Bombay High Court expunges adverse remarks against Motor Accident Claims Tribunal, expresses regret

The Bombay High Court recently expunged certain strong remarks it had made against the Motor Accident Claims Tribunal (MACT/ tribunal) and also expressed its apology it to the tribunal after realising that the arguments made by the lawyers which led to the adverse observations, were incorrect [Girish Gopal Nair & Ors v. Divisional Manager, New India Assurance Co. Ltd.]. .A division bench of Justices GS Patel and Gauri Godse also expressed its "dismay and disappointment” at the manner in which the advocates for the original claimants conducted themselves in the appeal filed before the High Court. “The remarks in paragraph 3 of our order of 14th October 2022 will be treated as expunged from the record. We express our regret and convey our apologies to the Assistant Registrar, MACT Pune. We were misled as to the actual circumstances. A copy of this order will, as a matter of courtesy, be conveyed to the Assistant Registrar, MACT Pune”, the 5 page order reads..The High Court was hearing an appeal against an insurance company by one Girish Gopal Nair and his son Gautam Nair.The MACT had awarded compensation to the claimants in February 2019.It was informed on September 22, that a co-ordinate bench of the High Court had permitted Gautam to withdraw the amount deposited by the insurer in MACT for higher studies. Thereafter, the present bench was informed on October 14 by advocate Yashashree Munde from Parinam Law Associates, that the tribunal had failed to make the remittance and had asked the claimant to remain present physically and give an undertaking On the basis of this submission, the Bench strongly deprecated the MACT's conduct in its October 14 order..On October 19, however, the Bench was informed by the assistant registrar of the Tribunal, that the first application for withdrawing the amount from the MACT had in fact been made for the first time only on October 10. The registrar also informed that the amount as claimed, had already been transferred to the bank account of the claimants on October 15..The bench then observed that they now had every reason to doubt the correctness of what was told to them by advocate Munde. “The MACT Pune has never declined to remit the funds. It has not insisted on the personal presence of Gautam Nair, the 2nd claimant. It has not insisted on an undertaking by the 2nd claimant either. There is an application dated 10th October 2022 filed by the 1st claimant, Girish Nair, Gautam Nair’s father, that is accompanied by his own undertaking,” the Court stated.The Court also pulled up Parinam after noting that the law firm did nothing till the High Court intervened in 2022, though the MACT order was passed in 2019.“This reflects very poorly on the law firm engaged by the claimants in the First Appeal. We are wholly unable to understand how this delay from February 2019 onwards could be said to be in service of the claimants,” the Court said..Advocate Munde tried to justify her conduct since she was handling the matter from September 2022. The Court was, however, was not satisfied. .[Read order]