Srinagar, July 31 (JKNS): In a significant move aimed at safeguarding the rights of road accident victims, the Motor Accident Claims Tribunal (MACT), Srinagar, has taken suo motu cognizance of the alleged non-compliance with Supreme Court directions governing motor accident claim procedures and sought strict implementation of the statutory accident reporting mechanism.
According to an order passed by District & Sessions Judge Fayaz Ahmad Qureshi, as per news agency JKNS, who presides over the MACT Srinagar, the Tribunal took note of several claim petitions in which instances of duplicate filings, frequent changes of counsel and the alleged involvement of unauthorized agents and touts came to light.
The Tribunal observed that accident victims and their families were allegedly being exploited by middlemen who obtained powers of attorney and vakalatnamas through questionable means before routing claims through different legal practitioners, resulting in multiplicity of litigation and unnecessary delays.
The order noted that such practices consume valuable judicial time and defeat the objective of the Motor Vehicles Act, which is intended to ensure speedy and just compensation to accident victims and their dependents.
Referring to the Supreme Court judgment in Gohar Muhammad v. Uttar Pradesh State Road Transport Corporation & Others (2022), the Tribunal reiterated that police authorities are legally bound to submit the First Accident Report (FAR), Interim Accident Report (IAR), and Detailed Accident Report (DAR) within the prescribed timelines to facilitate expeditious disposal of compensation claims.
Expressing serious concern, the Tribunal observed that not a single FAR, IAR or DAR had been filed before MACT Srinagar during the last six months, indicating prima facie failure in implementing the directions of the Supreme Court as well as the provisions of the Motor Vehicles (Amendment) Act and Rules.
The Tribunal held that such non-compliance not only delays compensation proceedings but also creates opportunities for touts and unauthorized agents to exploit accident victims by making false promises.
Taking note of the issue, the Tribunal directed that extracts of the Supreme Court judgment be forwarded to the Chief Secretary and Director General of Police, J&K, for circulation among all concerned authorities to ensure strict compliance with the statutory mandate.
The Director General of Police has also been requested to identify and curb the activities of touts and unauthorized agents involved in motor accident claim cases.
The Tribunal further forwarded its directions to the J&K Legal Services Authority and the J&K Judicial Academy, seeking awareness and sensitization programmes for all stakeholders. The Legal Services Authority has also been requested to consider the permanent deployment of panel lawyers before MACTs to provide free legal aid to eligible accident victims and their families.
Copies of the order have also been sent to the Regional Transport Officer (RTO), Kashmir, and insurance companies operating within the Tribunal’s jurisdiction for necessary compliance. (JKNS)
