Sultanpuri case: ‘Probe, charge sheet may swing tribunal’s compensation award’

A Baleno car hit Anjali Kumari on January 1 when she was on her way home on her scooter. Kumari’s leg got stuck in the underside of the car, and she was dragged for nearly three hours on a stretch of over 14 kilometres.

The next of kin of Anjali Kumari, 20, who was dragged under a car for over 14 kilometres in Sultanpuri-Kanjhwala area early on January 1 may get a compensation of Rs25 lakh from the Motor Accident Claims Tribunal (MACT) even as experts have said that the amount and duration of the claim settlement depends on police investigation.

Family members of Anjali along with the locals seen during a protest outside the Sultanpuri police station on January 5. (HT Photo)

The Delhi Police will file the claim before the MACT in 10 days, and officers associated with the investigation said that they were making an airtight case against the accused in the case so that the victim’s family gets justice and all financial aid that they legally entitled to get.

A Baleno car hit Kumari on January 1 when she was on her way home on her scooter. Kumari’s leg got stuck in the underside of the car, and she was dragged for nearly three hours on a stretch of over 14 kilometres. According to the post-mortem report, Kumari suffered at least 40 grievous wounds. Her skull was fractured and some brain matter was missing, her ribs were exposed from the back, and she suffered deep-cut wounds on both arms and forehead, the autopsy report showed.

Rajesh Kumar, a Supreme Court lawyer, said, “The role of the police is very important in determining the claim amount in cases such as the Sultanpuri accident. The compensation claim from MACT is directly proportional to the efficacy of the charge sheet filed by the police. If the police will be able to prove charges under section 304 of Indian Penal Code against the accused, the victim’s family can get a compensation up to ₹25 lakh without any delay,” he said.

In a judgement December 30, 2022, the Supreme directed the state governments and the top officers of the state police forces to ensure that trained police personnel handle the case and comply with provisions of the Motor Vehicles Amendment Act and the rules therein.

The top court directed that under the Motor Vehicles Amendment Rules, 2022, the investigating officer should submit the First Accident Report within 48 hours to the Claims Tribunal. The Interim Accident Report and Detailed Accident Report also should be filed before the claims tribunal within the prescribed time limit, the court said

“The registering officer should verify the registration of the vehicle, driving licence, fitness of the vehicle, permit, and other ancillary issues and submit the report in coordination with the police officer before the claims tribunal,” said a bench of justices S Abdul Nazeer and JK Maheshwari.

Harendra Kumar Singh, deputy commissioner of police (outer), who is heading the investigation in the Sultanpuri case, said that on January 1, a case under sections 279 and 304A of the IPC was registered against the accused on the basis of circumstantial evidence and preliminary probe. “During the course of investigation, we came to know that the accused persons had dragged the victim under the car and also concealed the facts and misled the police in order to escape the criminal liability. They also helped in harbouring and protecting the accused. Subsequently, section 304, 182, 120B, 201 and 34 of the IPC were added to the case. Apart from investigating the case from all angles, Delhi Police is also ensuring that this case fulfils all the required criteria for speedy disposal by MACT,” he said.

According to Delhi Police data, of the 4,200 accident fatalities registered in the Capital between 2019 and 2022 only 625 Detailed Accident Reports have been filed.

A Delhi police spokesperson said that even in the non-fatal road accidents, the Delhi Police have now decided to resolve the case within 90 days of the incident. “The motor accident cases usually take up months to be investigated and insurance companies take longer to provide compensation. But, now a deadline of 90 days has been set to file the DAR, which will help the victim’s family in getting the compensation,” said the spokesperson.

The spokesperson added that the investigating officer will have to submit the interim report before the tribunal within 50 days. “The IO will have to complete the criminal investigation and file the report before the court within 60 days, and will have to complete the verification of the information and documents and submit the a detailed accident report (DAR) to the tribunal within 90 days,” the officer said.