 Because he would give us the guidelines as to how there could be an expeditions disposal of the claims and we are quite sacrosanct the methods which he gives, though his judgments speak volume where he has given the methods, I would not like to touch those judgments as to how the Supreme Court has also invariably accepted the directions issued on the expeditions disposal. But the method in which he is going to give the guidelines, another we can't say invariably we say that justice delayed is justice denied and justice hurried is justice barred. But once you have a right method to have the expeditions disposal and learning the nuances from a person who is well versed in that, it would be unfair on my part to keep you all holding. I call upon Mr. Justice, Honorable Mr. Justice J R Mehta to give the insight views and I have though I have also been doing such cases, I'm quite sacrosanct that I would be learning new nuances how to do disposal and especially before the tribunals over to you sir and we are all again once again quite thankful that you accepted our invite and give the people the insights how to go for the expeditions disposal. Good evening Vikas and good evening everybody all the viewers who are here and it is a very interesting topic today and a topic which is close to my heart which on which I've been asked to share my views. You see motor accident claims is the major litigation in our country because of the volume of motor accidents. You see in our country we have approximately six lakh accidents in one year out of which one and a half lakh deaths take place meaning thereby there is one accident every one minute and one death every three and a half minutes. Yesterday I was hearing a lecture in which the person had rated motor accident as more greater than even corona. You see in four months we had we had two lakh corona cases and in and in four months time we have two lakh accidents and number of accidents in our country is highest in the world. It is approximately 11% share in the highest number of fatalities with 11% share in the world. The question is when a person suffers a road accident which results in either injury or death he is entitled to compensation records with law. Now all over the world in all the developed countries whenever there is a road accident the police has got the entire computerized data by which they immediately come to know which vehicle from the vehicle number they can find out which insurance company and which policy number. So let's assume there is an accident in US or Canada. So immediately from the vehicle number the police will intimate the insurance company that look the vehicle number insured by you has met with an accident and this is the status present status of the person who has suffered injury or death. Immediately the insurance officer or the surveyor will come they will assess the laws and they will pay the money. So the amount one one case I'll share here a person went to Canada Indian there he met with an accident and he suffered injuries police informed the insurance company insurance officer came and he recorded the statement of the medical superintendent who said that approximately 5000 US dollars would be spent on the treatment. He prepared a check of 6000 and said please without prejudice you please set this amount if you still incur more than 5000 you can contact us. So matter was resolved within you can say less than an hour. In our country also other than motor accident claim that you see the other other losses you see for example there is a fire in a house or fire in a factory or there is a theft in a house or theft in a factory. So the person informs the insurance company insurance surveyor comes he assesses the loss and he pays the money few cases few percentage of cases where a person is not satisfied the matter goes to the courts but when it comes to the road accident now there is no system in our country for immediate payment of the compensation by the insurance company and the matter has to be so the law is that the person has required to require to file a claim before case before motor accident claims term and then only after the award the insurance company will pay the money which is very long drawn process. So in 2009 when I was on this jurisdiction so examined and in Delhi I found that approximately 8 to 10 years was the normal time period for a motor accident claim case to be decided so examined why there was so much delay and I found that initial 1 to 2 years are spent in service of the driver and owner all the insurance companies are immediately served but the driver and owner have to be served at times it takes a long time they are not interested to participate in the proceedings after the driver and owner are served then the matter is listed for evidence normally eyewitness is not traceable that takes a further long period so and then the case used to be tried by the MSCT like a civil trial although the motor vehicles act usually the word inquiry it doesn't rule the word trial and there's a difference between inquiry and trial in one judgment of Delhi High Court Mayura Arora we have discussed what is the difference between inquiry and trial in an inquiry the owners is on the judge to reach the truth which is a very higher on us and the process simplified which we have discussed we'll not go into that issue here you see then the legislature also noticed that most of the people who die in the road accident they are belong to the poor state of the society they're not aware of their rights so 1994 section 158 clause 6 was incorporated which said that whenever there's a road accident the SHO will file a accident information report in a prescribed format given in rule 150 of the motor vehicle central motor vehicle rules with the motor accident claims terminal within 30 days and one more section was added which is section 166 clause 4 which said that this accident information report AIR when filed will be treated by the claims terminal as a claim petition so what is the object object of this was that whenever there's a road accident the criminal law sets into motion with the registration of FIR so the law so the legislature thought that even the composition law should also automatically come into motion with the filing of AIR so with the filing of FIR criminal law sets into motion now when the SHO files AIR then the composition law sets into motion so no requirement to file even a claim petition so in 1994 these two provisions were added but they were not implemented so 94 a PIL was filed in not 24 97 a PIL was filed in Delhi High Court and justice the YK Sabarwal was the Chief Justice so notice was issued to Delhi police to Delhi police said we were not aware that such provision has come in this statue book we have not noted the provision we have issued instructions and forth the AIR will be filed strictly in every matter so that statement was recorded and the matter was closed 99 and 2002 more PILs were filed in Delhi High Court saying that despite the statement given by Delhi police before the in the PIL still these provisions are not being implemented so when these two petitions were filed notice was issued to Delhi police and Delhi police said that no no we are strictly filing AIR within 30 days with the claims terminal so not to go issued the claims terminal are you receiving so all the claims terminal submitted the report that they have not received they only receive the copy of FIR but under the law copy of FIR cannot be converted or treated as a claim petition there is a prescribed form of form of AIR so therefore criminal said we are not doing anything so that a copy of FIR is of no relevance so then the court gave a very strict warning to the police and said that henceforth you should file AIR not copy of FIR that is not the statutory requirement so these two cases are also closed with the warning to the Delhi police in 2006 general insurance council filed a third case before the Supreme Court saying that these provisions are not being implemented so notice was issued then the Supreme Court in 2006 said that henceforth the joint commissioner of police shall be responsible if AIR is not filed by the essential concern so these directions are issue on all India basis and third case was closed in rather fourth case was closed in the year 2006 in 2009 the Delhi High Court we should notice to the police saying that please file this status report with respect to the