Motor Vehicles Act, 1988 – ss.166, 176 – Workmen’s Compensation Act, 1923 – Large amounts of unclaimed compensation lying with MACTs and Labour Courts – Email received from a retired District Judge – Suo motu action by Supreme Court – Directions issued:
Held: Rules u/s.176, 1988 Act not made by the State Governments – Till rules are not framed, High Courts to issue practice directions or formulate rules of procedure by incorporating the provisions, as directed, for claims under the 1988 Act and claims for compensation under the 1923 Act – Central Project Co-ordinator of e-court project or Registrar (Computer/IT) of the High Courts, with the help of the State Government, to create a dashboard on which the information regarding the amounts lying deposited in connection with the compensation granted under 1988 or 1923 Acts shall be regularly uploaded with all details – High Courts to issue administrative directions to the MACT and Commissioners under the 1923 Act to initiate a massive drive to ascertain the whereabouts of the persons who have been held to be entitled to receive compensation, but have not taken the same – This shall be done by taking the assistance of the District and Taluka Legal Services Authorities and para-legal volunteers – State Governments to provide assistance to the Legal Services Authorities of the local police officers/revenue officers of the district and taluka to trace the claimants who are held entitled to receive compensation – State Legal Services Authorities to monitor compliance with the directions issued in terms thereof and report compliance within four months – Directions issued bind the MAC Tribunals and the Commissioners under the 1923 Act till rule-making power is properly exercised by the Government – However, if the Rules framed by the State Government or practice directions issued are consistent with the above directions, the Rules or the practice directions, as the case may be, shall be followed notwithstanding this order – Directions by Supreme Court. [Paras 9-11]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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