Srinagar, Nov 26: Motor Accidents Claim Tribunal (MACT) Kulgam Friday tendered an apology to a labroure’s family that had lost its bread earner in a road accident 13 years ago for the “justice delayed” by it.
“A young man who was labourer, lost his life way back in the year 2009 in a motor accident, left behind a widow and five children. They knocked the doors of this tribunal on February, 2011 for compensation to survive, but could not get it till now, whereas the ideal time span is that such cases should get settled in a maximum period of six months,” TahirKhurshidRaina, Presiding Officer, MACT, Kulgam said
Quoting William Ewart Gladstone that “Justice delayed is justice denied”, the Principal District and Sessions Judge Kulgam as presiding officer MACT said,” “Here I feel no hesitation to admit that the instant claim petition for compensation filed by a widow and five orphans, is a classic example to be cited in support of the said quote”.
The Court said a simple case of death by negligence was made so complicated over the years that case could not get settled by it well in time and deceased family had to suffer for such a long time of eleven years.
“Though I made it a point to decide it now finally, but how the family could have survived in long 11 years, is quite painful to feel. I have no control over the time to reverse it, nor anyone in the world can claim so” the Judge said. Underscoring that time once passed cannot be recalled, the court said, “It is like flowing river whose water you cannot touch twice. Had it not been so, the wheel of the time would have been reversed for the victim’s family to have avoided the ordeal of 11 long years and may not have faced it on account of untimely death of the sole bread earner of the family is an accident”.
“Without making any attempt to justify the delay in disposal of this claim petition, this tribunal simply tenders apology to the victim’s family for the long agony it faced on account of delay in disposal of it’s petition by this tribunal,” the court said.
The Court pointed that though there was still an attempt being made to keep the case waiting in the web of legal intricacies, but now it did not allow any attempt of the Insurance Company, to succeed as an impediment in culminating the “claim petition” to its logical end, which by sheer coincidence is being decided on the auspicious occasion of the Constitutional Day, a day to commemorate the adoption of the constitution of India which secures to its citizens speedy, social and economic justice.
“When a bread earner of any family dies in an accident, it crumbles down the victim’s family emotionally and financially. In a state of despair and dejection a question that haunts it seriously, – how to survive?” Court said.
Deciding the plea the court said,: “Accordingly, an award for an amount of Rs12,93,040 minus interim award already paid, plus interest at eight percent from the date of institution of the claim petition till final realisation of the award is passed in favour of the claimants/petitioners. The award amount will be disbursed among the claimants as per their personal law of inheritance”.
The victim family was represented by advocates M YRather and Peer Abid.