# control for their guidance and necessary action

- **Citation:** C.L No. 4/Admn
- **Court:** Allahabad High Court
- **Decided:** 1995-08-03
- **Case number:** C.L No. 4/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/control-for-their-guidance-and-necessary-action-163368
- **Pages:** 3

## Text

245
Therefore, I am to send herewith a copy of the order passed by the Hon'ble Court
in the above mentioned writ Petition with direction that the same be circulated among all
the Judges presiding over the Motor Accident claims Tribunals under your supervisory
control for their guidance and necessary action.
(ii)
Expeditious disposal of cases.
C.L No. 4/Admn. (A), dated January, 1990
It is a matter of common knowledge that a large number of cases for payment of
compensation under the Motor Vehicles Act are pending in each District. These cases
from their very nature require expeditious decision.
You can realise the agony of the parties by long delay in disposal of these cases.
It is only in the fitness of things that compensation to the injured should be provided
without undue delay. It is also in the interest of the Insurance Companies that such
disputes are settled quickly. These cases do not take long in disposal. The difficulty is
that in the absence of dates being fixed for hearing, they pile up and go on accumulating.
You may consider the desirability of distributing such cases amongst Additional
District Judges and at least ten cases per court should be got ready. Counsel for Insurance
Companies should also be requested for co-operation. It is true that private owners of
vehicles are also entitled to be heard, but the aforesaid suggestions are worth attempting
and will go a long way in quicker disposal of cases.
(iii)
Instructions of Hon'ble Mr. Justice B.L. Loomba, Executive Chairman, U.P.,
Legal Aid & Advice Board relating to achieve commandable results in
disposal of Motor Accident Compensation Claims (MAC. Claims) through
Lok Adalat in U.P. in his letter No. D.O. No. 152/PS/LAAB/ 177-A/91 dated
3.8.1995.
C.L. No. 35/VIId-108/Admn. 'G', dated September 5,1995

I am directed to send herewith a copy of D.O. No. 152/PS/LAAB/177-A/91 dated
3.8.95 of Hon'ble Mr. Justice B.L.Loomba, Executive Chairman, U.P. Legal Aid &
Advice Board on the above subject for compliance.
I am, further to request you kindly to bring the instructions contained in the
aforesaid letter to the notice of all concerned.
D.O. No. 152/PS/L.AAB/177-A/91 of Justice B.L. Loomba (Retd), Executive
Chairman, U.P. LEGAL AID & ADVICE BOARD, Jawaher Bhawan Lucknow, dated
August 3, 1995.
A copy of the statement received from the 'CILAS' which gives comparable
figures of disposal of Motor Accident Compensation Claims (MAC Claims) through Lok
Adalats in the various States of the country is enclosed. As would appear there from, such
disposal in this State is far below of what it is in the states like Andhra Pradesh, Gujarat,
Karnataka, Madhya Pradesh & Tamil Nadu. No doubt, total disposal of cases of all these
categories put together through Lok Adalats in this State is highest in the country,
nevertheless a lot more needs to be done in regard to MAC Claims and this is what is
occasionally pointed out to us by the 'CILAS' a1so.
246
A copy of the report received from the Karnataka Legal Aid Board about the
performance and achievement of a Lok Adalat organised in District Tharwad in the year
1993 is also enclosed. As would appear from this report, Tharwad is one of the forefront
Districts where Lok Adalat had endeared itself to the litigant public. In this district, at
one Lok Adalat and its preliminary sittings held between 25/9/93 and 24/12/93, 1564
MAC Claims were disposed of with a total compensation of Rs. 3,15,29,786/-. The
valedictory function of this Lok Adalat was graced by the presence of high dignitaries,
including Hon'ble Mr. Justice A.M.Ahmadi, the then Executive Chairman of the 'CILAS'
(Now Hon'ble Chief Justice of India).

