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Synopsis

The Division Bench of the Bombay High Court comprising of Justice G.S Patel and Justice Gauri Godse recently apologized to the Motor Accidents Claim Tribunal (MCAT), Pune for showing strong displeasure in their earlier order stating that the court was misled as to the actual circumstances.

The High Court was hearing an appeal against the order of MCAT, wherein the High Court had directed the MCAT to remit the amount of Rs.30 Lakh to the claimants (Gautam Nair – Son & Girish Nair – Father) which was deposited by the insurance company. The said order was passed on 13th February 2019.

When the matter came up for hearing on 22nd September 2022, the High Court asked the Registrar of MACT Pune to give an explanation for the non-compliance and directed the registrar to remit the amount of Rs.30 lakhs.

On 14th October 2022, when the matter was again taken up, the High Court was informed that the MACT had declined to make the remittance and had asked for the personal appearance of Gautam Nair, who had left for the USA. The High Court then sought an explanation from the Registrar of MACT Pune through Registrar Judicial-I and expressed strong displeasure against MACT Pune and its Registrar. The said displeasure was expressed based on what was communicated by the Advocate Ms. Munde on behalf of the claimants to the High Court.

The High Court in its order apologizing to MACT Pune raised doubt about the correctness of what was told to the High Court by the advocate. The High Court also noted that MACT Pune has never declined to remit the funds and it has not insisted on the personal presence of Gautam Nair. Further, the MCAT has not insisted on an undertaking of Girish Nair, and an application dated 10th October 2022 was filed by Girish Nair.

The High Court also took on record the email dated 15 October 2022 of Advocate Anil Patani who was representing the claimants in MCAT Pune which stated that an entirely erroneous submission was made to this Court on 14th October 2022 and that no application for withdrawal was ever made to the MACT Pune since 2019 until 10th October 2022. Mr. Patani then withdrew his vakalatnama in the pending case. The High Court also requested Mr. Patani to reconsider his decision to ensure the interests of the claimants at least in the Darkhast proceedings can be properly served henceforth.

The Court while taking note of the letter received from the MCAT Registrar and non-compliance by the claimant’s firm stated

“It notes specifically that for the first time the application that was made for withdrawal was of 10th October 2022. This means that from 13th February 2019 until we intervened, the Advocates for the claimants in the First Appeal had done absolutely nothing. This reflects very poorly on the law firm engaged by the claimants in the First Appeal. We are wholly unable to understand how this delay from February 2019 onwards could be said to be in service of the claimants. We do not even accept the excuse of the Covid because the impression sought to be given is that all Courts in Maharashtra had fully shut down for two and half years. Everybody knows that this is entirely untrue. Our courts were functioning, even if not at full strength. Registries were operational. Apart from the fact that Covid did not start till March 2020, even from March 2020 till 2022, online transfers and remittances were always being continued. Administrative work may have been delayed by a few days, but it was not halted.”

The High Court was later informed that amount of Rs. 30 Lakh was remitted to the bank account of Gautam Nair which was recorded in the order. The court while apologizing to MCAT Pune, expunged the remarks of the earlier order and noted that

“The remarks in paragraph 3 of our order of 14th October 2022 will be treated as expunged from the record. We express our regret and convey our apologies to the Assistant Registrar, MACT Pune. We were misled as to the actual circumstances. A copy of this order will, as a matter of courtesy, be conveyed by the Registrar Judicial - I to the Assistant Registrar, MACT Pune."

Case Title: Girish Gopal Nair & Ors vs Divisional Manager The New India Assurance Co