compliance of the Supreme Court direction of 2006 from 6 to 9 how many accidents took place and in how many cases the AIR was filed within 30 days with the claims terminal notice was also issued to the claims terminal there were 12 claim terminals at that time on Delhi asking them as to whether you are receiving the AIR from the Delhi police in response to the notice of the Delhi police while affidavit saying that about 15,000 accidents took place in three years and in all the 15,000 matters the AIR was filed within 30 days with the respective claims terminals all the 12 claim terminals submitted the report saying that they have not received a single AIR the matter was then verified and it was found that no AIR was filed only copy of FIR was being sent and a wrong statement was made before Delhi High Court so condemned notice proceedings were initiated on the basis of a wrong stand taken by the police now in the meantime the Delhi High Constituent Committee comprising of sectory laws sectory insurance police commissioner and the court directed them to take up the matter with all the insurance company there were four nationalized and 13 private companies at that time and come up with a solution in which the compensation can be paid within 90 to 120 days as is there in all developed countries so that committee did a very commendable work and that committee came up with a suggestion or solution they said police is already investigating the matter criminal case is already initiated FIR is there police is already doing investigation if the police be requested to collect some more parameters other than those required for a criminal case for example in a death case what was the age of the person who died how many family members are there and what was his income these three things and in the case of injury what is the nature of injury what is the expenditure on injury what is the disability suffered and what is the occupation what was the income so these five six things can be added so they said if the police also verify these things which is not difficult they're already doing criminal investigation so if they collect two datas more it will not put any strain on the system and then instead of extant information report they can file a detailed accident report within 30 days another suggestion was that when that detailed accident report is filed let the police produce the driver owner claimant and also I witnessed before the before the claims term so there's no issue of service so once this detailed accident report with we call Dar is filed before criminal the insurance company said that we will verify all the facts and within 30 days will give our offer how much money we are willing to pay so on 60th day they'll be offer if that amount is fair and reasonable the award can be passed on 60th day and money will come within 30 days thereafter meaning thereby on 90th day the money will come to the claimant if that amount is not fair or not acceptable to the claimants then the tribunal is not bound by that offer so tribunal all the parameters all the facts are before the tribunal service is complete so tribunal can pass a recent award according to law within 30 days so meaning thereby on 90th day we get the award and money will come within 30 days thereafter meaning thereby within 120 days the money comes so this report was accepted by the court by the high court but at that stage the Delhi police had got a predicament they said no we are not going to go beyond what is required by us to do under the CRPC we are a we are a statutory body under CRPC to investigate the null offenses we are not supposed to collect the evidence required for a civil matter because this is a civil matter so but since the content proceedings were pending so finally they they agreed to they agreed to do it for a period of six months on the suggestion of the court on a trial basis without prejudice for rights and contentions and this statement this order was passed in December 2000 I think 16th December 2009 in the meantime before the expiry of and then this commenced on 1st April 2010 in the meantime the Supreme Court in Jai Prakash case which was pending at that time the Supreme Court approved of this this scheme formulated by Delhi High Court and the Supreme Court said that henceforth the police will be duty bound to collect the evidence relating to compensation in that criminal matter all over the country so that became a law in 142 so even after the expiry of six months the procedure which was adopted that continued and discontinued so on 1st April 2010 this new procedure which was called as claims terminal agreed procedure came into force and in first one and a half years there were 21,000 and odd accidents out of which 11,000 climates got the money within 90 to 120 days then in 2016 the Supreme Court passed an order saying that henceforth this claims terminal agreed procedure should be implemented all over the country so in 2000s in the meantime the Delhi High Court kept on modifying its original scheme and formats were added you see initially we had only said the detail accident report there was no format in 2009 then in later on by the subsequent orders the Delhi High Court incorporated the format all the formats now the last order which is there is of 2018 the summer 2018 now in that format there is a format of the intimation to be given by the police so within 48 hours the police has to send a written intimation to the internal as well as to the police giving all the particulars of the accident so that the insurance company and then within 30 days the format of the detailed accident report has also been incorporated then after 30 days of the dark the report of the insurance company the format of that has also been prepared to streamline the things then thereafter when the matter is heard by the claims terminal then the format of the written submissions of the both the lawyers is also prepared then we have also prepared a format of the mandatory requirements of the award which can be incorporated in the award so that that can be the passing of the award also become simplified after discussing the facts which can be done separately in each matter straight away the entire calculation part the format of the award is also there then there's some compliance of the records how to be maintained that format is also been maintained then some compliance reports the each criminal has to send to the high court as to how many cases they've got the dark within 30 days how many cases they got insurance response in 30 days in how many cases they pass the award within 30 days that format is also there by the criminal to each high court so the last order which is modified order which we now call as modified claims terminal procedure is of December 2018 and in the meantime 2016 the Supreme Court directed this procedure to be applied all over the country in 2000s by a subsequent order the Supreme Court noticed that the Delhi High Court has modified its its original scheme and therefore Supreme Court said the modified procedure should be applied then in 2019 the Supreme Court took note of the last modified procedure of 2018 and said that this modified procedure should be applied all over the country and the Supreme Court noted that it is not being done all over the country and the Supreme Court said that the Nalsa should follow up and ensure the compliance of this procedure all over the country so with this now we we have we come to the position now so this has by virtue of article 142 so this procedure has has attained the enforceability of this procedure all over the country but unfortunately it is not being implemented all over the country so question arises how do we how to ensure today the problem here is how to ensure that this procedure is implemented strictly all over the country and what are the remedies available with the with the litigant with the lawyers with the tribunals to enforce its implementation you see now for successful implementation of this procedure the first role is of the police within 30 days the police has to file a detailed accident report and they have to produce driver owner clement and eyewitness before the claims term if the police do not do this rule do not do this role then the entire scheme fail false now nothing can be done for the so first step is required to be that the matter is to be taken up with the with the state police to ensure that it is implemented no