Quick Summary: A motor accident case in Goa takes a new turn as the High Court overturns a decision by the Motor Accidents Claims Tribunal (MACT) that had removed an insurance company from the case. The court insists on a complete trial before deciding who is responsible.
On August 14, 2022, a motor accident occurred at the Sugar Factory in Dharbandora, Goa. The crash involved a Maruti Swift and a Tata Container. The drivers involved were Dattaraj Tukaram Gaude and Harish Kumar B.G.
Mohandas Vinayak Naik and Shaila Mohandas Naik filed a request for compensation on November 24, 2022, at the MACT in Margao. They were seeking compensation under the Motor Vehicles Act, 1988.
Bajaj Allianz, the insurance company for the Maruti Swift, wanted to be removed from the case. They argued that their policy only covered damage to the car itself, not damage to others. The MACT agreed and removed them on August 10, 2023. However, the Naiks disagreed, saying this decision was made too soon.
"The decision and the request it was based on were made too early," argued Advocate R.G. Ramani for the Naiks.
Justice Valmiki Menezes of the Bombay High Court at Goa looked into the case. He found that the MACT acted too quickly, without completing necessary steps like gathering evidence and discussing the issues.
The court emphasized the importance of following the Motor Vehicles Act and the Goa Motor Vehicles Rules. According to these rules, all parties must show their evidence before making such a decision.
"The Tribunal cannot decide the arguments made by different parties separately, without evidence being recorded," Justice Menezes noted.
The High Court canceled the MACT's decision and ordered a full trial. The people making the claim and all insurance companies involved, including ICICI Lombard and HDFC Ergo, must show their evidence.
With the High Court's ruling, the case will go back to the MACT for a full trial. All parties will have to present their evidence, and only then will the tribunal decide on who is responsible.
