Over 7,500 pending cases at short-staffed Motor Accident Claims Tribunal

An official acknowledged the gravity of the matter but said that the recruitment process had been delayed because of the model code of conduct

MUMBAI: If Mumbaiites need any more reasons to drive safely, here’s one: out of 124 non-judicial posts at the city’s Motor Accident Claims Tribunal (MACT), 50 lie vacant.

Over 7,500 pending cases at short-staffed Motor Accident Claims Tribunal

According to the tribunal’s bar association, this has been the case for at least five years. As a result, there are over 7,500 pending cases, along with a lack of upgrades in infrastructure and overall administration. The MACT, located in Fort, adjudicates compensation claims concerning road accidents involving death or injury.

The bar association told Hindustan Times that the Maharashtra government, which regulates the MACT, hasn’t filled the vacancies despite repeated reminders. The tribunal has been operating at just 60% of its capacity since at least 2019, which is inconveniencing litigants, particularly those travelling from distant locations.

The staff shortage is also disrupting the work of the judges, who are often forced to write down evidence themselves since there aren’t enough stenographers. This consumes a lot of their time and energy. Ideally, a judge should have two stenographers. At MACT, two judges are often forced to share one, according to the bar association.

In 2022, the association filed a writ petition in the Bombay high court highlighting the issue. The state government, along with the MACT’s registrar and chairman, were marked as the respondents. Last year, the high court took cognisance of the matter and directed the state government to expedite filling the vacant posts. However, despite this, the situation hasn’t changed, according to the bar association.

An official from the state government, speaking on condition of anonymity, acknowledged the gravity of the matter but said that the recruitment process had been delayed because the model code of conduct is in force for the general elections.

That the MACT is regulated by the state government is itself unusual. The city’s other tribunals are governed by the high court, which enables proper internal rotation and transfer of staff. “But at MACT, the staff is under the state, so it’s like a permanent government job for them,” said advocate Navin Sheth, president of the bar association. “Due to this, we are always thrown from pillar to post, from one minister to another, whenever we bring the issue to the state’s notice,” added Tushar Shingte, the association’s joint secretary.

Compounding the issue of a lack of recruitment, retirement is also a regular phenomenon at MACT, said advocate Rajesh Pawar, the vice president of the bar association. “Every year, on average, three to four staff members retire. Pawar added that this unending staff shortage leads to a piling up of cases as they are registered late, which delays the entire process. This leads to a lot of trouble for the litigants and witnesses as they must be present for every date, regardless of whether their testimonies are recorded or not.

HT spoke to a few litigants who recounted how road accident victims, including those in wheelchairs or who were limping, were being asked to return on the next given court date because matters in the later part of the day would often get adjourned as the judge seemed to be tired of penning down the evidence.

“Even after the tribunal rules in your favour, the struggle doesn’t end there. People like us have to wait a lot to get the money because the post of the officer who issues cheques is lying vacant. Usually, three months are provided to deposit the compensation cheque, but this is lapsed due to a lack of staff. This means we must apply for another cheque, which includes paying some amount. This is a total waste of time and money,” said another litigant who did not wish to be named.

Advocate Savina Crasto, who appeared as the bar association’s council in the high court case, said it’s unfair on victims that their case is being delayed due to something that is not in their hands and also beyond their understanding.

“MACT is social legislation. People come here with the hope of timely justice as, often, they themselves are the victims who have perhaps lost a limb, or they are the aggrieved family members and relatives of the deceased. For them, timely justice is very important,” she said.

Nana B Sarpate, the joint secretary of the bar association, said things weren’t so bad earlier. “I was a stenographer till 2002. Earlier, there was no staff shortage as it is today. If I remained a stenographer here, I would’ve been forced to resign because of the workload and pressure these stenographers face.”

Another stenographer told HT that if a judge is absent on a particular day, they would ideally use the time to work on pending orders and judgements. But at MACT, if a judge in one court is absent, the stenographers are called to another court, increasing their workload and the case pendency.