Excelsior Correspondent
SRINAGAR, Dec 3: In a landmark judgment that will make process of seeking compensation by the family of road accident victims speedy, a local court today directed the police to ensure that documents of vehicles be provided to them.
The Presiding Officer of Motor Accident Claims Tribunal (MACT) Mohammad Yousuf Wani in 40 page judgment while awarding compensation in a motor accident claim held that the family of motor accident victim be provided the documents of the vehicle which causes death or injury.
“This Tribunal in the larger interests of justice feels constrained to request Director General of Police that he may pass a circular requiring all the SHOs to ensure the issuance of copies of vehicle documents in case of Road Traffic accidents especially D/L, Insurance policy, R/P ,fitness and R/C to the family of the victims so that they can seek compensation under MV Act without any inconvenience”, court said in the judgment.
Court also asked all the Chief Judicial Magistrates of the Kashmir Division to verify whether the documents are being furnished to the family of the victims while releasing the offending vehicles.
“Uninsured vehicles are being plied on the roads and when unfortunately accidents are caused by such vehicles, the victims of RTAs or their dependents in case of death are subjected to great hardships as the awards against the private persons are got executed with great difficulties and delays”, court held.
“The uncontrolled flow of vehicular traffic is the main cause of Road Traffic Accidents. Unworthy conditions of roads especially of National Highways, lapses on the part of Traffic Police and Motor Vehicle Departments are the other reasons. Alarming increase in Road Transport flow has made the life of common man miserable so much so that if the situation goes unchecked people will prefer to move on foot than to think of Motor Vehicles”, court observed.
Court said the teenagers and other persons without valid and effective D/L’s are enjoying the driving on the roads without caring for the consequence. The Traffic Police and Motor vehicles Department shall rise to the occasion and shoulder their responsibilities so that unauthorized persons are kept away from driving which shall definitely minimize the Road Traffic Accidents”.
Court also observed time is ripe when the Centre and other state governments including our own state shall think of coming forward with some policy/rules for management and regulation of traffic movement including limit on the purchase of vehicles by a house hold. It is strange that huge numbers of vehicles is possessed by a single house hold.
“In our State the fashion of having motor transport has developed to the prejudice of the State as well as of the common man. The Government is at the same time feeling helpless in regulating menace of huge traffic flow. There is disproportionate Road-Transport ratio. The fundamental right of Trade and Commerce needs to be balanced against the most cherished and sacred fundamental right to life guaranteed by our constitution. The alarming increase in Road Traffic Accidents and incidence of Traffic Jams has the effect of taking away the privilege of ” Right of Life”, said the court.
Court was hearing an appeal seeking compensation on account of an accident to which the claimant succeeded in proving that she is entitled to an aggregate compensation amount of Rs.38,44,654 under different pecuniary and non pecuniary heads as a result of the accident causing her permanent disability.
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