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1998 Supreme(Del) 200
High Court Of Delhi
ALL INDIA LAWYERS UNION (DELHI UNIT) - Appellant
Versus
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI - Respondent
Civil 4076 of 1996
Decided On : 03/16/1998
ASHOK AGARWAL, AVINASH AHLAVAT, G.K.SHARMA, MOHD.NAYIMUDDIN, S.D.SHARMA, S.VASUDEVAN
Compliance with Section 158(6) of the Motor Vehicle Act and administrative actions to address issues concerning the working of the Motor Accident Claims Tribunals.
Headnote:
Motor Vehicle Act - Motor Accident Claims Tribunals - The court issued directions regarding the working of the Motor Accident Claims Tribunals, including the requirement for police stations to send information to MACT in prescribed proforma and the need for notification empowering an individual to adjudicate upon cases under MACT Act. The court emphasized the importance of compliance with Section 158(6) of the Motor Vehicle Act and administrative actions to address the issues.
Fact of the Case:
The court was presented with issues regarding the working of the Motor Accident Claims Tribunals, including the requirement for police stations to send information to MACT and the delay in issuing a notification empowering an individual to adjudicate upon cases under MACT Act.
Finding of the Court:
The court acknowledged the importance of the matters concerning the working of the MACTs and the impact on the public. It issued directions for compliance with Section 158(6) of the Motor Vehicle Act and administrative actions to address the issues. The court appreciated the petitioner for bringing these matters to its notice and disposed of the petition.
Issues: The issues involved the compliance with Section 158(6) of the Motor Vehicle Act, the requirement for police stations to send information to MACT, and the delay in issuing a notification empowering an individual to adjudicate upon cases under MACT Act.
Ratio Decidendi: The court emphasized the importance of compliance with Section 158(6) of the Motor Vehicle Act and directed administrative actions to address the issues concerning the working of the Motor Accident Claims Tribunals.
Final Decision: The court disposed of the petition, recognizing the significance of the matters concerning the working of the MACTs and issuing directions for compliance with the Motor Vehicle Act and administrative actions to address the issues.
( 1 ) IN respect of the working of the Motor Accident Claims Tribunals certain directions were issued by this Court in terms of the orders dated 17th October, 1997 and 15th December, 1997.
( 2 ) MR. Vasudeva, Dy. Commissioner of Police, Police Headquarter is present in court. He has brought to our notice a Circular dated 19th December, 1997 issued of District Dy. Commissioner of Police and to Dy. Commissioner of Police (Crime) and Indira Gandhi International Airport and Traffic, bringing to the notice of the said officers the requirement of each police station under their respective jurisdiction to send information to MACT in respect of the accidents in the prescribed proforma in compliance of report on implementation of Section 158 (6) of Motor Vehicle Act. From the said circular, it appears that the headquarter is monitoring the matters of sending all the FIRs by Police Stations on MACT. We hope that the police authorities would continue to perform,its functions in terms of Section 158 (6) of the Act. The MACT on the receipt of the said information shall proceed in the matter in accordance with law. In this regard if any rules are required, to be framed, the petitioner may first take up the matter administratively with the authorities.
( 3 ) IT appears that in respect of the disposal of the application under Section 140 of Motor Vehicle Act, the Motor Accident Claims Tribunals are sending to this Court quarterly reports which are circulated for perusal of the Hon ble Inspecting Judges and the concerned officers.
( 4 ) FROM the report of Registrar dated 11th February, 1998 it appears that in the matter regarding increase in the number of Motor Accident Claim Tribunals, the Registry of this Court has already initiated steps and the matter is under consideration on the administrative side.
( 5 ) FROM the averments made in CM-1163/98 filed by Delhi Motor Accidents Claims Lawyers Association it seems that the notification empowering Sh. Balbir Singh to adjudicate upon the cases under MACT Act has not been issued so far. This may be brought to the notice of Registrar of this Court who will look into the matter and ensure that the needful is done. In view of the directions already made and what we have stated above, we do not think that any useful purpose would be served in keeping the petition pending. While placing on record the appreciation for the petitioner for bringing to the notice of this Court in this public interest petition the matters concerning the working of the MACTs which has effect on large section of the public, we dispose of the petition.
