Monday, November 29, 1999

Kamal for special courts to settle accident claims

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New Delhi, May 18 (PTI) With cases relating to road accident insurance claims piling up in courts, the Road Transport and Highways Ministry wants to set up over 600 "empowered courts" to settle them on a fast track basis. The Ministry has sought the help of the Law Ministry in turning the idea into a reality. In a letter to Law Minister M Veerappa Moily, Transport Minister Kamal Nath has requested his cabinet colleague to work out the "details and modalities." Moily has favoured the suggestion and has assured all possible help, sources told PTI. Kamal Nath said the proposed empowered courts could settle accident insurance claims within 30 to 45 days to lessen the despair of victims'' families and the social trauma involved. He said since as per law, third party insurance was mandatory, it took years to settle the several claims pending in courts. He blamed lack of judges and limited court time as major reasons behind the slow process of finalisation of cases and indicated that the services of retired judges could be utilised in running the special courts. Kamal Nath pointed out that in 2008, one lakh people had died in 4.8 lakh road accidents. This, he said, translated into one accident per minute and one death every four-and-a-half minute. Taking note of thousands of families and victims of road accidents failing to get adequate and prompt compensation, the Supreme Court had earlier this year suggested the government create a special fund by imposing cess on sale of petrol or a one-time premium on sale of new motor vehicles. The apex court said while the government can create the special accident fund, a more realistic and alternative would be to amend the "third party" insurance claim clause by including all victims "other than the owner" as beneficiaries and increase the compensation amount to victims of "hit-and- run" cases. At present, only a third party victim is entitled to compensation under Motor Vehicles Act as the occupants or other passengers travelling in the vehicle, even if killed or injured, are deprived of the benefits. Similarly, in hit-and-run cases, the victims or their dependents do not get any compensation or are paid a token amount of Rs 5,000-10,000.

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