THE JHARKHAND STORY NETWORK
Daltonganj, October 10: A day-long district-level workshop on Motor Accident Claim Tribunal (MACT) was inaugurated by R K Mishra, district and Additional Sessions Judge 6 in the Civil Courts in Daltonganj. The workshop was held in the conference hall of Block C, primarily known as the DDC block.
He was accompanied by the SDPO Sadar Mani Bhushan Prasad and Palamu DLSA Secretary Rakesh Ranjan.
A host of police officers, advocates, para legal volunteers etc took part in the deliberations.
Had this workshop been participated in by a couple of families, either victims of road accidents or survivors of road accidents and given the opportunity to speak their harsh and bitter experiences in having compensation, then the workshop would have far more reaching impact, nevertheless, it was a useful and informative workshop on MCAT here on Friday.
R K Mishra interacting with the gathering in the workshop asked for applying for the compensation well in time, say within the stipulated period of 6 months from the date of the accident.
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In the event where application for compensation couldn’t be filed within 6 months of the date of the accident, then there is a provision of condoning this delay upto one year, but the delay so shown has to be corroborated by appropriate reasons or on suitable grounds.
Role of Police and Good Samaritans
The SDPO Sadar Mani Bhushan Prasad reminded the police officer to make the most of golden hour by rushing the accident victim or survivor to the nearest hospital or any civilian acting as Good Samaritan be recognised for his humanitarian gesture, the Palamu DLSA Secretary Rakesh Ranjan passionately asked the gathering specially the police officials to refrain from making such a Good Samaritan as any witness to the accident.
Ranjan feverishly asked the cops not to make Good Samaritan any witness, and here he was ably supported by the SDPO Sadar Mani Bhushan Prasad. If a Good Samaritan is made a witness, it will demotivate him in future and he will look the other way in an accident case.
Insights on MACT Procedures and Delays
District and Additional Sessions Judge 6 R K Mishra said, “We don’t have MAC tribunal here in Palamu. It’s in Ranchi and Hazaribag. However, here our Principal District and Sessions Judge refer cases of MACT to courts assigned for it, which act as a tribunal with police stations around attached to it for awarding the compensation.”
About the delay in getting compensation, Judge Mishra said, “There are many factors behind it. One of them is inept lawyers having little exposure to such cases, file it only to falter later. MACT calls for well-exposed and experienced handling, as any inept filing of it may create problems with the settlement in the compensation.”
SDPO Sadar Mani Bhushan Prasad explained in a very simple and easy way to understand what makes a hit and run case different from a road accident and asked the police officials to be well abreast of it.
DLSA Palamu Secretary Rakesh Ranjan explained what FAR is and what FIR is.
FAR is the First Accident Report. A copy of it must be sent to the insurance company as well as to the DLSA, in addition to its copy reaching the office of the Principal District and Sessions Judge.
SDPO Sadar Mani Bhushan Prasad reminded that FAR has to be submitted within 48 hours of the accident, and there must not be any laxity in it.
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Key Legal Points Discussed
R K Mishra made a subtle distinction between contributory negligence and composite negligence in a motor accident claim.
He further informed that the affected family gets interest @ 7.5 percent in the compensation amount and hence there is no loss of money in a strict sense if anyone inordinate delay occurs.
Investigation and charge sheet both are to be expeditiously, reminded Mishra. End
