Court of the Principal District & Sessions Judge, North Goa, Near Panaji Residency, JR BRS Panaji- Goa 403 001 <* Ss fe No.DSC/PAN/HCB/CTAP/2018/ 66 og D z mM 5 Dated: 26" june,2018 - 8) 05 Asadha, Saka-1940 PANAJ-GOA To, The Registrar (Inspection-!), High Court, Appellate Side, \ Homey = 400 032. Sub: “Directions issued by Hon'ble Supreme Court of India in case of Jay Prakash V/s M/s National Insurance Co. & Ors., Petition(s) for Special Leave to Appeal (C) Nos.11801-11804/2005 regarding “Claims Tribunal Agreed Procedure” Ref: 1) Hon'ble High Court Email/letter No.Regr(Insp-l)/ 266/2016 dated 01/07/2016. 2) This Court's letter No.DSC/PAN/HCB/CTAP/2018/5788 dated 05/06/2018. Sir, With reference to the above, | am forwarding herewith a copy of the Minutes of the 16" “Claims Tribunal Agreed Procedure” meeting convened on 13" June, 2018 at 04.30 p.m. for discussion on the implementation of the directions issued by the Hon'ble Supreme Court of India in the case cited in the above subject, regarding “Claims Tribunal Agreed Procedure” i.e. Annexure 'R5' formulated by the Hon'ble High Court of Dethi in the Judgment dated 16/12/2009 passed in FAO No.842/2003 (Rajesh Tyagi & Ors. V/s jaibir Singh) The next meeting is scheduled on 14" August, 2018 at 04.30 p.m Yours faithfully, g, cl aelooliete (Irshad Agha) Principal District & Sessions Judge and President Officer, Motor Accident Claims Tribunal, 2\North Goa, Panaji Encl: As above1 MINUTES OF THE 16th “CLAIMS TRIBUNAL AGREED PROCEDURE” MEETING. In view of the letter No, Regr(Insp-I)/266/2016 dated 01/07/2016 of the Registrar (Inspection-I), Bombay High Court, Appellate Side, Mumbai, the 16" Meeting was convened on 13" June, 2018 at 04.30 pm. for further discussion on the directions issued by Hon'ble Supreme Court of India in the case of Jay Prakash V/s M/s National Insurance Co. & Ors., Petition(s) for Special Leave to Appeal (C) Nos.11801-11804/2005 regarding “Claims Tribunal Agreed Procedure”. The meeting was presided by Shri. Irshad Agha, Presiding Officer, Motor Accident Claims Tribunal, Panaji, along with Ms. Sherin Paul, Member, Motor Accident Claims Tribunal, Panaji-Goa, Mrs. Vijaya D. Pol, Member, Motor Accident Claims Tribunal, Mapusa-Goa, and Ms. Bella Naik, Member, Motor Accident Claims Tribunal, Ponda~Goa Besides the above members, the following representatives of The Collector, The Goa Police ( North) and The Insurance companies are present viz. Shri Gopal Parsekar JAddlitional Collector, North Goa, | Panaji DYSP, (S.P.) NORTH GOA 2. Shri Serafin = | ae 3. Prakash Azavedo | Dy. Director of Transport, Panaji ct SG eterna (eee cee 14 [Shri Siva Bala) New India Assurance Co. Ltd. | Shunmugam B.R. | ia Assurance Co. Ltd. ri, Rishika Ojha 6 Shri Santosh B.L. ICICI General Insurance Co. Ltd., | 7 | Shri Rajan Tripathi [IFFCO Tokio. General Insurance \ \Co.Ltd. It is informed that the copies of Minutes of the last meeting were supplied to all the members via e-mail The Presiding officer informed the members present that the registration of cases in the new DAR format has already been started. However, on scrutiny the following discrepancies were noticed. ) The details in the DAR Forms are not properly filled. 1) Mechanical inspection report as per the format given in Annexure is not given.2 III) The DAR forms are submitted without verification done by the SDPO. Iv) The DAR forms are submitted beyond 30 days of the accident without seeking Extension of time. v) Intimation of the Road accident By the investigating Officer to the Claims Tribunal and the Insurance company (Immediate Enquiry Form) is not submitted. It was also pointed out that the investigating officers complained that they are not given proper instructions by their superiors at the Police stations and hence they are unable fill in the details properly. The investigating officers have also informed that they are not provided with the Camera for clicking photographs at the accident spot/scene. Further, they have informed that the Hurt Certificates and the Mechanical Inspection report are not received in time. Smt. Vijaya Pol, Member, Motor Accident Claims Tribunal, Mapusa-Goa, informed that when one the Detailed Accident Report was taken up the Investigating Officer remained absent and that in another matter representative of Insurance company was absent. The representatives of the insurance companies present, submitted that the bills of expenses incurred on account of motor vehicular accident and the Salary certificate or proof of income is not produced to work out compensation. The representatives further informed that the date of hearing is not intimated to the insurance company by the Investigating Officers. The Presiding officer has requested the SDPO and Dy. Director of Transport to look into the matter. The SDPO is further informed that instructions have been issued to the Dean, Goa Medical College, Bambolim and the Director of Health Services, Panaji, to expedite issuance of Medical Hurt Certificates/Autopsy Reports etc. in motor vehicular accidents. Shri. Serafin Dias, $.D.P.O, Undertakes to issue necessary instructions immediately to avoid and further hardships. He further informed that two constables from each Police station, have been trained to fill in the required details in the DAR Form to avoid any discrepancies. He also informed that the issue of providing cameras at the Police stations is in progress and will be soughted out shortly.3 Shri Prakash Azavedo, Dy. Director of Transport, Panaji undertakes to issue necessary instructions to all the RTO offices to issue Mechanic Inspection Reports expeditiously. The SDPO has once again informed that the names of the Nodal officers by Insurance company are still not provided to the Police Department/S.P. North. Hence, attention was drawn of the representatives of the insurance companies in this respect and are once again called upon to submit the names of the nodal officers to the S.P. North Goa at the earliest. The same could be submitted by Email i.d. Spn-pol.goa@nic.in. under intimation to Motor Accident Claims Tribunal, North Goa at Panaji via Emai id: reg-ngdc.goa@nic.in. The members have decided to impress upon all the Insurance companies and the Superintendent of Police, North Goa, to henceforth attend the meetings regularly so that, proper steps are taken for effective implementation of “Claims Tribunal Agreed Procedure” It is decided to convene the next meeting on 14 August, 2018 at 04.30 p.m. The Meeting concluded at 6.00 p.m. Place: Panaji-Goa. Dated: 13/06/2018. ore bet Aghe BOA F (Irshad Agha) Principal District & Sessions Judge, North Goa, Panaji. HE. aT la Pol) Member, Member, Motor Accident Claims Tribunal, Motor Accident Claims Tribunal, Panaji-Goa. Panaji-Goa. Lest (Bela Naik) Member, Motor Accident Claims Tribunal, Ponda-Goa.