question rises what to be what should we do if the police does not do it so litigant to my mind in litigant although to my mind if the high courts take up the matter and issue administrative directions to the police insurance and tribunals the matter can be taken up at all the all the states level they cannot be any would not be any difficult but question rises what will a litigant do or what can a lawyer do see a lawyer and a litigant can state away to my mind they can approach the msc t first that please direct the police to find the dark they also have a remedy to seek the information in the rti that how many accidents took place number two how many dars have been filed within 30 days number three if not filed please give the name of all the officers who are responsible order the Supreme Court judgment of GIC 2006 under the law each S.H.O. is responsible and under the 2006 judgment the joint commissioner is responsible so to my mind once this if somebody works it it can immediately result in result in in the filing of the dars now once we reach the cross the first barrier that dark comes within 30 days now the next is 30 days the insurance has to find the report in a prescribed format in the judgment now they are also again if the insurance do not do the rule matter can be taken up now let's assume the insurance also submit their response now there can also be cases that the tribunal said over the matter they don't pass the award within 30 days then the matter has to be taken up with the high court that look now the tribunals to kindly see the the nature of emissivity claim is totally different on then all other litigations let's take a simple case civil case of a oral loan a person says I give an oral loan of 10,000 defendants is no I'm not taking an oral loan oral evidence is recorded by both the sides and the court has to appreciate the emissivity case is even simpler than that why it is simpler in a death case death cannot be fake person has actually died death certificate is there post mortem report is there FIR is there complete so nobody can say that without dying somebody has said is making a claim that the person has died so death cannot be fake now second thing required is what was his age for age also normally some proof is always there with the family to give the proof of age so age cannot be faked then third thing to be found out is how many family members now how many family members are there that also cannot be faked always there is a matter of record his wife children parents how many family members are there then fourth requirement is how much he was earning if it is a solid person most of the time there's a proof and then most of the more than half of the cases belong to the lowest set of the society where there's no proof of income and then we have to resort to minimum wages so there also minimum wages are precise nothing can be fake so what are we once we know these four parameters then the law is almost you can say now well settled the judgment of an essay T and we have to just take do calculation mistakes not more than five minutes so ultimately what are we doing it is not a adjudication in a manner like we do in a normal civil or criminal case similarly in a gg case a person has suffered injury injured is present in front of him if he has suffered a imputation you can see with your own eyes that this imputation and then you can take the parameters of his age income occupation at permanent percentage of disability and calculate the amount what will not take more than ten minutes so therefore the nature of cases is and see the volume otherwise if we don't if we don't resort to this procedure then and we let it go like a normal civil case then we'll have six lakh cases in one year meaning thereby 30 lakh cases in five years 60 lakh cases in ten years and do we have a paraphernalia to decide to adjudicate such number of cases want to do it by like a normal civil and then another important aspect of this matter is that here if the money is not paid immediately you see the sole breadwinner dies family has nothing to survive they have nothing to eat education stops everything stops no if we give the money after ten years by that time the people have already suffered so one problem arises when there is an accident another problem arises when this legal system is said that we don't give him compensation at that time I'll share two cases two cases here in one of the cases a poor worker liberal diet so his family was staying somewhere in Bihar so what was passed by the criminal against which the matter came to appeal in high court high court said all right deposit the amount subject to deposit there was a state finally when I decided the appeal there was nobody from the from the claimant side so we should notice now notice was served they would not come so requested the the concerned DCP they have to please inform them that they we are calling them only to release the compensation so he sent a report saying that we have informed the claimant but this they say that we don't believe in the system we have gone there to delete so many times after taking loans from the neighbors which we have not been able to discharge till now so we are not prepared to come now and secondly we have suffered so much during this one decade is already passed now the compensation is finally we requested the insurance insurance officer to their branch office to go and pay the money to them then there was one more case where the two small children three and five years they are going with their parents from Delhi to Chandigarh they met with the accident in the both the parents died so those two mothers children were brought up by the maternal grandmother who sold her house sold the jewelry sold everything and somehow brought up the children so after many years when we decided the appeal would be called them by that time they had become major and they were settled one of them was married one of them had gone abroad so they said the money is of no value to us we didn't get the money when we required it we suffered because of that we had to sell our house even after that it did the compensation now what is the use of the compensation you are giving us today so therefore like in normal civil case let's use the property dispute where even if it is decided after after a long delay the property of the value of the property appreciates even if the next generation when they get the property the loss is not that enormous so delay is not that fatal in other matters but here the soul bread winner is dying there's nobody and I used to call all the claimants before releasing the compensation and I used to ask them that how much is the expenditure and how they are sustaining without the compensation and in most of the cases I found that even the person belonging to middle class and even a little higher middle class after the the the the relatives only support them for a for a limited time after that they be a time to work in houses to somehow feed the children so therefore there's a need this is a this is a very big social problem so therefore there's immediate need number one to ensure that there should be full awareness and strict and formal of the of all the traffic rules and and so that we reduce the number of accidents and second is once the accident has occurred then money should be immediately paid then there's one more problem one very grave area you see under the law a every vehicle on the road is required to be compulsorily insured and if a vehicle is not insured and is being run on the road then it is an offense which has got the fine as well as I think punishment of six months also but this provision is not being enforced at all with the result there are more than 39% vehicles on the road which are not insured now a vehicle which is not insured there's no insurance company so from where will the and and and in most of the cases the driver and owner do not have the capacity to pay so from where the from where will the claimant get the money so either so in so either the government should enforce this provision with so strictness that no vehicle which is not insured should come on the road or then in 2009 in one of the matters the suggestion given by Delhi High Court was that if the government is not in a position or government is not serious that they will enforce this now it results in a serious violation of the right of a citizen on the road see I'm crossing the