Our State is comprised of 66 districts and during the year 1994-95 only 4049
MAC Claims (highest in any year) could be disposed of through Lok Adalats (copy of
statement enclosed). The performance at the said Lok Adalat in district Tharwad
(Karnataka) carries a valuable message of inspiration for us. I feel we can also do a
substantially high work in this area of litigation if efforts are made with enthusiasm,
commitment and in a concentrated way as was done in district Tharwad. But if, our
efforts are confined to only 15 districts of the State where pendency of MAC Claims is
very high, the disposal figures can easily go up by 100% more.
How we can go about this work is like this:
This work may be initiated in chosen 15 districts (as per the list enclosed) where
pendency of MAC Claims is very high. District Judges (who are also Chairman of the
District Legal Aid Committees) need to be especially motivated for this work. They may
have freedom to select two or at the most three Additional District Judges for this work
keeping in view their interest and commitment for this work and all the pending MAC
Claims may be transferred to their docket. The selected ADJs may be required to do this
work almost exclusively so that they may be able to concentrate on and effectively
monitor this work in a committed and organised fashion. Unlike the normal way of
taking up the matter on the date fixed they should do/ensure all the necessary spade
work, and do the monitoring until the cases are ready to be taken up for
settlement/disposal. As a first step, the records will require to be closely examined of all
the cases in which pleadings of the parties have been completed. The next step may be to
ensure that copies of the documents, which are inevitably necessary for settlement, being
FIR, Insurance Cover/Policy, and Driving Licence of the driver at the time of the
accident, registration and worthiness certificates of the vehicle become available on
record. For obvious reasons the claimants are not in a position to get at these documents.
The work of MAC Claims generally speaking, is in the hands of a limited number of
Advocates in a district and with requisite interest taken; these documents can be obtained
through the police, the owners of the vehicles and with the help of the Advocate who
represent the owners of the vehicles. In good number of cases, copies of these documents
are available in the criminal record, obtained at the time of release of the vehicle. Once
these documents come to be placed on record, the rest of the work becomes much easier
and with the co-operation of the Insurance Companies/Roadways Corporation, settlement
can be achieved at the Lok Adalats/its preliminary sittings without much difficulty.
Periodical meetings are held by us in this Board with the Officers of the
Insurance Company/Roadways Corporation and it can be ensured that meaningful cooperation is extended in this work by them at the Lok Adalats/its preliminary sittings.
247
The advantages underlying the settlements at the Lok Adalats are obvious, not
only for the victim families but also for the Insurance Companies/Roadways Corporation
and infact for the system. If 10,000 MAC Claims are settled through compromise, nearly
half, about 5,000 appeals are prevented from coming to the High Court.
A letter about this matter was written by me to the Hon'ble Chief Justice, a copy
thereof is enclosed for reference. I had the privilege of meeting the Hon'ble Chief Justice
when he was at Lucknow on July 24, 1995. Amongst other matters, I mentioned about
this proposal and he was pleased to agree that as an experiment this work can be taken up
in some districts.
It is requested that this matter may be placed before the Hon'ble Chief Justice and
he may very kindly give 'green signal' in this respect. The District Judges of the specified
districts may then be advised and directed to do the needful and co - ordinate with us.
Once the 'green signal' is given, we will take up the work in these districts and organise
Lok Adalats in the coming months of the current financial year. We should be able to
ensure requisite co-operation of the Insurance Companies/Roadways Corporation in this
work and I feel reasonably confident that we should be able to achieve commendable
results.
Guidelines for proper utilization of interest amount earned on the deposit made by
the parties in Motor Accident Claim Petition Account being maintained in the Bank
by the District Judges of different Judgeships
C.L. No. 22/Admin. (B-VI): Dated 10.08.2010

I am directed to inform you that while considering the above matter the Hon'ble
Court has been pleased to direct you to ensure that henceforth the interest accruing on the
amounts deposited by the Insurance Companies should also paid alongwith deposited
amount to the party concerned.

I am therefore, to request you kindly to take further necessary actions in this
regard in accordance with the above guidelines.
(iv)
Re: Amount of interest accrued upon the amount of compensation in Motor
Accident Claims Cases
C.L.No. 3/ VIIf-69/Admin.(G) dated 22nd January, 1997
I am directed to refer to court's Letter NO.9527/VIIf-69, dated 22.7.1994 on the
above subject and to inform you that the Hon'ble Court by his decision has instructed the
Motor Accidents Claims Tribunal to open separate accounts casewise in any nationalized
bank for disposed of advances in Motor Accidents Claims Cases.

It is, therefore, requested that the instructions of the court be communicated to
courts of Judgment dealing with the matter of Motor Accident Claims Cases for strict
compliance.
Guidelines in respect of Motor Accident Claims Cases
C.L. No. 48/2006 Dated 1st November, 2006
It has been noticed by the Hon'ble Court that the Judicial Officers exercising
power of Motor Accident Claims Tribunal are passing non-speaking orders without