HC settles accident victims’ claims

Observing that these were unusual times and this was an unusual order, Justice N Anand Venkatesh said “The consents from the counsel for claimants meets the requirement of law, as permissible in the present difficult times.” The judge said it was the sheer force of circumstances that has compelled the court to come to the rescue of the accident victims.

“The peculiar scenario in which the viral pandemic has placed us in has necessitated and warranted the exercise of available jurisdiction of this court to aid the cause of justice,” he said.

Usually, the claimants and their advocates have to appear in person in court or before Lok Adalat for recording such compromises.

The claims tribunals were also in different areas, including Kancheepuram, Arakkonam, Tindivanam, Chidambaram, Villupuram, Panruti and even Puducherry.

But the judge applied a series of judgements from the High Court and Supreme court to withdraw the 23 motor accident claims from the tribunals to the High Court, and allowed recording of the compromise enabling the victims to receive their compensation at home.

It would appear that since they were ‘tribunals’, doubts were raised whether they could order such withdrawal to the High Court or transfer to any other tribunal within the State, Justice Anand Venkatesh said, and pointed out that the court could not be oblivious to the pandemic.

“The judiciary is in a virtual lockdown except for access through the virtual frame in its video conferencing avatar. That is not a satisfactory tool as experience shows. Apart from the technical glitches… it is not easily accessible and does not serve the cause of such circumstances as in the present case.

“Even if the present alternative is seen not to be too satisfactory, this court cannot choose to avoid it either,” said the judge, adding that it does not serve the cause of justice to wait for the pandemic to go.

“Nature’s ways are mysterious. Man is born to adjust to the changing ways. We have come a long way from the past. E-governance platform, though has improved, still may have a long way to go. We may therefore, have to make do with what we have,” the judge added.