relevant information and documents necessary to complete the DAR, the Investigating Officer shall seek necessary directions from the Claims Tribunal (reference be made to Part X of FORM-II) whereupon the Claims Tribunal shall, in appropriate cases, direct the parties in default to disclose the relevant information on an affidavit along with the original documents within 15 days. 25. Examination of DAR by the Claims Tribunal: The Claims Tribunal shall examine whether the DAR is complete in all respects. If the DAR is complete in all respects, the Claims Tribunal shall fix a date for appearance of the drivers, owners, claimants and the eyewitnesses 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. If the DAR is not complete, the Claims Tribunal shall direct the Investigating Officer to complete the same and shall fix a date for the said completion. 26. If the DAR is not complete, the Claims Tribunal shall direct the Investigating Officer to complete the same and shall fix a date for the said completion. 26. Duty of the Investigating Officer to produce the drivers, owners, claimants and eyewitnesses before the Claims Tribunal: The Investigating Officer shall produce the drivers, owners, claimants and the eyewitnesses before the Claims Tribunal, after the order of the Claims Tribunal that the DAR is complete in all respects. However, if the Investigating Officer is unable to produce the owners, drivers, claimants and eyewitnesses before the Claims Tribunal on the date fixed by the Claims Tribunal for reasons beyond its control, the Claims Tribunal shall issue notice to them to be served through the Investigating Officer for a date for appearance not later than 30 days. The Investigating Officer shall give an advance notice to the Nodal Officer of the concerned insurance company about the date of filing of the DAR before the Claims Tribunal so that the nominated counsel for the insurance company can remain present on the first date of hearing before the Claims Tribunal. 27. Duties of Police shall be construed to be part of State Police Act: The duties of police enumerated above shall be construed as if they are included in the respective State Police Act and any breach thereof shall entail consequences envisaged in that law. 28. Claims Tribunal shall treat DAR as a claim petition for compensation under section 166(4) of Motor Vehicles Act, 1988: The Claims Tribunal shall treat the DAR filed by the Investigating Officer as a claim petition under section 166(4) of the Motor Vehicles Act, 1988. However, where the Investigating Officer is unable to produce the claimants on the first date of hearing, the Claims Tribunal shall initially register the DAR as a miscellaneous application which shall be registered as a claim petition after the appearance of the claimants. Where the claimants have filed a separate claim petition, the DAR shall be tagged along with the claim petition. In cases where the charge-sheet has not been filed at the time of filing of the DAR, the Claims Tribunal shall either await the filing of the charge-sheet or record the statement of the eyewitnesses to satisfy itself with respect to the negligence before passing the award. 29. In cases where the charge-sheet has not been filed at the time of filing of the DAR, the Claims Tribunal shall either await the filing of the charge-sheet or record the statement of the eyewitnesses to satisfy itself with respect to the negligence before passing the award. 29. Direction to the claimants to open savings bank account near the place of their residence in a nationalised bank: The Claims Tribunal shall direct the claimants, on the very first date of their appearance, to open a savings bank account in a nationalised bank near the place of their residence and the concerned bank be directed to not issue any cheque books and/or debit cards to the claimants and if the same have already been issued, the bank be directed to cancel the same and make an endorsement on the passbook of the claimants to the effect that no cheque book and/or debit card shall be issued to the claimants without the permission of the court. The claimants be directed to produce the copy of the order passed by the Claims Tribunal before the concerned bank whereupon the bank be directed to make an endorsement on the passbook. The claimants be directed to produce the passbook with the necessary endorsement as well as Aadhaar card and PAN card before the Claims Tribunal. 30. In cases of charge of rash and negligent driving, the Claims Tribunal shall register the case under section 166 of Motor Vehicles Act, 1988: Where the Claims Tribunal finds that the DAR and in particular the report under section 173, Criminal Procedure Code, annexed to the DAR has brought a charge of rash and negligent driving, the Claims Tribunal shall register the claim case under section 166 of the Motor Vehicles Act, 1988. However, in cases where the DAR does not bring a charge of negligence or the claimants chose to claim compensation on no fault basis despite the charge of negligence, the Claims Tribunal shall register the claim case under section 163-A of the Motor Vehicles Act, 1988. 