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Home » ICDT 2023 (3-4 November, 2023)

ICDT 2023 (3-4 November, 2023)

HMJ J R Midha’s Landmark Judgments

In Rajesh Tyagi v. Jaibir Singh, Justice Midha framed a Special Scheme on 16th December, 2009 for time bound settlement of Motor Accident Claims within 90 to 120 days which was implemented in Delhi w.e.f. rdApril, 2010. Between 2ndApril, 2010 to August, 2012, about 21,820 accident cases were reported in Delhi out of which the Claims Tribunal granted compensation within 90 to 120 days in 10,762 cases by following the Special Scheme. The Special Scheme revolutionized the Motor Accident Compensation Law in as much as the claimants received the compensation within 120 days of the accident. The Supreme Court approved the aforesaid Scheme and directed all States to implement this Scheme across the country.

On 8th January, 2021, the Justice Midha launched a new improved Scheme in Rajesh Tyagi’s case for expeditious investigation as well as adjudication of all Motor Accident Claims within a period of six months to one year. Justice Midha framed the new Scheme after considering the Best International Practices and conducting extensive research of the Mandatory Formats formulated in developed countries for motor accidents cases to ensure that the procedure for settling the claims of victims of road accident is made hassle free, just and expeditious. Justice Midha also framed a FASTDAR Scheme for payment of compensation within ten days in road accident death cases. The FASTDAR Scheme was launched on 1st May, 2021 and the first case of road accident on 1st May, 2021 was resolved within ten days and the compensation of Rs.32 lakhs was deposited by the Insurance Company on 12th May, 2021.

In Rajesh Tyagi’s case, Justice Midha recommended to the Government to amend the Motor Vehicles Act to incorporate the Special Scheme formulated by the Delhi High Court. Justice Midha also advised the Government to create a Road Accident Fund for providing compulsory insurance coverage to all road users. Justice Midha also recommended to the Central Government to incorporate the new Scheme in Central Motor Vehicle Rules. The Central Government has accepted the above recommendations and has amended the Motor Vehicles Act, by Motor Vehicles (Amendment), Act 2019 which came into force on 1St April, 2022. The Central Government has also incorporated the entire Scheme along with the formats annexed to the Judgment dated 8th January, 2021 in Central Motor Vehicles (Fifth Amendment) Rules, 2022 which came into force on 1St April, 2022.

In Karan v. State NCT of Delhi, 277 (2021) DLT 195 (FB), the Delhi High Court laid down the guidelines for payment of compensation to the Victims of Crime under Section 357 CrPC. As per the procedure laid down, the accused has to file the affidavit of assets and income within ten days of his conviction and Delhi State Legal Service Authority (DSLSA) shall conduct a Summary Inquiry to compute the loss suffered by the victims, and the paying capacity of the accused and submit a Victim Impact Report (VIR) to the Court whereupon the Court shall consider the VIR and award appropriate compensation to the Victims of Crime.

In H.S. Bedi v. NHAI, Justice Midha laid down the guidelines for prosecution of litigants who raise false claims. The greatest challenge before the judiciary is frivolous litigation. The judicial system in the country is choked with false claims and such litigants are consuming Courts’ time for a wrong cause. False claims are a huge strain on the judicial system.

In Amazon.com NV Investment holdings LLC v. Future Coupons Private Limited, 2021 SCC Online Del 1279, the Delhi High Court held that award of an emergency arbitrator is enforceable under the Arbitration and Conciliation Act, 1996. This view taken has been affirmed by the Hon’ble Supreme Court.

In Juhi Chawla v. Science & Engineering Research Board, (2021) 280 DLT 1, the Delhi High Court declined to grant of leave to institute the suit against 5G Technology under Section 91(1)(b) of the Code of Civil Procedure or to sue in representative interest under Order I Rule 8 of the Code of Civil Procedure and dismissed the defective suit with cost of Rs.20 Lakhs. The Division Bench of the High Court, vide Order dated 27th January, 2022, reduced the cost from Rs.20 Lakhs to Rs.2 Lakhs in view of the Plaintiffs offer to work with Delhi State Legal Services Authority (DSLSA) to advance the cause of deprived children and women.

In Dr. Maya D. Chablani v. Radha Mittal, 2021 SCC Online Del 3599, the Delhi High Court laid down the guidelines for feeding of stray dogs. While recognising the rights of the animals under Article 21 of the Constitution and other Statutes and considering that the animals have to be treated with compassion, respect and dignity, the Court directed the enforcement authorities to ensure that no harassment and hindrance is caused to the feeders of stray dogs. The Court further held that if any Government servant indulges in cruelty to animals, action can be taken under CCS Rules.