Expressing “embarrassment” over Motor Accident Claims Tribunal (MACT) cases being pending before the high court, the Punjab and Haryana High Court said that if the panel lawyers of the insurance companies do not appear before it seeking an adjournment, the court will ask other available lawyers for the companies to assist the court.
“This court is concerned that these cases pertaining to motor vehicle accidents dating back to 2006-07 are facing inordinate delay. Speedy adjudication of these cases is essential. However, it has come to the notice of this court that there are frequent instances where the insurance company’s counsel fails to appear before the court despite clear orders of the court,” Justice Sudipti Sharma said.
So far, in certain cases, the court has made it clear that no stay will be granted in old cases, the judge added.
“In view of these exceptional circumstances, the Court has determined that it is necessary to inform all insurance companies appearing before it and their appointed counsel that in case their appointed counsel does not appear before it, the Court will request assistance from the insurance companies’ appointed counsel who ordinarily appears before it and assists in such cases. Thereafter, after examining the record, a judgment will be passed on the merits of the case,” the court said.
The court therefore instructed the insurance company to pay the current scheduled fees to the court-retained attorneys in each case.
This development came after the court found that no representative of the insurance company was present in an old 2007 insurance claim case.
In light of the above, the Court directed that a copy of this order be forwarded to the Registry to inform all insurers of the pending MACT proceedings.
Title: DALEL AND ANOTHER V/S KARTAR SINGH AND OTHERS
Mr. Devender Kumar, learned counsel for the appellant.
Click here to read/download the order form