9911796707
|
Home
Issues:
1. Application of pauper provisions to auto-accident claims under Order XXXIII, C.P.C. 2. State's duty to exempt compensation claims from court fee in auto-accident cases. 3. Access to justice as a fundamental aspect of social justice. 4. State's obligation under Art. 41 of the Constitution to provide public assistance in cases of disablement and undeserved want. 5. Need for no-fault liability in auto-accident cases and the role of Parliament in enacting relevant laws. 6. Delays in resolving accident claims and the need for prioritization and simplified procedures. Analysis: 1. The Supreme Court affirmed the decision of the High Court in extending the 'pauper' provisions to auto-accident claims under Order XXXIII, C.P.C. The Court emphasized the importance of not pricing the poor out of the justice market and highlighted the State of Haryana's failure to adhere to principles of equal justice for the indigent, as mandated by the Constitution. 2. The Court urged the State of Haryana to frame appropriate rules exempting compensation claims arising from automobile accidents from the levy of court fees. It criticized the State's litigious approach in cases involving vulnerable claimants, such as widows seeking compensation for the loss of a breadwinner in accidents involving State Transport buses. 3. Access to court was deemed an essential aspect of social justice, and the Court emphasized the State's obligation to ensure effective access to justice for all, especially the poor and marginalized. The judgment highlighted the need to expand the jurisprudence of Access to Justice as a fundamental human right and underscored the importance of examining court-fee levies in the context of human rights protected by the Constitution. 4. The Court pointed out the State's duty under Art. 41 of the Constitution to provide public assistance without litigation in cases of disablement and undeserved want. It criticized the State of Haryana for failing to fulfill this duty, particularly in cases of auto accidents where victims often fall below the poverty line. 5. The judgment advocated for the adoption of a no-fault liability principle in auto-accident cases, especially given the high casualties on highways and the prevalence of hit-and-run incidents. The Court recommended that Parliament consider enacting laws to address this issue and emphasized the need for on-the-spot settlement of claims to alleviate the suffering of victims, many of whom are impoverished. 6. The Court highlighted the need for expedited resolution of accident claims, especially in cases where tribunals face delays due to various reasons. It stressed the importance of prioritizing such cases, adopting simplified procedures without compromising natural justice, and exploring pre-trial settlements to expedite the process and provide timely relief to claimants.
|
