Formulate Draft Guidelines For Facilitating Compensation Disbursement Process And Expedition Of Cases Before MACT: SC To Insurance Company

The Supreme Court on Wednesday directed the Bajaj Allianz General Insurance Company, the petitioner in the matter, to come up with draft guidelines for facilitating compensation disbursement process and expedition of cases before Motor Accidents Claims Tribunal (MACT).

The direction came by a bench comprising of Justices S.K. Kaul, Dinesh Maheshwari and Hrishikesh Roy.

Senior Advocate Meenakshi Arora appeared on behalf of the petitioner company along with Adv. Siddharth, AOR.

The petitioner sought slew of directions from the Apex Court in order to facilitate the process of disbursement of compensation as well as expediting the matter before the MACT.

In the previous hearing before the same bench dated 18.01.2021, the bench directed the petitioner to submit a note indicating the directions within 10 days.

During the course of proceedings today, Meenakshi Arora informed the bench that she had submitted the required note in the Court wherein she had incorporated various directions given by the Delhi High Court and other High Courts across India dealing with compensation disbursement process and expedition of cases pending before MACT.

However, Justice Kaul clarified Ms. Arora that the bench had asked the petitioner to prepare "draft directions" for the Court to look into the aspect of its implementation.

Ms. Arora, accepting her fault for not submitting the requisite draft directions, sought permission from the bench to grant some time to the petitioner to come up with the guidelines.

"You cannot put everything on court and say you do it. You should have framed the guidelines. You've not done the exercise." Justice Kaul remarked at the outset.

"We asked you vide Order dated 18th January for directions related to disbursement of compensation and expedition of MACT cases, which would have then modulated for a uniform application. We are trying to help you out. We will give you one more chance. Otherwise we will close this case." The bench observed.

The bench granted one last chance to the petitioner in order to come up with the draft guidelines. However, in doing so, the bench also ordered that if the petitioner fail to come up with the guidelines in the next date of hearing, it will mean that the insurance company is not interested in the passing of directions.

"We have seen the application and the notes submitted by the petitioner but in the course of proceedings, it has been impressed upon learned senior counsel for the petitioner that this is not what we had in mind when we passed the directions on 18.01.2021 and thus, if the insurance company is interested in the slew of directions, the same be set forth in the manner which we have indicated in the Court failing which we will presume that the insurance Company is not interested." The order said.

The matter will now be heard on 24th February 2021.

Click Here To Download Order

Order Dated 18.01.2021 Can Be Read Here