Arijit Pasayat ( 1 ) THESE two writ petitions have been filed in public interest by an association of lawyers highlighting certain aspects relating to the desirability of enforcing certain provisions of the Motor Vehicles Act, 1988 (in short the Act) in the matter of information to be given to the Tribunal regarding accidents by the police officials, as statutorily mandated under the Act. It has also been prayed that directive should be given to enact rules specifying procedural aspects and modalities in this regard. ( 2 ) CERTAIN suggestions have been given to effectively combat traffic congestions, effective provision of medical aid to victims of accidents, action against erring drivers and early payment of compensation. It need not be impressed that Parliament from time to lime has introduced amendments in the old Act as well as in the new Act in order to protect the interest of the victims of the accidents and their heirs if the victims die. One such amendment has been introduced in the Act by (he aforesaid Amendment Act of 54 of 1994 by substituting sub-section (6) of section 158, which provides: "as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer in-charge of the police station shall forward a copy of the same within thirty days from the date of recording information or, as I the case may be, on completion of such report to the claims Tribunal having jurisdiction and a copy thereof to the concerned insurer, and where a copy is made available to the owner, he shall also within thirty days of receipt of such report, forward the same to such Claims Tribunal and insurer. "in view of sub-section (6) of section 158 of the Act the officer in-charge of the police station is enjoined to forward a copy of information/report regarding the accident to the Claims Tribunal having jurisdiction. A copy thereof has also to be forwarded to the concerned insurer. It also requires that where a copy is made available to the owner of the vehicle, he shall within thirty days of receipt of such copy forward the same to the Claims Tribunal and the insurer. ( 3 ) CERTAINLY the case presents some novel features. A copy thereof has also to be forwarded to the concerned insurer. It also requires that where a copy is made available to the owner of the vehicle, he shall within thirty days of receipt of such copy forward the same to the Claims Tribunal and the insurer. ( 3 ) CERTAINLY the case presents some novel features. The provisions of sub-section (6) of section 158 and sub-section (4) of section 166 are relevant for adjudication of one of the major problems highlighted. They read as follows: "section 158. Production of certain certificates, licence and permit in certain cases.- (6) As soon as any information regarding any accident involving death or bodily injury, to any person is recorded or a report under this section is completed by a police officer, the Officer-in-charge of the police station shall forward a copy of the same also to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer and where a copy is made available to the owner, he shall also within thirty days of receipt of such report forward to the same to such claims Tribunal and insurer. Section 166. Application for compensation; (4) Where a police officer has filed a copy of the report regarding an accident to a Claims Tribunal under this Act the claims Tribunal, may, if it thinks necessary so to do, treat the report as if it were an application for compensation under this Act. "section 158 of the Act corresponds to section 106 of the Motor Vehicles Act, 1939 (in short, the Old Act ). Sub-section (6) is a new section and it requires the Officer-in-charge. of a police station: (a) on which information of an accident involving death or bodily injury to a person is recorded; or (h) report under Section 158 is completed to send a copy of the same to the claims Tribunal having jurisdiction and a copy thereof to the concerned in- surer. The report is to be submitted in Form 54 as stipulated in Rule 150 of the Central Motor Vehicles Rules, 1989 (in short, the Rules ). It is. provided in the said rule that the police report referred to in sub-section (6) of Section 158 shall be in Form 54. Rule 150 and Form 54 read as follows: 150. The report is to be submitted in Form 54 as stipulated in Rule 150 of the Central Motor Vehicles Rules, 1989 (in short, the Rules ). It is. provided in the said rule that the police report referred to in sub-section (6) of Section 158 shall be in Form 54. Rule 150 and Form 54 read as follows: 150. Furnishing of copies of reports to Claims Tribunal (1) The police report referred to in sub-section (6) of Section 158 shall be in Form 54. (2) A registering authority or a police officer who is Required to furnish the required information to the person eligible to claim compensation under section 160, shall furnish the information on Form 54 within seven days from the date of receipt of the request and on payment of a fee of rupees ten. Form 54: "form 54 accident INFORMATION REPORT [rule 150 (a) and (2)| 1. Name of the police station. 