ANIL PRABHAKAR TADKALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Public Interest Litigation, the petitioner has raised several issues concerning the disposal of claim petitions under of the Motor Vehicles Act,1988 (for short "M.V.Act") by the Motor Accidents Tribunals in the State.

(2.) The petitioner is a practicing Advocate. It is his case that he is practicing as an Advocate since 31st January 1986. It is pointed out in the petition that the members of the Motor Accident Claims Tribunals in the State established under the M.V.Act (for short "the Tribunal" or the Tribunals") insist on personal appearance of the claimants at the time of filing of the claim petitions under Sections 140,163-A, and 166 of the M.V.Act. It is pointed out that the Tribunal at Pune insists upon the production of form Comp.AA to be furnished by the claimants/applicants before the notices are issued on the 2 pil128 claim petitions. The attention of the Court is invited to Rule 254 of the Maharashtra Motor Vehicles Rules. Attention is also invited to the provisions of sub-Rule 8 of Rule 254. Attention of the Court is also invited to various difficulties faced in procuring medical certificates certifying the percentage of disability. The petitioner has contended that the learned Members of the Motor Accident Claims Tribunal are not abiding by several provisions of the M.V.Act as well as the Maharashtra Motor Vehicles Rules,1989 (for short 'Maharashtra Rules'). Amended prayer clause (a) made in this petition reads thus:

(3.) Shri Ramesh Shinde the Deputy Secretary of Government of Maharashtra has filed a reply dated 27 th January 2005 on behalf of the State Government. It is contended that the presence of the claimant/applicant is not 3 pil128 mandatory at the time of filing of the claim petitions. There is another affidavit filed by the same Officer on 8th February 2005. It is contended that the directions have been issued by a letter dated 14 th August 1996 to the Director General of Police and also to the Police Commissioners as well as the District Police Superintendents in the State to ensure that form Comp.AA is provided.