The Investigating Officer of the Police shall intimate the factum of the accident to the Claims Tribunals within 48 hours of the accident. If the insurance particulars are available by that time, the Investigating Officer shall also send the intimate to the concerned insurance company by e-mail. The fact of the accident shall also be uploaded by Delhi Police on its website. The Investigating Officer shall give the intimation of the road accident to the Claims Tribunal in Form I.

The Investigating Officer of Police shall collect the relevant evidence relating to the accident as well as the computation of compensation. The Investigating Officer shall take photographs of the scene of the accident from all angles. In the case of death, the Investigating Officer shall collect the proof of age, occupation, income of the deceased and number of legal representatives of the deceased. In the case of injuries, the Investigating Officer shall collect proof of injuries suffered and expenses incurred by the injured. The Investigating Officer shall also collect the relevant documents including driving licence, registration certificate, fitness and permit of the offending vehicle, death certificate, post mortem report, birth certificate, salary slip, certificate of the employer, Income-tax returns, MLC, prescription slips, bills for medical expenses and shall also verify the genuineness of the said documents.

The Investigating Officer shall verify the authenticity of the documents mentioned above 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 necessary for arriving at a conclusion of authenticity of the documents in question, including but not limited to verifying the license of the driver and permit of the vehicle, where applicable, from the registering authority.

The Investigating Officer shall complete the investigation of the criminal case and file the chargesheet (report under Section 173 Cr.P.C) before the Metropolitan Magistrate within 30 days of the accident.

The Investigating Officer shall file a Detailed Accident Report (DAR) with the Claims Tribunal within 30 days of the accident. The Detailed Accident Report shall be accompanied by the report under Section 173 Cr.P.C., FIR, MLC, Post Mortem Report, photographs, site plan, mechanical inspection report, seizure memo, death certificate, proof of age, occupation and income of the deceased and age of the legal representatives of the deceased in the case of death, proof of injuries and expenses in the case of injuries along with affidavit about the verification of the said documents. Copy of the Detailed Accident Report shall simultaneously be furnished to the Insurance company as well as to the claimants. The Detailed Accident Report shall be in Form II.

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 victim has suffered grievous injuries and is undergoing treatment, the Investigating Officer shall approach the Claims Tribunal for extension of time whereupon the Claims Tribunal shall extend the time as it considers appropriate in the facts of each case.

The Investigating Officer shall produce the driver, owner, claimant and eye-witnesses before the Claims Tribunal along with the DAR. However, if the Police is unable to produce the owner, driver, clamant and eye-witnesses before the Claims Tribunal on the first date of hearing 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 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.

The Claims Tribunal shall examine whether the DAR is complete in all respects and shall pass an appropriate order in this regard. 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.

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. However, where the Police 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 Claims Tribunal finds that the DAR and in particular the report under Section 173, Cr.P.C., annexed to such DAR has brought a charge of rash and negligent driving, or the causing of hurt or grievous hurt the Claims Tribunal shall register the claim case under Section 166 of the Motor Vehicles Act, 1988. In cases where the DAR does not bring a charge of negligence or despite the charge of negligence the Claimant(s) before the Court chose to claim on a No-fault basis, the Claims Tribunal shall register a claim case under Section 163A of the Motor Vehicles Act, 1988.

Upon receipt of copy of the DAR, the Insurance Company shall appoint a Designated Officer within 10 days. The Designated Officer shall be responsible for dealing / processing of that case and to pass a reasoned decision in writing about the amount payable to the claimants in accordance with law.

The Insurance Company shall get the statements made in the DAR and the documents filed along with it verified through their surveyor or investigator within a period of 20 days of receipt of the copy of DAR from the Investigating Officer. 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.

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. The decision shall be taken by the Designated Officer of the Insurance Company in writing and it shall be a reasoned decision. The Designated Officer of the Insurance Company shall place the written reasoned decision before the Claims Tribunal within 30 days of the date of receipt of the copy of DAR from the Investigating Officer. The report of the Designated Officer of the Insurance Company shall be in Form – III.

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 shares of the claimants and the mode of disbursement.

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.

If the offer of the Insurance Company is not fair and 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 and shall pass an award within a period of 30 days thereafter.

In case of an uninsured offending vehicle, the Investigating Officer shall prosecute the owner and driver of the offending vehicle under Section 196 of the Motor Vehicles Act.

If the driving licence of the driver is found to be fake, the Investigating Officer shall prosecute the driver and/or other persons involved in forging and holding a fake driving licence.

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 motor vehicle involved in an 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 motor 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 Claims Tribunal having jurisdiction over the area in question, within fifteen days for purpose of satisfying the compensation that may have been awarded, or may be awarded in a claim case arising out of such accident

The duties of police enumerated above shall be construed as if they are included in the respective State police Acts and any breach thereof shall entail consequences envisaged in that law.