MACT on Constitution Day apologises to victim's family for 11-year-long delay in deciding case

The Motor Accident Claims Tribunal (MACT) at Kulgam, Jammu & Kashmir has tendered an apology to an accident victim's family for the 11-year-long delay on its part to dispose of a claim petition filed by the family seeking compensation (Naseema Begum and others V/s Mohammad Ramzan Dar and others)..The MACT, presided by Principal District and Sessions Judge of Kulgam Tahir Khurshid Raina also awarded ₹12 lakh compensation to the victim's family along with 8 per cent interest, and directed Bajaj Allianz Limited, the insurer to satisfy the award within a period of two months from the date of the order."Without making any attempt to justify the delay in disposal of this claim petition, this tribunal simply tenders apology to the victim’s family for the long agony it faced on account of delay in disposal of it’s petition by this tribunal," the order said.Interestingly, the Court noted that the case by sheer coincidence, is being decided on Constitution Day, a day to commemorate the adoption of the constitution of India which secures to its citizens speedy, social and economic justice..The claim petition was filed in February 2011 under Section 166 of the Motor Vehicle Act, by the family members of a deceased a labourer, who had lost his life in the year 2009 in a motor accident. The deceased was on his way to Yaripora on a Yamaha motorcycle owned by one Bashir Ahmad. The said owner was himself riding the bike and the deceased was riding pillion. The bike was proceeding cautiously but the offending vehicle driven by the respondent rashly and negligently, hit the motorcycle and damaged it completely. Both Bashir Ahmad Rather and the deceased were seriously injured, with the latter succumbing to his injuries. The deceased left behind a wife and five children..The Court observed that the appalling aspect of such cases is that when a breadwinner of a family dies in an accident, it crumbles down the family members emotionally and financially.."The real essence of the Act is to provide compensation to the victim family at the very earliest, otherwise the whole purpose of the legislation goes and loses its very significance. Every day which passes of the deceased family without a penny in pocket to meet the pressing needs is simply a failure of the Act and the very promise of the welfare country in its constitution to it's citizens to secure their social and economic justice," the MACT order said. .A simple case of death by negligence was made so complicated over the years that it could not be settled by this tribunal in due time, and the deceased's family had to suffer for 11 years, it added.The Court also observed that was still an attempt being made to keep the case waiting in the web of legal intricacies by the insurance company but the same cannot be allowed."Though there was still an attempt being made to keep this case waiting in the web of legal intricacies, but now this tribunal did not allow any attempt of respondent No.3, the Insurance Company, to succeed as an impediment in culminating this claim petition to its logical end," the Court said. .The Court after taking into consideration the facts and material placed before it, awarded ₹12 lakh compensation to the victim's family.