Compensation award to mishap victims; HC issues guidelines

The Madras High Court today issued a set of guidelines to all Motor Accident Claims Tribunals, to be implemented from August 1, directing them to ensure that compensation amounts be credited directly to bank accounts of the claimants/victims.
"The bank account details of the claimant/victim(s) shall be stated in the award/order of the Claims Tribunal," a division bench, comprising Justices R Sudhakar and S Vaidyanathan, said.
The bench stated this while modifying an order of Motor Accidents Claims Tribunal, Subordinate Judge, Mahe, to lower the compensation amount awarded from Rs 64,86,620 to Rs 57,28,000.
It, however, confirmed the interest fixed by the Tribunal at 7.5 per cent per annum from the date of the petition till date of deposit passed.

Concurring with the judgment written by Justice S Vaidayanathan, Justice Sudhakar delivered the guidelines to be followed by all Tribunals.
He referred to difficulties faced by victims and families in case of death and said that at the time of commencement of trial and evidence on the side of claimants, Tribunals should obtain and ensure that bank account details of all claimants and prescribe the manner in which it has to be recorded.

The first page of the passbook should compulsorily have the photograph of claimant(s)/ victim(s), duly attested by the Bank concerned and be made available.
Another guideline was that Tribunals obtain and ensure marking of Pan Card of all claimants, wherever available.

If the claimant/victim do not have Pan Cards, the Tribunal shall try advising them on the importance of having one to avoid higher tax deduction at source for their own benefit before conclusion of trial. For this purpose, District Legal Services Authorities and Taluk Legal Services Authorities can facilitate and provide assistance.
The Tribunals should verify and confirm if the claimant/ victim has an Aadhaar card and if there is one, they should mark a self-attested copy of it, the bench said.
In case of minor claimants, Tribunals should verify the bank account details, obtain the same, mark them and specify the name of the guardian, the bench said.

After passing the award, the Tribunals should direct insurance firms, transport corporations or such other entities held liable to pay the compensation, to deposit the amount to accounts of the Claims Tribunal directly by NEFT or RTGS mode.
It directed the Registry to issue appropriate directions, enabling the respective Tribunals or district courts concerned to open separate accounts, bearing a suffix 'MACT', to identify it in relation to motor accident claims.
All guidelines have to be implemented from August 1 2016, the bench said.