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HC passed compensation orders in transfer petition, I shudder to think if this must become a new practice. Passing orders on consent of counsel on WhatsApp affirmation from counsel or parties about the quantum of compensation will serve insurance co.panies well but there is a lurking danger of the parties staying completely ignorant of these orders.
[5/11, 18:50] Justice K Kannan: While it is remarkable that HC passed compensation orders in transfer petition, I shudder to think if this must become a new practice. Passing orders on consent of counsel on WhatsApp affirmation from counsel or parties about the quantum of compensation will serve insurance co.panies well but there is a lurking danger of the parties staying completely ignorant of these orders. [5/11, 18:55] Justice K Kannan: During my tenure in RCT, I unearthed a massive fraud in Patna Bench when more than 80 crores of compensation money was pocketed by th judge in syndicate with a handful of lawyers in syndicate. The judge was dismissed from service after enquiry before Lalit.j [5/11, 18:57] Justice K Kannan: Now a CBI enquiry has been ordered. It is dangerous to by pass the time tested mode of awarding compensation without the actual presence of the party. [5/11, 18:59] Justice K Kannan: http://railsamachar.com/english/2019/09/14/rct-member-r-k-mittal-faces-cbi-probe-over-rs-50-crore-claims/ [5/11, 18:59] Justice K Kannan: https://indianexpress.com/article/india/cbi-initiates-preliminary-enquiry-into-rct-scam-5563752/ [5/11, 19:04] Justice K Kannan: Even dispensing with decretal order in MACT cases is fraught with some limitations. First, judges must get trained to draft decrees. If u leave the insurance company with a 50 page order for compliance, the crucial directions of what the decretal order contains may be carefully drafted by the tribunal judge herself. In practice, that extra care is seldom devoted. [5/11, 19:25] Justice K Kannan: It is a great idea that insurance company shall not challenge compenastion amounts less than 7.5 lacs. It will be better if courts take serious note of any form of contest in fatal accidents on issue of quantum after the judgment of SC in Pranay Sethi. There is nothing to be decided in such cases. Insurance companies must be punished tellingly if a challenge is brought on quantum, merely because some of them may be of high value , if the awards satisfy the parameters set down in pranay Sethi. [5/11, 19:30] Justice K Kannan: Better way of starting reform at MAcTs shall be stop all forms of trials and go through gathering data and moving for examination of offers of settlement figures, the way the supreme court directs in Jay Prakash decision. [5/11, 19:35] Justice K Kannan: The compromise effected and recorded by the high court in MACTOps looks as if the parties are not put on notice &only counsels’ consent were taken in whatsup. Meaning no disrespect to counsel this is dangerous in MACT claims!!
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