road and the law is there that no uninsured vehicle is should be there and no steps are taken to ensure that uninsured vehicle should not come on the road who is responsible who will pay the compensation so then the Delhi High Court suggested that if the government is unable to do it then the government may consider adopting South African model you see in South Africa no vehicle is required to be insured all vehicles are on the road are deemed to be insured they they collect a cess on the petrol and diesel that cess is collected as a road accident fund so that cess is collected as a road accident fund any person who suffers an accident is made out of that so then the Jai Prakash judgment the Supreme Court retreated this suggestion and the Supreme Court said that in addition to this patrol and cess also it should be taken from one more source it should be taken from when a vehicle is registered so from every vehicle when a new registration takes place you collect a road accident fund that should also go to the road accident fund then in one of the more cases we in the same Rajesh Taghi matter in the subsequent order we noted that in in Canada they are collecting this road accident fund from three sources one petrol and diesel second from the station of the vehicle third from every license holder because he's the stakeholder he's causing accident and I think it is a very good suggestion you see every year when a person goes whenever a license is issued you collect a road accident fund when it comes for renewal collect a road accident fund then from these three sources then in South Africa they have a road accident commission so whenever there is the accident they will they will first find out they have got the technical members also that why the accident has occurred is there some problem in the road or it was a it was the negligence or what was the reason or it was a person was drunk or what are the reasons and if it is possible they try to cure those reasons also let's assume they find out that there's a particular at a particular road there's some defect in the road or a flyover which is causing accidents and every time it is happening there so they will immediately have it cured it is a very good thing which can be done on the latest amendment they have they have not fully legislature has not fully adopted but they have created a fund by connecting that provision has been added that will is being done in a in a separate manner but not the entire project which we thought but today if we see there is still no enforcement all of you must have seen how many times you see that when the vehicle is going they may check the driving license but they do they ever check ever check whether the vehicle is insured then in one of the cases the same rather one of the orders in the same case of the daily high court gave a suggestion that look all right if it is not possible to check the insurance of every vehicle then let there be a sticker issue so that that can be checked immediately without wasting so much time by stopping a vehicle on the vehicle you can put a sticker of the of the insurance valid insurance that also insurance did not set but then finally as a trial based in the in the recent order they agreed that all right this can be done in one of the areas of Delhi so we are trying to see the effectiveness of this then one more suggestion with the Delhi High Court gave which I think is very simple you see to check it driving license a person has to actually drive you can't go it is house go to his house and say that please show me your driving license he will say that no I'm not driving so if a person is driving without license he has to first drive it on the road then only you can check but an insured vehicle cannot be brought on road so meaning there why if the insurance if the government today starts a you can say starts a survey saying that from on the on the next coming Sunday from morning 7 o'clock we'll check the all the vehicles standing in the house in this sector and whichever vehicle is not insured we'll put a we'll put a seal on the on the steering because uninsured vehicle cannot be brought on the road so once this is done to my mind many people who even forget they may not be doing it deliberately the uninsurance let's assume they say that tomorrow morning we'll in one sector we'll check and they start checking everybody will open his open his book and see whether vehicle is insured or not and and it will become so much of awareness then within within I think one day all the people will get the get the things insured so this session also the court has given number of times but as on date there's no implementation so but so meaning thereby but there has to be will of the government 39% just imagine let's assume a person is a high professional is going on the road uninsured vehicle kills him and the co-drivers is that no money but what is the purpose of insurance purpose of insurance is that the driver may not have the means owner may not have the means then let the insurance company pay but as on date you see as we discussed in the beginning road accidents is a bigger problem than even Kiruna six lakh you see in I had also taken out a data how many people died with the different diseases or how many people died because of the you can say offenses no other data matches this this number one accident every minute one death every three and a half we are not concerned no awareness is there and one of us is going no and and the people who drive the vehicles on the road they have no in our country it is the least you can say another I'll share for one example in Delhi in Delhi there is a there's a commission ground in New Delhi to state now that there is on the road there's no there's no foot over bridge so one goes to the that commission I think it is low the commission ground if one has to if your vehicle is standing across the road and you have to cross the road you keep on standing there people will not stop the vehicle you stand it keep on giving the hands fast-moving traffic is there finally after waiting for a long time many times the people run and cross the road which is not safe and now let's in that person is hit by a by a you see I remember and I went to I think 20 20 20 years back I went to South Korea so I was I wanted to cross the road so when I reached the point the entire traffic on the road stood I was quite surprised that why by the traffic has stopped then the person who was accompanying me said they have stopped because you have come to the end of the road to cross the road so they are respecting your right to cross the road I was quite surprised in India doesn't happen like this so cost the road but here you stand on the road and you keep on waving your hand nobody will stop so when will we start you see like for example we are doing so much awareness about about corona and other things why can't we start a campaign there should be awareness of the of the road users vehicle users the vehicle cannot be permitted to be used as a as a as a weapon for death so there is need to awareness of the road users vehicle users we should reduce the number of accidents but if God forbid accident happened then we should have a we should have a rule of law by which the person gets the money within 90 to 120 years so this is the you can say judgment made law by which we have tried to you can say bring to a position where person gets money within 90 to 120 days but let's see how it works out and the onus is now on the lawyers who can take up the matter and ensure its implementation now under the new system no requirement to file a case everything is automatic no this is auto mode and you see the judgment off I think mr. Vikas must have shared the judgment citation everything so that must happen there and there's a number of orders which have been passed in this taggy and also the three Supreme Court judgments so why we won't share the judgments because otherwise the all the facts of the speaking goes we share it after the sessions invariably citation so that is if you see the judgment entire formats are there nothing is required to be done if in this system also people are not prepared to work and you see in the last format in the same judgment the last one format is there that what is the date of accident what is the data date of filing of Dar why there was delay in filing of Dar what is the date on which the copy of Dar was given to the insurance