FAO - No.842-2003

 

IN THE TH E HIG HIGH H CO COURT URT OF DE DELHI LHI AT NEW DELHI

 

FAO 842/20 842/2003 03

RAJESH TY TYAGI AGI & ORS. ..... Appellant Appellants s  Through : Mr Mr.. A.K. Si Singh, ngh, Adv Adv..

versus

 JAIBIR SINGH & ORS. ..... R Respondents espondents  Through : Mr Mr.. Manoj R R.. Sinha, Adv Adv.. for R – 3. Ms. Mukta Gupta, Standing Counsel for Delhi Police. Mr. V.P .P.. Cho Choud udhar hary, y, Sr. Adv. and Mr. Anup Bhambhani, amicus curiae.

 CORAM:  HON'BLE MR. JUSTICE J.R. MIDHA

   

1.

ORDER 18.05.2009

Ms Ms.. Mu Mukt kta a Gu Gupt pta, a, S Sta tand ndin ing g Co Coun unse sell fo forr De Delh lhii P Pol olic ice e is pr pres esen entt an and d ha has s

handed over an affidavit by the DCP (Hqrs) of Delhi Police in terms of the order dated 8th May, 2009. 2.

It is st stat ated ed in the the sa saiid aff affid idav avit it th that at in pu purrsu suan anc ce to the the judgm udgmen entt

dated 9th July, 2007 passed by the Hon’ble Supreme Court, Standing Order dated 12th December, 2007 was issued Page 1 of 5

FAO No.842/2003

 

to all the concerned police officers directing them to comply with Section 158 (6) of the Motor Vehicles Act, 1988 and further the Joint Commissioners of police/Ranges were asked to periodically ensure the compliance of the directions of the Hon’ble Supr Supreme eme Court. Copy of the Standing Standing Order dated 12th December, 2007 has been filed filed as Annexur Annexure e RR-A. A. It is further stated in the affidavit that with respect to the victims of the road accident from July, 2007 to April, 2009, reports have been regularly sent to the Motor Accident Claim Tribunals. Tribunals. The details have been gi given ven in Ann Annexure exure R – B. Accor According ding to the Annexure R – B, 15,378 accidents have taken place during July, 2007 to April, 2009 out of which 3,647 accidents relate to death and 12,451 accidents relate to the bodily injury to the victims and the information in prescribed proforma has been sent to the Motor Accident Claim Tribunals. 3.

Vide o orrder d da ated 8th  May, 2009, the notice was also issued to the

Registrar (Appellate) to file the report as to the compliance of Section 166 (4) of the Moto Motorr Ve Vehicle hicles s Act by the Moto Motorr Accide Accident nt Claim T Tribu ribunals. nals. The learned Registrar Appellate has placed on record the reports received from the th e Mo Moto torr Ac Acci cide dent nt Clai Claim m Tribu ribuna nals ls.. Th Ther ere e ar are e 12 Moto Motorr Ac Acci cide dent nt FAO No.842/2003

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Claim Tribunals who have stated that no report has been received under Section 158 (6) of the Motor Vehicles Act, 1988 from the Delhi Police. 6.

In v vie iew w of tthe he ttot otal al c con ontr trad adic icti tion on b bet etwe ween en tthe he s sta tand nd ttak aken en b by y th the e Delh Delhii

Police and the reports sent by the Motor Accident Claim Tribunals, the Delhi

 

Police is directed to file the detailed report pertaining to each police station.  The learned Standing counsel for Delhi Police submits that there are 123 police stations and and the compilation of details would tak take e long time. In first instance, report of the following police stations be submitted for the month of January, 2009:P.S. Tilak Marg under New Delhi District; P.S. Preet Vihar under East Distri Dis trict; ct; P.S. Sha Shaha hadar dara a und under er Nor North th Eas Eastt Dis Distr trict ict;; P.S. Civil Civil Lin Lines es und under er North District; P.S. Shalimar Bagh under North West District; P.S. Darya Ganj under Central District; District; P.S. Ali Pur under Oute Outerr District; District; P.S. Lodhi Lodhi Road under South District; P.S. Mayapuri under South West District; P.S. Kalkaji under South East District and P.S. Punjabi Bagh under West District. 7.

Th The e deta detail ils s be ffil iled ed o on n an a aff ffid idav avit it b by y th the e SHO of tthe he con conce cerrne ned d po poli lice ce

stati sta tions ons al along ong wi with th cop copies ies of the Acc Accide ident nt Claim Claim Fo Form rms s con contai taini ning ng the endorsement of the

FAO No.842/2003 No.842/200 3

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acknowledgement by the Motor Ac Accident cident Claim T Tribunals. ribunals. These affidavits be produced before this Court on the next date of hearing. 8.

Th The e Regi Registr strar ar ((App Appell ellate ate)) is als also o di dire recte cted d to look look iinto nto the affida affidavit vit filed filed

by the Delhi Police and furnish the comments to the same on the next date of hearing. 9.

Th The e Reg Regis istr try y is di dirrec ecte ted d to fu furn rnis ish h th the e cop copie ies s of th the e repo report rts s rece receiv ived ed

from the Tribunals to Ms. Mukta Gupta, Standing counsel for Delhi Police.

 

10.. 10

Lea earrne ned d co coun unse sell fo forr res espo pond nden entt No No.3 .3 submi submits ts th that at he ha has s file filed d an

application under Order 41 Rule 27 of the Code of Civil Proc Procedure edure vide diary No.85025 dated 14th  May, May, 2009. However, the same is not on recor record. d. The Regis egistr try y is dir direc ecte ted d to pl plac ace e on rec ecor ord d th the e same same on the the next next da date te of hearing. 11.

The learned counsel for respondent No.3 submits that he has

forwarded the copy of the order dated 8th  May, 2009 to respondent No.3 who shall deposit the award amount within the time granted by this Court. However, the shares of the appellants be clarified so that the cheques can be prepared in their names.

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12.

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Appell Appellant ant N No. o.1 1 is th the e wid widow ow ag aged ed 43 y year ears, s, ap appel pellan lantt No No.2 .2 is the the so son n

aged age d 22 yea years rs and appe appella llant nt No. No.3 3 is the dau daught ghter er aged 18 years. years.

Th The e

shares of the appellants in the award amount shall be as under:Appellant No.1

:

Appellants No.2 and 3 13.. 13

70% :

15% each

Resp spon onde dent nt No.3 is di dirrec ectted to de depo posi sitt the awar award d am amou ount nt in the

names of the appellant appellants s in the afor aforesaid esaid rat ratio. io. The ord order er rela relating ting to the mode of disbursement of the award amount shall be passed on the next date of hearing. 14.. 14

Co Copy py of thi this s ord order er be giv given en ‘Da ‘Dast sti’ i’ to lea learn rned ed cou couns nsel el for th the e partie parties s

under signatures of Court Master.

 

15.. 15

Co Copy py of th this is or orde derr be giv given en ‘D ‘Das asti ti’’ to lea learrne ned d st stan andi ding ng co coun unse sell fo forr

Delhi Police as well as to the learned amicus curiae under signatures of Court Master. 16.

Renotify on 28th May, 2009 at 2:30 PM.

 J.R. MIDHA, J MAY 18, 2009 MAY mk

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