IMPORTANT POINT
Disbursement of amount of Compensation - Application for compensation can be made by persons who have sustained injuries or by owners of damaged property and in case of fatal accidents, by all or any of legal representatives of deceased - Even an agent duly authorised by person injured or legal representatives of deceased can file claim petition.

ORDER :

(ABHAY S. OKA, J.)

1) An email was received by this Court from Shri B. B. Pathak, a retired District Judge from Gujarat. In the e-mail dated 25th May 2024, Shri Pathak pointed out that large amounts payable by way of compensation under the Motor Vehicles Act, 1988 (for short, 'the 1988 Act') and the Workmen's Compensation Act, 1923 (for short, 'the 1923 Act') are lying deposited with the Motor Accident Claims Tribunals (for short, 'the MAC Tribunals') and Labour Courts. Hon'ble the Chief Justice of India passed an administrative order on the basis of information received by e-mail from Shri B. B. Pathak for registration of the present Suo Motu Writ Petition.

2) On 8th July 2024, this Court issued notices to the State of Gujarat as well as the Registrar General of Gujarat High Court, directing them to produce before this Court the data of compensation amounts lying deposited with the MAC Tribunals as well as before the Commissioners under the 1923 Act. By the order dated 26th July 2024, this Court requested Ms. Meenakshi Arora, the learned senior counsel appearing for the High Court of Gujarat, to assist the Court as amicus curiae. On the basis of a preliminary note containing recommendations submitted by the learned senior counsel appointed as amicus curiae, notices were issued to the Registrar Generals of the High Courts at Allahabad, Bombay, Calcutta, Delhi and Madras along with copies of earlier orders passed by this Court. Thereafter, time was granted to the High Courts to file affidavits/responses.

3) Ms. Vishakha, advocate-on-record representing the High Court of Gujarat, has filed a compilation of responses received from various High Courts along with suggestions of the learned senior counsel appointed as amicus curiae. To understand the magnitude of the problem, in paragraph 5 on page 2 of the compilation submitted by Ms. Vishakha, the figures of unclaimed amounts have been set out. Paragraph 5 reads thus:

“At the very outset, the details pertaining to the unclaimed amounts as provided in the affidavits received are as under:

4) In the affidavits, the respective High Courts have given their own suggestions. Different High Courts have adopted different methods to deal with the issue. Some of the High Courts appointed committees to submit recommendations. The committee appointed by the High Court of Judicature at Bombay has given details of the procedure followed in such cases in different countries. The report of the High Court of Judicature at Bombay refers to paragraph 742 of the Civil Manual applicable to the Courts in Maharashtra, which incorporates the requirement of deposit of unclaimed amounts into the treasury of the State Government. We have also carefully perused the recommendations of the learned senior counsel appointed as amicus curiae. She has summarised the best practices followed by various High Courts and has incorporated the same in her recommendations.

5) The issue arising in this suo motu petition is of great concern. The amounts represent the compensation granted to claimants in the claims filed under the 1988 and 1923 Acts. Though the claimants are held entitled to these amounts, they have not withdrawn the same. The fact that so many successful claimants have been deprived of compensation is very disturbing. It is necessary to find a solution.

6) There is a provision under Section 166 of the 1988 Act for making an application for compensation to the MAC Tribunal established under the said enactment. Sub- Section (1) of Section 166 reads thus:

“166. Application for compensation.—