what is the date of report of the insurance why who is responsible for the delay in filing off a response by the insurance and then judgment also says that whenever there is a accident insurance has to appoint a designated officer by name who will respond remain responsible for calculating record law and later on if the tribunal finds that there is a delay on the part of IO to find the Dar within time then the tribunal will pass a order saying that this case got delayed because of the IO this order should be sent in his personal file to be considered at the time of his promotion if there's a delay on the part of the designated officer of the insurance company then tribunal will pass a order that look there's a delay or he calculated the amount wrongly laws very clear according to Panayasati the amount payable was 10 lakhs he has not applied he doesn't know the law put this in his file when it's being promoted if the IO has filed within time insurance has done within time or the tribunal said something better for two years then let it go in his personal file also to be seen when when he's to be considered but somebody has to do it know who will take up whether the police police insurance and tribunal do it or not and experience shows that it is not being done all over some of the states have I think Punjab and I have taken up the matter some quotes have taken up the matter there I could also pick up the matter there but here somebody has to take up the matter otherwise it will remain a law only on the on the on the paper so I think with this we have discussed now the today's topic expeditious disposal of motor accident planes a lot of questions have poured in on the chat box yes I will just read yes but the way it has been an insightful read the question yes I can also actually you also get unmuted we can read certain questions Bala Bhaskar what is the manner of compensation in a permanent disability case what is your take on that you see today we are restricting only to the special expeditious disposal of motor accident planes about permanent disability compensation part the law is well settled we have to say to the functional disability and then assess on each case today we are not dealing with that topic that is a separate right I will ask the participants to only post the questions with related to what are the methods and what are the they can also give sedation as to whether if they have today we are restricting only to that you see competition of compensation in death cases is almost you can say hundred percent certain there's no variation anybody may do it just do it in two minutes and in injury cases we have to see what is the functional disability what is the expenditure and all those things which will depend on each case effects of each case but that is separated here today we are not that noise almost you see how to compute the composition law is almost well settled there's no to my mind there's no difficulty today we are dealing with a problem of delay how to do it what is the use of giving the money after 10 days 10 years the person has suffered injury today he wants money is he's not able to survive on earth on this planet what should we do today we are restricting only discussion on this if you have any question this please put sir aditya pande asks according to you what would be the fate of claims arising out of the motor accidents happening during the period of lockdown when moving out was prohibited under the prohibited motor vehicle act being a beneficial legislation claim would be paid but will the claimant be also penalized for violation no that is the accident is out of negligence the compensation is payable in for compensation in motor accident law we have to see whether the accident occurred due to the negligence if it occurred due to the negligence compensation has to be paid if there's no negligence then no for liability money has to be paid to my mind the lockdown provision will not come in the way of compensation law should not come maria ryaad m a city scheme to be implemented as per directions issued down in mr krishna murthy case I couldn't get it by the expert sir vishal agarwal while expediting by way of dwar how to avoid fraud especially a false involvement of vehicles causing accident you see in Delhi also many cases came to the notice where false claims were were were made by the conclusion of IO and the claimants now the Delhi High Court has passed very serious order that this is happening only because the insurance is not investigating you see when the DAHR is filed rather when the first intimation within 48 hours is given insurance would immediately avoid investigator to go and verify and then when he received when he received insurance received the DAHR they are not merely to calculate the amount they have to find the investigator and survey to go there to the site so therefore the cases of false claims have come only because insurance companies have not discharged their duties but now after the subsequent orders now the insurance companies have made a protocol that in each case they are pointing the investigator to verify the claim so then how can the false claim be made if the insurance companies also verify the claim invariably actually the questions which they have posted are in the normal Amit they were the meeting so Amit says in fact even in Odisha judicial academy such directions were issued for expeditions disposal but was not implemented what are your suggestions to take the things forward I have suggested an advocate or a lawyer who is very keen to have it implemented should file a RTI asking the police how many accidents in last six months how many cases are filed if not filed please give the names of all SHOs who are responsible and all the joint commissioners are responsible then similar RTI to insurance then same RTI RTI to MSAT is also please tell us in your area how many accidents whether DAHR filed if not filed what action you have taken to ensure that DAHR should have been filed with you in implementation and then the matter can be taken up with the high court I did it on the other side Vishal I have unmuted you you can ask the question Sir my good good evening sir it's so nice to see you we've always been reading your judgments and it's always a pleasure I am working quite a lot on the MSAT side and mostly for the insurance companies so one of the questions is this in fact this issue was taken up by honorable justice Karnan on his own in an FA over here and this went on with the DGPs of Punjab and Haryana both were implanted lot of reports received ultimately the issue which was arising was now there are places like 250 kilometers away from Chandigarh now if some accident occurs there it is very difficult to discover whether the false and there's a false involvement of vehicle or not it may not be possible in remote areas for the insurance companies to quite a investigator immediately so the basic object the basic thing with the court strivers that we have a coordination with the police itself properly that immediately they upload the documents on the internet that the FIR is there the DDR is there the statement of the eyewitness is there to discover the frauds but somehow we could not have it because this issue of huge pendency plagues our high court also in this state as well so we were looking for it but somehow we could not get it resolved though we were always following your footsteps over so if your suggestions could come anything on that sir giving you a new suggestion file a RTI and then take up the matter straight away please tell me can't this can cannot there after straight away contemporary file if there's a Supreme Court judgment that 30 days and it is not being done that's right then the court in a different position no that's right that's right I'm requesting the authorities will not do it so file a RTI saying how many accidents whether dark file if not file please give the names of all those accidents name of S.H.O of your let's assume they are 100 accidents then give the name of S.H.O in 100 cases give the name of joint commissioner hundred cases that would be good sir I think we can try that's a definitely so what they are doing then put a RTI to terminal also what they are doing if the terminal is not able to do it and you see they can be cases also now the police does it in front of terminal doesn't do it so but somewhere the vigilance person has to take up the matter