2. CR No. Traffic accident report 3. Date 4. Name and full address of the injured/deceased 5. Name of the hospital to which he/she was removed. 6. Registration number of vehicle and the tyre of the vehicle. 7. Driving licence particulars. (a) name and address of the driver. (b) Driving licence number and date of expiry. (c) Address of the issuing authority. (d) Badge No. in case of public service vehicle. 8. Name and address of the owner of the vehicle at the time of accident. 9. Name and address of the insurance company with whom. The vehicle was insured and the particulars of the divisional Officer of the said insurance company. 10. Number of insurance policy/insurance certificate. And date of validity of the insurance policy/insurance certificate. 11. Registration particulars of the vehicle (class of vehicles) (a) Registration No. (b) Engine No. (c) Chassis No. 12. Route permit particulars 13. Action taken, if any and the result thereof. "the Claims Tribunal may treat the report as an application for compensation as provided in sub-section (4) of Section 166. Sub-section (4) of Section 166 is a new section and there was no corresponding provision in the old Act. It is clear on a conjoint reading of the relevant provisions that where the Officer-in-charge of the police station forwards the report to the Claims Tribunal, it may, if it thinks necessary to do so, register it as claim. Sub-section (4) of Section 166 is a new section and there was no corresponding provision in the old Act. It is clear on a conjoint reading of the relevant provisions that where the Officer-in-charge of the police station forwards the report to the Claims Tribunal, it may, if it thinks necessary to do so, register it as claim. A question arises whether there is any period of limitation during which the report is to be forwarded or it can be done at any time. It is accepted by learned counsel appearing for the parties that instructions have been issued to all the Officers-in-charge of different police stations to forward report to the concerned claims Tribunal. Sub-section (6) of Sec. 158 has been enacted with beneficial intents, so that where a police officer reports about the death or injury, the Claims Tribunal can act on it even if the legal representatives of a deceased person or an injured have not approached the Tribunal. Sub-section (4) of the Section 166 prescribes that when a report is submitted by a police officer regarding an accident to the Tribunal, it may,if its thinks necessary to do so, treat the report as if it is an application for compensation. Obviously, this is to be done in a case where no claim petition has been filed in respect of the accident earlier. If there is already an application filed by the claimant, there may not be any necessity for treating the report as an application for compensation. The use of the expression if it thinks necessary so to do in sub-section (4) of Section 166 is significant. If already a claim petition is lodged, the Tribunal need not treat the report as a claim petition because that would be unnecessary. In a given case, the Tribunal may treat the report as a claim petition notwithstanding filing of a claim petition by a claimant. Such a situation may arise if the Tribunal finds that in addition to the person who has field a claim petition, some other person has been indicated to be sufferer of theaccident in serial No. 4 of Form 54 which requires the name and full address of the injured/deceased to be given. The importance of the provisions contained in sub-section (6) of Section 158 was emphasized by the Apex Court in Dhannalal v. D. P. Vijayvargiya, 1996 AC! The importance of the provisions contained in sub-section (6) of Section 158 was emphasized by the Apex Court in Dhannalal v. D. P. Vijayvargiya, 1996 AC! 1013 9 (SC) in the following words: "it need not be impressed that Parliament from time to time has introduced amendments in the old Act as well as in the new Act in order to protect the interest of the victims of the accidents and their heirs of the victims die. One such amendment has been introduced in the Act by the aforesaid Amendment Act 54 of 1994 by substituting sub-sec. (6) of Sec. 158 which provides: as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this Section is completed by a police officer, the officer in-charge of the police station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such report to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer, and where a copy is made available to the owner, he