31. Duty of the insurance companies to appoint a designated officer within 10 days of the receipt of the copy of DAR: Upon receipt of copy of the DAR, the insurance company shall appoint a designated officer for that case within 10 days of the receipt of the copy of DAR. 31. Duty of the insurance companies to appoint a designated officer within 10 days of the receipt of the copy of DAR: Upon receipt of copy of the DAR, the insurance company shall appoint a designated officer for that case within 10 days of the receipt of the copy of DAR. The designated officer shall be responsible for dealing/processing of that case and to pass a reasoned decision in writing with respect to the compensation payable to the claimants in accordance with law. 32. Duty of the insurance companies to appoint a Nodal Officer and intimate the Delhi Police: All the insurance companies shall appoint a Nodal Officer and intimate the name, address, phone numbers/mobile numbers and email address of their Nodal Officer to 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-I and DAR in FORM-II of MCTAP by email to the Nodal Officer of the concerned insurance company. 33. Duty of the insurance companies to get DAR verified by their surveyor/investigator: The insurance companies are duty-bound to verify the correctness/genuineness of every claim. The insurance companies shall direct their own officers or appoint an investigator or surveyor to verify the accident within 20 days of the receipt of the copy of the DAR from the Investigating Officer. For example, in cases where the insurance companies receive the information of an accident relating to death within 48 hours, of the accident, a prompt visit by the officer/investigator/surveyor of the insurance company at the place of occurrence, cremation and residence of the deceased to verify 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. The designated officer shall submit the report of the surveyor/investigator supported by an affidavit before the Claims Tribunal. If the statements made in the DAR are found to be incorrect, the designated officer shall send the copy of the report of the surveyor/investigator to the DCP concerned. 34. The designated officer shall submit the report of the surveyor/investigator supported by an affidavit before the Claims Tribunal. If the statements made in the DAR are found to be incorrect, the designated officer shall send the copy of the report of the surveyor/investigator to the DCP concerned. 34. Duty of insurance companies to process DAR and submit an offer for settlement within 30 days: The insurance company shall examine the DAR and take a decision as to the quantum of compensation payable to the claimants in accordance with law within 30 days of the date of receipt of the copy of DAR from the Investigating Officer. The decision taken by the designated officer of the insurance company shall be in writing and it shall be a reasoned decision. The report of the Designated Officer of the insurance company shall be in FORM-III. 35. Consent award to be passed where claimants accepts the offer of insurance company: The compensation assessed by the designated officer of the insurance company shall constitute a legal offer to the claimants and if the said amount is fair and acceptable to the claimants, the Claims Tribunal shall pass a consent award and shall provide 30 days time to the insurance company to make the payment of the award amount. However, before passing the consent award, the Claims Tribunal shall ensure that the claimants are awarded just compensation in accordance with law. The Claims Tribunal shall also pass an order with respect to the disbursement of the shares of the claimants. 36. Claimants, to respond to the offer of the insurance company within 30 days: If the claimants are not in a position to immediately respond to the offer of the insurance company, the Claims Tribunal shall grant them time not later than 30 days to respond to the said offer. 37. Guidelines for assessment of functional disability of the claimant in injury cases: 37.1. All injuries or permanent disability arising from injuries do not result in loss of earning capacity. 37.2. The percentage of permanent disability with reference to the whole body of a person should not be mechanically assumed to be equal to the percentage of loss of earning capacity. Guidelines for assessment of functional disability of the claimant in injury cases: 37.1. All injuries or permanent disability arising from injuries do not result in loss of earning capacity. 37.2. The percentage of permanent disability with reference to the whole body of a person should not be mechanically assumed to be equal to the percentage of loss of earning capacity. The percentage of loss of earning capacity is not the same as the percentage of permanent disability (except in cases, where the Tribunal on the basis of evidence, concludes that percentage of loss of earning capacity is the same as percentage of permanent disability). 37.3. The doctor, who treated or examined the injured-claimant and subsequently assessed the permanent disability, can give evidence of his medical opinion with regard to the extent of permanent disability. However, the percentage of loss of earning capacity is to be assessed by the Claims Tribunal taking in consideration various other factors as mentioned below. 