no that's true I totally agree to say so we always been I told you that we've always been appreciating you on this and Dar has been your something which you've really given a lot to Dar you see this you should have could you give the insights on Dar because large number of participants I will ask sir also large number of people because students are also there they would not know what is Dar you see in this Dar as I told you first order was passed this proceeding started in 2009 right now this also this entire you can say the procedure which we have built up is built up only because of the contempt proceedings finally understand you see the otherwise nobody can the police was right in saying so we will not implement how can the police be forced to go beyond CRPC but only on the basis that they they committed contempt they filed the effort of it saying that we have filed ARR in 15,000 meter where it was none then this all stood up so now kindly seen in Rajesh Tiagi order which we started in 2009 16th December 2009 is the first order when the claims terminal agreement procedure was formulated thereafter we kept the matter pending for for finding out as to how effective is the system so we call the terminals every three months to submit the report as to whether it is working well we ask the insurance company to come up with their report is it working well we call for the litigants and then whatever gaps we and shortcomings we found in the system we keep on modifying it so this Rajesh Tiagi order starting in 2006 almost 100 orders have been passed this agreed procedure which was formulated 2009 has been modified many times if you see the judgment citation and I think because we'll share with you so we will be sharing in the whatsapp group so if you if you go through the judgments and then subsequent orders then some more citation you can take from actually I will ask actually you can post it on the chat box so there are about 100 orders which have been passed so we have tried to fill up the gaps and all the shortcomings matter is still pending if anybody has got any suggestion that this system can further be improved we can we can look into it but question arises that somebody has to start the implementation and somebody has to take up the matter where the implementation is not being done and now in Delhi I have seen the insurance company has not taken very seriously now they don't rely only on the on the police so that collusion between the cartel between the police and some lawyers and litigants which was happening that is that is stopped to a large extent and wherever it has come to the notice we have reported the matter but that by itself is not sufficient to show that there was any shortcoming in this scheme you see this scheme has been prepared again we come back to the system the these are simplest of the simple cases and deciding the amnesty claim is even simpler than deciding a simple money oral loan suit also what we are trying to find out person has actually died his age his death cannot be faked age cannot be faked income cannot be faked family members cannot be faked everything is there on record we have just calculate injury we have injuries in front of us he's amputated we are saying is he's amputated his documents we examine will calculate you see take all insurance claims other than amnesty only only I think one or two percent come to the consumer courts the best they all are settled no intervention of court is required but then there's a road accident six legs in six leg cases how do we decide six leg cases how many judicial officer will be required and once we incorporated 158 class 6 and 166 class 4 and the motor vehicles act requires the criminal law to the composition law to set into motion automatically with filing of AIR can you see the judicial the scheme of the statue so that you required that FYR is filed then AIR is filed with the AIR automatically composition law sets into motion we have just developed that scheme which is the statutory scheme so instead of AIR we have set file dark we have prepared a format of dark everything is now formalized so there's a format of intimation by the SHO to the criminal and the insurance format of the retail accident report format of the report of insurance format of the written submission of lawyers format of the award format of the records format of the contents report my treatment to the high court so Vishal because she has given a situation he says the respected sir why not that the every insurance of a vehicle should be linked with a fast act and every insurance company should send intimation that the vehicle is not renewed to the SSP or registration of vehicle authority for action in this regard that is very difficult you see two ways are possible one if you computerize which they are actually doing it if registration of in the insurance is linked with the registration of every vehicle then the government by a printout can find out how many vehicles are unregistered are uninsured that is one we are going it that is the easiest way of doing it that should be done but if that doesn't work then the second is for a court checking as on date more checking is done and third is citizen can can come to the court saying that look there is a violation of his fundamental right no vehicle should be permitted to be put on the road it is the duty of the government to ensure no ensured vehicle is on the road so if I am suffering because of it but then government should be responsible but somebody has to take up that ritual just think of it how much serious violation it is there you are walking on the road and trying to cross the road and law requires all vehicles only insured vehicles to be a road and 39% uninsured are there is it not your fundamental right violated no vehicle can come on the road and you have a right of road walking and crossing safe on road and no one shown who will who will stop the uninsured vehicles on the road so we have unmuted Himanshu Kanda here two seditions Himanshu you can push your seditions Himanshu Kanda yes good evening sir respected honorable justice and team beyond CLC I want to put up a suggestion that the government should make a plastic card which will contain whole details of cars document and drivers detail which will reduce paperwork to and everything will be online and card is easy to carry rather than insurance paper pollution certificate and etc what's your take on this sir they're already doing it they already have some plan on it they are working on it you see they have made some suggestion they're trying to compromise everything you see government is trying to compromise and link all the particulars of the vehicle in a comprised data they're already working on it please find it out from the government that project ultimately get successful then that will problem can be solved but but that we are hearing for a long time but till now that has not shown the result still we have got 39% uninsured vehicles on road thank you very much let's assume this is very senior very senior doctor going on the road and hit by uninsured vehicle nobody has any money to pay what happens to the to the rights and let's assume the injury case very serious century who pays nobody pays so one doesn't realize the value of insurance is just like the accident where there is a death or any accident that family does meet and that's assume the party who has caused the accident and he also not insured I can surely say because we have also been practicing on the side and once you represent such person then in fact that family is more in the state of shock because they be amount of compensation to be paid by a person sometimes it's not even acceptable it looks once you are paying yearly I have also seen large number of people saying you're doing every year insurance but you're not claiming any claim what is the fun of doing the insurance but it is only when you bear that grant or you're close by who does the insurance and he has to pay or not to pay then he no realizes what is the value of insurance and that is why they say a stitch in time says nine the questions will continue to pour on when the intent was that we should have a motor accidental claims expeditious disposal I think that the participants would agree and the smile on Mr. Virg which is the person who has been regularly shows that they have actually expeditiously learned the entire process that how it can be done the