shall also within thirty days of receipt of such report forward the same to such Claims Tribunal and insurer. "the language used in sub-section (6) of Section 158 mandates the police officer to forward a copy of the report to the Claims Tribunal having jurisdiction and to the concerned insurance company "as soon as any information regarding any accident involving death or bodily injury is recorded or a report under Section 158 is completed by the police officer. " Use of the expression as soon as* implies that there has to be promptitude in action. To do a thing as soon as possible means to do it within a reasonable time, with an understanding to do it within the shortest possible time. [per Dysant, J. in King s Old Country Ltd. v. Liquid Carbonic Can. Corpn. Ltd. (1942) 2 WWR 603} "as and when" and "as soon as" are almost synonymous. Whenever these expressions are used in respect of time and place, they denote contemporaneous notion. as soon as and forthwith both are to be normally understood as allowing reasonable time, but latter is more peremptory than the former. But urgency is the hallmark of both expressions. Whenever these expressions are used in respect of time and place, they denote contemporaneous notion. as soon as and forthwith both are to be normally understood as allowing reasonable time, but latter is more peremptory than the former. But urgency is the hallmark of both expressions. Expression as soon as may be stretched to mean as soon as practicable. The term has a relative meaning according to the thing which is to be done. It may denote a reasonable time; or may be equivalent to "whenever" or may mean "immediately", It means promptly and with due diligence; us soon as was reasonably possible; forthwith, as soon as it can be conveniently done. (See: George A. Fuller Co. v. Jersey City, 21 NJ. Misc. 38 ). It has to be noted that a duty is cast on the owner of the vehicle to forward a copy of the report to the insurer and the Claims Tribunal, where a copy of the report is made over to him. A copy is also required to be sent to the insurer by the officer-in-charge of the police station. All these reflect the anxiety of legislature to provide immediate relief to the victims of vehicular accidents. The plea that the report can be forwarded at any time is fallacious. It has to be forwarded with promptitude, within a reasonable time. ( 6 ) WE find that earlier directions have been given by this Court in the background of Secs. 158 and 166 of the Act. We have also perused affidavits filed by the police officials and the reports submitted by the Tribunals which are functioning in the National Capital Territory of Delhi. Learned counsel -appearing for the NCT has brought to our notice that notification has been issued containing draft rules which the Lt. Governor proposes to make in exercise of Section 178 read with clause (4) of Section 2 of the Act and in partial supersession of Motor Vehicle Rules, 1993 (in short Delhi Rules) which were published by Government Notification No. 2 (1)/93- Law dated 21. 6. 1993. ( 7 ) FROM the reports received from the Tribunals it is dear that in a large number of cases the information furnished is not in the prescribed format. Usually a copy of the FIR is furnished. Same does not meet the requirement of-law. FIR does not contain the required details in most cases. 6. 1993. ( 7 ) FROM the reports received from the Tribunals it is dear that in a large number of cases the information furnished is not in the prescribed format. Usually a copy of the FIR is furnished. Same does not meet the requirement of-law. FIR does not contain the required details in most cases. The concerned offices are to strictly comply with the requirements as stipulated in the statutory provisions. ( 8 ) IT is brought to our notice that when documents are seized after accident, normally copies of those documents are not retained. It would be proper and appropriate if Xerox copies of driving licence, policy of insurance and/or certificate of insurance are retained before the originals are given on Supardari. That would facilitate the claimant, insured as the case may be to get the particulars and furnish them in the claim petition. Similarly, insurer may get the details verified, and that would facilitate early disposal of claim petitions. We direct the Commissioner of Police to issue appropriate instructions in this regard to the concerned officers. ( 9 ) IN view of the aforesaid position, we dispose of the writ petitions recording our appreciation for the assistance rendered by learned counsel for the Association and learned counsel for Govt. of NCT and other appearing parties who have placed all relevant aspects before us. The concerned respondents shall take steps as directed above. Writ petitions are disposed of.