Tribunal's insistence on separate applications deemed unnecessary; judgment reinforces access to justice for accident victims.
In a significant judgment, the Kerala High Court has ruled against the procedural requirement imposed by the Motor Accidents Claims Tribunal, which mandated separate applications for exemption from Court Fee and Legal Benefit Fund (LBF) in accident claims. The court emphasized that such bifurcation is not supported by any statutory rule, provision, or practice. Justice Mohammed Nias C.P. underscored the necessity of a streamlined process to ensure swift access to justice for accident victims, in line with the objectives of the Motor Vehicles Act.
The petitioner, Joseph T.J., had sought compensation amounting to Rs.15,26,656 for injuries sustained in an accident on August 25, 2022. The tribunal initially refused to number the claim petition due to the lack of two separate applications for exemption, leading to the petitioner's challenge in the Kerala High Court.
The court clarified that the insistence on separate applications was a technicality without legal foundation. It highlighted Rule 397(2) of the Kerala Motor Vehicles Rules, 1989, which allows for exemption from the prescribed fee initially, with the possibility of realization from the award later. Additionally, the Legal Benefit Fund is categorized as an additional court fee under Section 4A of the Kerala Court Fees and Suits Valuation Act, 1959, and exemption for both can be sought through a single petition.
Justice Mohammed Nias C.P. drew attention to the interpretive obligations of courts in matters concerning social welfare legislation, emphasizing the need for a purposive and socially oriented construction that advances the enactment's objectives. The judgment cited prior rulings such as Francis Cletus v. Koppara Kunhimon and Shree Dhanwantri Chits India Private Limited v. Babu, reinforcing that procedural barriers should not impede substantive rights or the realization of welfare objectives.
The court directed the tribunal to proceed with numbering the claim petition and continue in accordance with the law, stressing that technical conditions not contemplated by statute undermine the Motor Vehicles Act's beneficial purpose. The judgment aims to promote access to justice, ensuring that accident victims are not disadvantaged by unwarranted procedural impediments.
The Kerala High Court's decision is a reminder to tribunals across the state to adopt a simplified and expedient approach in handling accident claims, aligning with the legislative intent to protect the rights of accident victims.
Bottom Line:
Motor Accidents Claims Tribunal cannot insist on filing two separate applications for exemption from Court Fee and Legal Benefit Fund (LBF) under the Kerala Motor Vehicles Rules, 1989, as there is no statutory requirement mandating such bifurcation.
Statutory provision(s): Kerala Motor Vehicles Rules, 1989 Rule 397(2), Kerala Court Fees and Suits Valuation Act, 1959 Section 4A
Joseph T.J. v. Alex Abraham, (Kerala) : Law Finder Doc Id # 2820556
