In a bid to help accident victims or their families struggling to get compensation and reduce the pendency of such cases,the Bombay High Court (HC) has recently issued a notification directing all Motor Accident Claim Tribunals (MACT) in the district to introduce evening tribunals that will function from 6 pm-8 pm. The notification was signed by Dr Shailesh Kumar Sharma,principal secretary (home department),after consulting Governor K Sankaranarayanan and the Bombay HC.
While some lawyers say the tribunal will help the aggrieved parties to arrive at a compromise and settle their claim,others say that it is impractical for witnesses such as doctors or government officers to appear as witnesses in the evening.
As per the notification,the tribunal is to be headed by a person appointed by the district judge. This could be any serving judicial officer or a retired district judge who has completed 65 years of age. The evening tribunal will also have a staff of three: Shirastedar,one stenographer and one hawaldar. The first MACT evening court in the state was started in February in Mumbai.
D D Shinde,former district government pleader,who practises in the MACT in Pune said he would oppose the move to set up evening MACTs. Starting MACTs in the evening would mean that aggrieved widows,injured victims or their relatives,doctors and government officials as witnesses will have to come to the court in the evening. It is impossible for those from far off taluka places such as Junnar or Ambegaon to come to the court in the evening and return at night, he said.
Earlier,there were five exclusive courts for motor vehicle claims,which were later distributed among various sessions judges. Today,there are about 18 sessions judges in Pune who hear these claim cases. However,they are also entrusted with sessions cases,civil matters,under-trial prisoners’ cases and so on,which are of higher priority than motor vehicle claim cases, said G P Shinde,another lawyer practicing in the MACT.
There are over 7,000 cases pending in Pune district,which includes all talukas except Baramati,Daund and Indapur,for which there is a separate tribunal at Baramati. Instead of introducing evening MACTs,setting up one or two exclusive courts for these claims will be more effective, lawyers said.
However,Amol Kajale-Patil,secretary,Pune Bar Association,said,”Cases of cheque bounce,accident claims and so on are such that they can be settled rapidly with mediation. The judges need not spend much of their time on these cases,that can be settled by mutual compromise. A dedicated evening MACT would mean an exclusive platform for motor accident claims to be settled, he said. He added that it would also help those who cannot attend court dates in the day,but can make it after their office timings.