insights the Delhi lawyers and the judicial side were quite aware but the insights which we have given in a short and a crisp panel that I don't think that there could be any crispy a way to do that the notes what we have the sir has shared we will share it on the WhatsApp group because in this group some people say that they could not download it but do stay connected on the WhatsApp group we have posted on the what's in the chat box the number and the video of this entire session would also be uploaded on the channel of YouTube that is beyond law CLC I will just unmute Akshay Akshay again tell as to whether he can upload all this Akshay we are unmuting you could you just tell it Akshay sir I'll be able to put it so before we say a vote of thanks you can upload that so it was a session as was the name and so was the manner in which the entire process has been explained to us I'm quite sure that the participants who have actually watched us on the this application as well as on the Facebook they would have got insights which invariably one does chat being a lawyer I will say chat in their group etc that this suggestion should be there and it is actually being learned today that what we were discussing is actually on the judicial side because certain aspects were not are not within the knowledge I will I on behalf of beyond law CLC and ULS Punjabi University Chandigarh thank thank all the participants who have participated with all that energy our sessions as around 75th since we have started during this lockdown but everyone we are quite happy that everyone does participate actively to have the insights which do not large number of people are saying kindly at this number that number show you should send the ping on the whatsapp that is 98725 03300 for joining on such sessions I have been holding such webinars but here is the occasion where people actually say that we want to be connected with these webinars it shows that the participants have actually liked the insights what you have given I will ask Sujoya Kantawala who is also being a regular participant in fact he was one of the speakers to say a formal vote of thanks on behalf of beyond law CLC. Sujoya we will take you 5 minutes more and one area which I have not covered see this this judgments have got one more area difficulty which we found that the entire compensation amount which was which was awarded to the Clement does not reach him so and at times the money if it even if it reaches him the entire money is then that poor person doesn't know how to handle that money you see now when we calculate the compensation for example a person is earning 10,000 rupees then we assume that he must be spending one fourth on himself and giving three four to his family of four to six persons and that money will go to him every month so that he's able to survive so meaning that if we give 10 lakh rupees to a person well that person should get 10,000 rupees every month so that they can sustain but many times we found that either the money initially part of the large chunk of the money is taken away or otherwise he spends or the way it is done the money is over in few in few months and he is again at the suffering point so after examining the Clements then this court found how to plug this and how to safeguard the interest of the poor Clement so then Delhi High Court formulated a scheme which has been reaffirmed by the Supreme Court starting from 2016 onwards and even in the last order it has been verified now what we have done for example 10 lakh rupees is awarded to a victim now we we first call the victim to open a savings bank account near the place of his residence meaning thereby if a if a poor Clement his person has died and his family is staying in widow is staying in Dharmanga so the widow has to open a savings bank account in a nationalized bank in Dharmanga then direct that bank that please don't issue any checkbook or debit card to the widow and make an endorsement on the passport so that nobody no middleman takes away posted it checks or it keeps the debit card and withdraws the entire money so the bank makes an endorsement on the passport that no checkbook or debit card has been given then we call the widow and ask her and see her condition as to how much the her husband was earning how much is the monthly expenditure what is their status in life whether they are staying in a rented accommodation or in a they have their own house and then accordingly after on an average for example if it is 10 lakh what we direct the bank attached to the terminal to transfer 1 lakh rupees to that savings bank account in Dharmanga and remaining nine left is kept in 100 FDRs of 9,000 each for the period one month to 100 months if the expenses are more we can make it 90 FDRs of 10,000 each or if expenditure further more we can divide into 12,000 per month and these FDRs original FDRs is not to be issued by the belly bank only a statement will be issued and the bank will automatically transfer every month that 10,000 rupees plus interest there on to the savings bank account of the widow at Dharmanga so meaning thereby the widow will get 1 lakh rupees today in her bank account in Dharmanga and every month she will get 9,000 or 10,000 12,000 per month with interest there on so meaning thereby if it is 100 months then in 100 months that 10,000 rupees or 9,000 will become 15,000 rupees so it will take care of the inflation if the person would have been alive then also the the salary would have increased in this manner only so now first of all no joint accounts are being opened number two bank account only near the place of residence number three no checkbook or debit card so nobody can take post-added checks or debit card no FDRs are physically issued number four the widow has never to come to the bank again of the tribunal and automatically she gets the money for in another there is a widow and two minor children also so let's go we have got 15 lakh rupees and two minor children one daughter one son so we'll say 1 lakh now 9 lakh will be in FDRs then 2 lakh rupees in the name of the the the minor son till he attained majority when he attained majority then interest portion will be released to him and 2 lakh will be kept in 20 FDR of 10,000 each per month so that for 20 months the son gets the money which he can put for his education and 3 lakh in the name of the daughter till she attained majority with cumulative interest so when FDR matures interest about is released to the daughter and 30 lakh is kept in 30 FDRs of 10,000 each or 60 FDRs of 5,000 each so if she gets 5,000 for 16 months meaning that by 5 years she can do her education after attending majority so this scheme of Delhi and then we called all the 21 banks and Indian Bank Association that you please issue a scheme in which all these features are inbuilt so that in every case we don't have to pass this order so on the direction of Delhi High Court all the 21 banks have issued a scheme which is part of the 2018 last order and now the don't have to put all these conditions otherwise we used to put all these 10 conditions now all these 10 conditions are inbuilt in that scheme so in that scheme everything is inbuilt so with this the pilgrimage has gone number two those poor people are not deprived cannot be deprived knowingly or unknowingly of their money and they can't spend that money on on anything and their survival is very important so that they live alive on this planet and they get the money as the disease would have given this portion I had left out it was a little separate area so I thought I will share this also before we close thank you thank you sir the whatever gray areas were there you have actually made it much clearer before I will ask Sujoy to this thing because I had been connecting through Akshay so I've just unmuted Akshay I would like to thank him and give his insights what has been his experience working under your ages Akshay Akshay Chaudhary Akshay is there Akshay you are on the board sir probably Akshay has not been able to I will ask Sujoy Kanta Wala he has sent a message that his mic is not working so once we are having a session on motor accidents so there are bound to be certain accidents while participation also as much as laughing like anything Sujoy a formal vote of thanks from Sujoy Kanta Wala he is practicing at Pateri Good evening Lordship I am a council practising in Bombay High Court and like the hundreds of participants on