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Record statement of doctors in accident claims cases: Bombay High Court

A division bench of justices Abhay Oka and RD Dhanuka asked the high court registry to issue a note to the tribunals in the state, informing them about the direction.

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The Bombay High Court has directed the Motor Accident Claims Tribunal (MACT) to ensure the use of video conferencing or video chat applications like Skype to record evidence of doctors who are made to depose in accident claim cases to prove the disability certificate issued by them.

A division bench of justices Abhay Oka and RD Dhanuka asked the high court registry to issue a note to the tribunals in the state, informing them about the direction. This is in view to save the precious time of medical professionals whose certificate is not accepted by insurance companies until they depose in tribunals.

The court took into account that medical practitioners are short on time, and in areas other than Mumbai, the tribunals have other civil responsibilities. Most often than not, doctors who come to depose have to sit the entire day, or proceedings are adjourned due to a lack of time or some other reason. To prevent this, the court felt it would be better if the tribunals avail of modern technology to avoid delays.

While disposing of a public interest litigation filed by practicing advocate Anil Tadalkar, highlighting the problems faced by claimants at MACT, the court directed the government to repeal the rule under section 263 of the Maharashtra Rules which requires payment of processing fees on claim petitions. "If not repealed, the state will expose itself of discriminating and violating Article 14 of the Constitution."

The court also said it would not be mandatory for claimants to appear in person to file claims before the tribunals, as it can be done through their advocates also. Further, the government has been told to direct all police stations to submit concerned accident reports to the tribunal on being asked by the tribunal. The government was also directed to amend the rules to facilitate service of notice through courier service.

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