37.4. The same percentage of permanent disability may result in different percentage of loss of earning capacity in different persons, depending upon the nature of profession, occupation or job, age, education and other relevant factors. 37.5. Ascertainment of the effect of the percentage of permanent disability on the actual earning capacity (percentage of loss of earning capacity) involves three steps: (i) The Tribunal has to first ascertain what activities the claimant could carry on in spite of the permanent disability and what he could not do as a result of the permanent disability (this is also relevant for awarding compensation under the head of loss of amenities of life). (ii) The second step is to ascertain his avocation, profession and nature of work before the accident, as also his age. (iii) The third step is to find out whether: (a) The claimant is totally disabled from earning any kind of livelihood. (b) Whether in spite of the permanent disability, the claimant could still effectively carry on the activities and functions, which he was earlier carrying on. (c) Whether he was prevented or restricted from discharging his previous activities and functions, but could carry on some other or lesser scale of activities and functions so that he continues to earn or can continue to earn his livelihood. 37.6. (c) Whether he was prevented or restricted from discharging his previous activities and functions, but could carry on some other or lesser scale of activities and functions so that he continues to earn or can continue to earn his livelihood. 37.6. The Claims Tribunal may consider co-opting or taking the opinion of a medical expert from any government hospital for taking assistance in assessing the functional disability. However, cases in which medical expert is co-opted, should be taken up by a Claims Tribunal at a designated time so that the doctor is not made to wait. The proceedings for assessment of the functional disability of the claimant with the assistance of a medical expert should preferably be conducted in camera and counsel for insurance company and authorised representative of the insurance company be permitted to remain present. 37.7. The photographs of the injured portion should be taken on record in every injury case and a reasoned finding should be recorded in respect of the functional disability in terms of the principles laid down by the Supreme Court in Raj Kumar vs. Ajay Kumar, 2011 ACJ 1 (SC). 37.8. The photographs of the injured portion of the claimant should be annexed to the award to enable the appellate court to peruse the same in the event of the award being challenged. However, the photographs should not be uploaded on the website of the court. 37.9. In MAC Appeal No. 1134 of 2017, this court formed a Committee to frame guidelines for fixing the cost of artificial limbs for the victims of motor accidents. On 7.9.2018 a list of cost of prosthetic limbs prepared by the Committee was submitted to this court which has been circulated to the Claims Tribunals vide order dated 7.9.2018. The Claims Tribunal shall consider the same while awarding the cost of prosthetic limbs. 38. Duty of the Claims Tribunal to elicit the truth: Before passing the award on the basis of the DAR, the Claims Tribunal shall satisfy itself that the statements made in the DAR are true. DAR is merely an opinion of the Investigating Officer and is not to be treated as legal evidence. 38. Duty of the Claims Tribunal to elicit the truth: Before passing the award on the basis of the DAR, the Claims Tribunal shall satisfy itself that the statements made in the DAR are true. DAR is merely an opinion of the Investigating Officer and is not to be treated as legal evidence. The DAR has to be considered like a charge-sheet under section 173, Criminal Procedure Code 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 of the deceased 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. The Claims Tribunal may also consider examining the parties under section 165 of the Evidence Act. Reference be made to the judgment of this court Ved Prakash Kharbanda vs. Vimal Bindal, (2013) 198 DLT 555 , for scope of section 165 of the Evidence Act. 39. In case of non-settlement, the Claims Tribunal shall conduct an enquiry and pass an award within 30 days: If the offer of the insurance company is not fair or is not acceptable to the claimants or if the insurance company has any defence available to it under law, the Claims Tribunal shall proceed to conduct an inquiry under sections 168 and 169 of the Motor Vehicles Act, 1988 and shall pass an award within a period of 30 days thereafter. The Claims Tribunal shall follow the principles laid down in Mayur Arora vs. Amit, 2011 (1) TAC 878. 