the on the web chat today I thank you from the bottom of my heart the smile your smile was constant throughout and the way you have explained to all of us we all have given up our Sunday afternoon nap only to hear you sir and it was so well worth it I was again thank you from the bottom of my heart sir the last examples that you gave and the justice delivery system example that respect and honor to a woman who has lost her husband to children who have lost their father and the actual justice which is seen to be done by opening of bank accounts the woman retains a respect and honor there is no exploitation that is really hard-warming and I think it is an example for other states and other high courts and other institutions to follow so that is a very very important and because I think this is this is a sterling example that his lordship has given where the banks were called by the honorable judges and thereafter a mechanism has been worked out that as to how and on what basis the amount will be invested there will be no perforation somewhere no whole somewhere and nobody will be able to pay for this amount which is to go for a particular use sir hats off to you and thanks a lot once again for having enlightened us thank you very much so before we could part actually said that his mic has been corrected it's it actually goes again with the session itself the expeditious disposal so we couldn't complete the disposal of the session until until long as we had the they say icing on the cake that is actually and time and again the participants are writing kindly add to add from the chat box those who sir will want to connect for the latest webinars connect on the mobile number which has been posted tomorrow 11 30 a.m. we have a session on Hindu succession act by Mr. N. Manohar from address high court he's a well-known academician come lawyer so I will request everyone to participate to have the insights of Hindu succession act actually before we part and so as they say it started from midas and ending from the research person from your officer thank you everyone actually from your side am I audible sir yeah good evening his lordship good evening mr. respected because of that sir and good evening all the respected members I've been working with the justice mega since past three and a half years and it has been my privilege and an honor to work under a person who is extremely humble extremely meticulous with his work and works beyond the calling of the job I would say this area motor vehicles act is not very fascinating for every one and most of the people who deal with this subject are either bound to deal with it or are forced to deal with it it's not a choice Mr. May but I would say as a judge justice mida has done a tremendous work and a path-breaking judgments have been given by him to change the system not to like I would say every judge who gets the opportunity to give judgment on a case and pass a single judgment affecting both the parties but if you will read the order sheets of Rajesh Jaggi you will see it is not a case where litigation was done it was a case actually posted on the chat box no sir no this judgment of yes yes there are citations of it in the notes I have uploaded the file in the chat box video please put on your video sir my camera seems to have some issue I have tried it two times I don't want to disconnected that's why so I was on the point of order sheets if you will see what was what has happened actually Rajesh Jaggi was not the fact that a judgment was being given but actually there was a battle between a system within the system to change it because everyone is not very circumvent to change like for example lawyers and the system when this Rajesh Jaggi system came into the picture not everyone was very welcoming about it for example a lot of work went to the police a lot of work of insurance people and advocates was getting reduced the system was getting cleared so it takes a lot of courage and I would say a lot of heart to do these kind of a job to do to pass some directions which will not even affect that case but will affect the future of these cases I would say that a case which take 10 years a normal emissivity compensation case now takes six months seven months the satisfaction which you get watching those poor people get their money their due is immense is beyond comparison to see those eyes when they when they they say they get their money on time it's a big deal it's a very big deal for them 5,000 10,000 rupees doesn't matter a lot for a lot of people but for them it's everything it's everything sometimes people come to the court that they don't have the money to return back and sometimes the council says accommodate me for two days or for one week then my law support my law really puts a question to the victims do you have anything to live in the city do you have the money to stay in the city and when he says I don't have it then the date is given for the next day not after one month or six weeks these things are unheard of which I have seen and I mean in our code for example you can say 7 to 8 minute it takes to decide a case it's not a big thing 7 to 8 minutes is is a very fast time to decide an MSA pretty appeal which is being sitting on doctors for past eight years and I am being very honored and I was very you would say lucky to have witnessed this in my lifetime to work with a judge who has been working beyond his calling beyond his what was required him to do I would say with all your respect I don't know whether I'm crossing a line or not right now and commenting upon his work but I would say he was not supposed to do this you could have decided that case one way or the other and given the judgment in the favor of the plaintiff or the defendant and have moved on to the next case but he decided to change the system not every judge does it and it takes a lot of time it takes a lot of I mean if you see Rajesh Jaggi this case has been going from past 11 years the kind of patience it requires to deal with this case if you will see a lot of a barrage of advocates came comes in Mr. Lutra to Mr. to lot of senior advocates came in this cases and not if you will see the insurance people were not very welcoming about these changes because because when you try to change the system everyone gets affected from the normal routine and everyone is not very comfortable about it so despite these problems Justice Middha continued his with his work and today we are standing after 11 years of work on a position where today an accident takes place in Delhi a person has the possibility at least to get the money within 120 years before him this possibility even didn't exist that is huge and the best part is today his model has been accepted all over India the praises are coming from every corner today this field which was so which is so dry and you will say it is not even taught properly in law schools if you ask a person who is a law student in 50 year how we will get compensation in in a death case or in an accident case you will not be able to tell you very clearly but today it's possible so I I will end up on this note only that extremely thankful to Mr. Vikas and Mr. Middha sir to give me this opportunity thank you sir before we part only two things like Akshay said the sensitization about how it has to be expeditiously decided probably large number of people have been sensitized the another issue is they said today during the lockdown sanitization is also important so sensitization and sanitization at least today in the two days that I will go time to again and then he says that one is the ordinary working of any lawyer maybe it's me it's very easy said than done but to become an extraordinary that extra is the entire hitch which makes you an extra mile as they say that when neither I'm strong stepped in one step it said that extra step change the man mankind so this direction issued in Rajesh Tiage or all the session I'm quite sacrosanct that it will go in large way and the expeditions disposal before we part I think Akshay Chaudhary what I could connect it from his WhatsApp profilies on the video so he was just waiting that everything should be connected before we say so they say that once you're living in the right aura everything goes in the right direction thank you Akshay thank you all the participants they say stay healthy all the participants and needless to say we are all thankful to Justice J.R. Middha to give us the