Shimla: The Himachal Pradesh high court has expressed strong displeasure with a judicial officer handling a Motor Accident Claims Tribunal (MACT) case, observing that their ruling showed a total “failure to apply mind” and a “lack of basic knowledge” of the Motor Vehicles Act.
Emphasising that the district judiciary is the backbone of the justice system, the high court noted that such errors cannot be tolerated. The court directed the officer to undergo a refresher course and periodic training in MACT matters at the HP State Judicial Academy. It also ordered the registrar general to place a copy of the judgment in the officer’s service record and forward another to the academy director. The insurer subsequently challenged the order in the high court, arguing that its policy was an ‘act only’ policy that did not cover occupants of a private vehicle. Secondly, the active policy was strictly a third-party liability policy with no extra premium paid to cover passengers. Modifying the tribunal’s award, the high court exonerated the insurance company from liability.
Allowing an appeal filed by an insurance company, a single-judge bench of justice Sushil Kukreja, in an order dated October 29, pulled up the officer—who currently serves as a district and sessions judge—for passing a mechanical award. On August 16, 2023, the MACT awarded ₹ 13,93,100 with 6% annual interest, holding the vehicle owner and insurer jointly and severally liable. Upon review, the high court identified two critical lapses: The judicial officer based the award on an expired policy (valid from September 2015 to September 2016), ignoring the separate policy active on the date of the crash.