40. Examination of the claimants before passing of the award: (i) The Claims Tribunal shall, before or at the time of passing of the award, examine the claimants to ascertain their financial condition/needs, mode of disbursement and amount to be kept in fixed deposits. (ii) The Claims Tribunal shall take on record the following documents from the claimants: (a) Aadhaar card and PAN card. (ii) The Claims Tribunal shall take on record the following documents from the claimants: (a) Aadhaar card and PAN card. (b) Details of the bank accounts of the claimants near the place of their residence. (c) Two sets of photographs and specimen signatures of the claimants. (iii) Before disbursement of the award amount, the Claims Tribunal shall satisfy that the savings bank accounts of the claimants is near the place of their permanent residence and an endorsement has been made by the bank on the passbook of the claimants to the effect that no cheque books and/or debit cards shall be issued to the claimants without prior permission of the Claims Tribunal. If the claimants bank account is not near the place of their permanent residence, the Claims Tribunal shall defer the disbursement of award amount till passbooks of savings bank accounts of the claimants in a nationalised bank near the place of their permanent residence is not produced along with necessary endorsement. 41. Deposit of the award amount: In the award, the Claims Tribunal shall specifically direct the insurance company and/or the owner/driver, as the case may be, 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 to pay compensation by the Claims Tribunal shall give notice of deposit of the compensation amount to the claimants and shall file a compliance report with the Claims Tribunal with respect to the deposit of the compensation amount within 15 days of the deposit with the interest up to the date of notice of deposit to the claimants with a copy to their counsel within 30 days of the award. The names and addresses of the claimants and their counsel for issuance of notice of deposit shall be mentioned in the award. At the time of passing of the award, the Claims Tribunal shall examine whether the claimants are entitled to exemption of deduction of TDS and if so, the claimants shall submit Form 15G or Form 15H (for senior citizen) to the insurance company so that no TDS is deducted. The Claims Tribunal shall record a finding on this aspect at the time of passing of the award. 42. The Claims Tribunal shall record a finding on this aspect at the time of passing of the award. 42. Disbursement of the award amount: The Claims Tribunal shall disburse the award amount through Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated by this court vide order dated 1.5.2018 in FAO No. 842 of 2003. Copy of the Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme is FORM-VIII. The following 21 banks are implementing the MACAD Scheme. The names of the bank implementing MACAD Scheme are as under: (1) State Bank of India (2) Punjab National Bank (3) UCO Bank (4) Bank of Baroda (5) Allahabad Bank (6) Oriental Bank of Commerce (7) IDBI Bank (8) Indian Overseas Bank (9) Andhra Bank (10) Bank of India (11) Punjab and Sind Bank (12) Bank of Maharashtra (13) Canara Bank (14) Central Bank of India (15) Syndicate Bank (16) Corporation Bank (17) Dena Bank (18) Union Bank of India (19) United Bank of India (20) Indian Bank (21) Vijaya Bank List of banks along with the name of their Nodal Officer and their email address shall be submitted by Indian Bank Association to the Registrar General of this court within four weeks whereupon the Registrar General shall circulate the same to all the Claims Tribunals. 43. Protection of the award amount: The Claims Tribunal shall, depending upon the financial status and financial need of the claimants, release such amount as may be considered necessary and direct the remaining amount to be kept in fixed deposits in a phased manner [for example, if a sum of Rs. 5,50,000 has been awarded to the claimants, Rs. 50,000 may be released immediately and the remaining amount of Rs. 5,00,000 may be kept in 50 fixed deposits of Rs. 10,000 each, in the name of the claimants, for the period of one month to 50 months respectively, with cumulative interest]. The Claims Tribunal shall impose the following conditions with respect to the fixed deposits: (a) The bank shall not permit any joint names to be added in the savings bank account or fixed deposit accounts of the claimants, i.e. the savings bank accounts of the claimants shall be an individual savings bank accounts and not a joint accounts. (b) The original fixed deposit shall be retained by the bank in safe custody. (b) The original fixed deposit shall be retained by the bank in safe custody. However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the claimants. (c) The monthly interest be credited by electronic clearing system (ECS) in the savings bank account of the claimants near the place of their residence. (d) The maturity amounts of the FDRs be credited by electronic clearing system (ECS) in the savings bank account of the claimants near the place of their residence. (e) No loan, advance, withdrawal or pre-mature discharge be allowed on the fixed deposits without permission of the court. (f) The concerned bank shall not to issue any cheque book and/or debit card to claimants. However, in case the debit card and/or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount. The bank shall debit cards freeze the account of the claimants so that no debit card be issued in respect of the account of the claimants from any other branch of the bank. (g) The bank shall make an endorsement on the passbook 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 and claimants shall produce the passbook with the necessary endorsement before the court on the next date fixed for compliance. (h) It is clarified that the endorsement made by the bank along with the duly signed and stamped by the bank official on the passbooks of the claimants is sufficient compliance of clause (g) above. 