Chennai: Advocates practicing in Motor Accidents Claims Tribunals (MACT) in the Madras High court campus have sought the help of the Bar Council of Tamil Nadu and Puducherry and other Bar Associations in redressing their grievance relating to the recent direction of the Supreme Court to set up Motor Accident Mediation Authorities (MAMAs) through legal aid cells, for claiming compensation in accident cases.
In a representation sent to the Bar Council of Tamil Nadu and Puducherry, Madras Bar Association, Madras High Court Advocates’ Association and Women Lawyers Association, the advocates noted that the verdict of the Supreme Court dated March 5, 2019, by a Division Bench comprising of Justices A.K. Sikri and S. Abdul Nazeer, envisaged a new procedure, for expediting the Motor Accident Claims Cases, through the Motor Accident Mediation Authority (MAMA), under the ageis of the National Legal Services Authority, till such time the Motor Vehicles Act 1988, is amended.
Advocate VS Suresh claimed that the order to set up Motor Accident Mediation Authorities has created confusion among advocates before Motor Accidents Claims Tribunals. He said while we are pleased with the noble intentions of the apex court in expediting the motor accidents cases, the cause for concern is the mandatory process of mediation. Only on failure of mediation, the motor accident victims approach the Motor Accidents Claims Tribunal.
When mediation is a voluntary process, compelling and relegating the parties to mediation is contrary to the spirit of mediation.
Moreover, the process of mediation completely eliminates the role of advocates for the petitioners and the insurance companies. It is also highly doubtful, whether fair and just compensation to the victims would be possible, in the absence of advocates for the petitioners in the mediation process, he said.
Suresh pointed out that greatest drawback of the scheme is the direction to deposit the compensation, payable to the victims on successful mediation or otherwise, to be invested in annuity schemes, keeping it out of reach of the accident victims.
The new mediation scheme has wide ramifications for the accident victims, past, present and future. The advocates will also be deprived of their right to practice in this jurisdiction, due to the unreasonable restrictions envisaged therein. The Law Association, Madras High Court campus, has also sent representations to the Bar Council and other association highlighting the issue.
