The Jammu and Kashmir Judicial Academy organised a one day sensitization programme on “Provisions of Chapter XI and XII of the Motor Vehicles Amendment Act and the Motor Vehicle Amendment Rules, 2022”, for the Presiding Officers of MACT, Officers of Insurance Companies and Police Department, in collaboration with J&K Legal Services Authority.
The programme was inaugurated by Justice Sindhu Sharma, Judge, High Court of J&K and Ladakh and Chairperson, Governing Committee for J&K Judicial Academy.
The programme was aimed at to enhance the knowledge and skills of the participating officers and provide them with a deeper understanding of provisions of the Motor Vehicles Amendment Act and the Motor Vehicle Amendment Rules, 2022.
R.K. Jain, Senior Advocate and Baldev Singh, Advocate, High Court of J&K and Ladakh were the resource persons. Delivering the inaugural address, Justice Sindhu Sharma traced the history as to how the Motor Vehicles Amendment Act and MV Amendment Rules have been brought into force to set up a new regime to deal with the claim cases.
She stated that the programme is subject specific in view of the judgment of Supreme Court in Civil Appeal No. 9322 of 2022, titled Gohar Mohammad v/s Uttar Pradesh State Road Transport Corporation.
She emphasised the necessity of insurance, duties specified to the Police Officer, Registering Authority, Insurance Companies and Claim Tribunals to determine just and fair compensation in a time bound manner.
She further stated that under the amended Act and Rules, the provisions for grant of compensation under no fault liability have been deleted and the special procedure has been carved out by introducing Section 149.Director, J&K Judicial Academy, M.K. Sharma, in his welcome address, underscored the importance of organising this program.
He said that based on the guidelines issued by the Supreme Court and Delhi High Court and on subsequent recommendations made by group of Transport Ministers of States along with other stakeholders, the Union Government with an objective to improve road safety, facilitate citizens in their dealings with transport departments, strengthen rural transport, public transport, last mile connectivity through automation, computerization and online services enacted “The Motor Vehicles (Amendment) Act, 2019, which came into force with effect from 01.04.2022.
Vide this amendment, Chapter XI dealing with insurance of motor vehicles against third party risks and Chapter XII dealing with Claims Tribunal were amended. He further said that in order to sensitize the stakeholders in the administration of justice with regard to MACT claims this one-day sensitization programme was organized.
Member Secretary, J&K Legal Services Authority, Amit Gupta, while proposing vote of thanks highlighted the importance of the subject and the need for organising the programme. The day-long sensitization programme was divided into two technical sessions and an interactive session for feedback.
The first technical session was chaired by R. K. Jain Senior Advocate, who analysed the provisions of Chapter XI and XII of the Motor Vehicles Amendment Act and the MV Amendment Rules, 2022 with special reference to Judgment dated 15.12.2022, passed by the Supreme Court in the Civil Appeal No. 9322 of 2022 in FAFO No. 3303 of 2018 titled Gohar Mohammad v/s Uttar Pradesh State Road Transport Corporation & Ors.
He underscored the role of Insurance Companies in assessment and computation of compensation including criteria and principles. The second technical session was chaired by Baldev Singh, Advocate, who explained the duties of Police Officers in preparation of excellent information report and submission of the same to the Claims Tribunal to facilitate the settlement of claims.
He made the participants aware about the latest pronouncements of the Supreme Court and High Court of J&K and Ladakh on the subject. The sensitization programme concluded with an interactive session during which the participants deliberated and discussed various aspects of the subject topic and raised queries which were satisfactorily settled by the resource persons.