44. Claims Tribunal shall deal with the compliance of the provisions in the award: (i) The Claims Tribunal shall incorporate the summary of computation of compensation in FORM-IVA in the award of death cases and summary of computation of compensation in FORM-IVB in the award of injury cases. (ii) In order to implement the new provisions for payment of compensation to the victim of the road accident within 90 days to 120 days of the accident, in true letter and spirit, the Claims Tribunal shall deal with the compliance of the new provisions in the award, especially as to whether there has been any delay or deficiency on the part of the Investigating Officer of the police and/or the designated officer of the insurance company. In the event of any delay or deficiency on the part of the Investigating Officer of the police, the Claims Tribunal may consider recommending adverse entry to be made in the service record of the concerned officer. In case of delay or deficiency on the part of the designated officer of the insurance company, the Claims Tribunal may consider recommending adverse entry to be made in the service record of the concerned officer or impose cost/penal interest to be recovered from the salary of the officer in default. The Claims Tribunal shall incorporate the compliance of the provisions of the MCTAP in the award in FORM-V. 45. Claims Tribunal shall fix a date for reporting compliance: (i) The Claims Tribunal shall fix a date for reporting compliance in the award itself. The Claims Tribunal shall also direct the insurance company and/or driver or owner to place on record the proof of deposit of the compensation amount with up-to-date interest, the notice of deposit and the calculation of interest on the date so fixed. Upon such proof being filed, the Claims Tribunal shall ensure that the interest up to the date of notice of deposit has been deposited by the party concerned. (ii) If the award amount is not deposited within the stipulated period, the Claims Tribunal shall attach the bank account of the insurance company after 90 days of the award in terms of principles laid down in New India Assurance Co. Ltd. vs. Kashmiri Lal, 2007 ACJ 688 (Delhi). (iii) If the award of the Claims Tribunal is stayed by the High Court in appeal, the Claims Tribunal shall close the matter with liberty to the claimants to revive it after the decision of the appeal. 46. Copy of the DAR as well as the award to be sent to the concerned Metropolitan Magistrate: (i) The Investigating Officer shall submit a copy of the DAR before the concerned Metropolitan Magistrate within one week of submitting the same before the Claims Tribunal. The Investigating Officer shall also submit the copy of the award passed by the Claims Tribunal before the concerned Metropolitan Magistrate within one week of the passing of the award. (ii) The Claims Tribunal shall also send a certified copy of the award passed by the Claims Tribunal to the concerned Metropolitan Magistrate. 47. The Investigating Officer shall also submit the copy of the award passed by the Claims Tribunal before the concerned Metropolitan Magistrate within one week of the passing of the award. (ii) The Claims Tribunal shall also send a certified copy of the award passed by the Claims Tribunal to the concerned Metropolitan Magistrate. 47. Copy of the award to be sent to the Delhi State Legal Services Authority: The Claims Tribunal shall send a certified copy of the award to the Delhi State Legal Services Authority. In the event of delay in passing of the award caused due to delay or deficiency on the part of the Investigating Officer or the designated officer of the insurance company, the Delhi State Legal Services Authority shall take up the matter with the police and/or insurance company, as the case may be. 48. Written submissions to be filed by the parties before the Claims Tribunals: The formats of the written submissions to be filed by the parties before the Claims Tribunals are attached to MCTAP as FORM-VIA or FORM-VIB, as the case may be. 49. Record of awards of the Claims Tribunal: The record of the awards passed by the Claims Tribunals shall be maintained in a chronological order according to the date of the award in such a manner that it is easy for the litigants/lawyers to ascertain whether the compensation has been received or not. The format of the record of the awards shall be in FORM-VII. The Claims Tribunals shall send the monthly compliance report to the Registrar General of this court in FORM-VIIA and FORM-VIIB.