Galgotias University organises seminar on Importance of Legal Aid | Chief Justice Rajesh Bindal Inaugurates pilot project

Greater Noida, March-5: Galgotias University on Saturday organised a Seminar on Importance of Legal Aid Under Constitutional Scheme & role of Legal Aid Clinics in promoting Law & Justice.

The University also hosted launch of pilot project for expeditious disposal of motor accident claims cases at Gautam Budh Nagar & also an E-Book was released on COVID victim compensatory scheme by the Chief Guest of the Seminar Justice Rajesh Bindal, Chief Justice, HC of Judicature at Allahabad, Executive Chairman, UPSLSA.

The pilot project has been prepared under the aegis of former Delhi High Court judge Justice JR Midha, where a time bound mechanism has been evolved in which it is the primary responsibility of the investigating officer to submit the first information report within 48 hours of the accident to ensure the expeditious disposal of motor accident cases.

The seminar was organised under the guidance of Ashok Kumar Jain, Member Secretary, National Legal Services Authority.

Former Delhi High Court judge justice JR Midha & Professor Emeritus, School of Law (Galgotias University) elaborated the concept behind the launched project. JR Midha briefed about how after taking a clue from the law all over the world, he conceived a special scheme in 2009 for compensation by which money was paid to the victims without need of filing of a case within 120 days & the police had to file a report with the claims tribunal within 30 days & the insurance company were made to give response within the same time & the money was to be awarded within 30 days.

Delhi HC on 2nd April, 2021 implemented this scheme with fresh guidelines according to which the money should be paid to the victim within six months & all the victims of road accidents get the money without the need to file even a claim case.

“We had planned to launch a pilot project with immediate effect in the district of Noida, so today the Chief Justice has launched this; although by statutory force it will come into force from 1st April 2022,” said Midha.

He elaborated the procedure of creating a ‘Detailed accident report’ under the new scheme.

In the new scheme a ‘Detailed accident report’ will be formed which will be filed by the investigative officer before the claims tribunal court & the court will take cognizance of this final report & treat it as a claim petition as a case & ask the insurance company to submit their response within 30 days.

”If any accident happens then immediately within 48 hours there’ll be a first accident report, followed by driver and owners form, followed by the interim accident report within fifty days, followed by a detailed accident report within ninety days, response of the insurance within thirty days & thereafter the payment within thirty days.” explained Midha

Till 2009, the victims of road accidents were not given the compensation without filing of a claim petition before the claims tribunal even if the vehicle was validly insured, consequently the victim was forced to file an application for compensation before the MACT court and was intended in unnecessary lengthy and costly litigation.

Chief Guest of the Seminar, Justice Rajesh Bindal, Chief Justice, HC of Judicature at Allahabad, Patron-in-chief UPSlSA, in his address emphasized on the role of students for the success of legal aid clinics. He said a group of students should take-up 4-5 villages, visit them & see what they can do.

“It is the responsibility of both teachers and students; If you all will do it with full interest then I think there is nothing impossible.” Bindal said. “We need to provide more help to those who don’t have the knowledge about it,” he added.

“We all have to put in efforts, not limited to students, teachers but also it’s important for our other government officers,” he emphasized.

Further he said that, “we are able to provide legal aid to only about 1.5% of the people because of lack of awareness.”

“Another problem is many people are not satisfied with the quality of legal aid they are getting & so they avoid getting it & so we need to work on it as well,” he added.

Guest of honour, Justice Pritinker Diwakar, Judge, HC of Judicature at Allahabad, Executive Chairman, UPSLSA spoke about legal aid & legal aid clinics, he said, “We function by forming a group/cluster that can give us a legal aid in such a situation. It would be a lie to say I can give you a legal aid while sitting in my AC chamber.”

 

Referring to students coming with a particular aim & carrying forward with their purposes, he said “We established Legal Aid clinics so that they can get off this scope; We need to think of where else can we provide legal aid other than Noida.”

Diwakar said there are many cases, where people are not aware that lawyers are provided for no fees as a part of legal aid.

He further requested students & various college managements to join hands & help poor people making aware of legal aids & fundamental rights provided by the constitution.

Justice Umesh Kumar, High Court of Judicature at Allahabad, Administrative Judge, Gautam Buddha Nagar who was present as the special guest said that with economic advancement the urbanisation is increasing in India at the rate of 31% & this change has placed heavy demands on the Urban transport system. The spread of highway was further increased at the rate of mobility of the person & thereby increased rates of accident in India.

Umesh Kumar said, “I assure my honourable chief that the judicial legislation of the Gautam Buddha Nagar will leave no stone unturned to corporate with all stakeholders & establish best practices of the new schemes.”

Concurring the views of JR Midha, Kumar said, “We will move forward for the various expeditious disposal of motor accident claims cases; I prefer that it should be disposed of within thirteen days as Midha desires.”

He highlighted India has the dubious distinction of having the highest number of road accidents globally. “In India approximately 5 lakh road accidents were reported out of which death cases around 1.5 Lakh; one death is happening every 3.5 minutes which is the highest in the world; 15.5% of the total accidents related to the hit & run.”

Lastly, CEO of Galgotias University, Dhruv Galgotia assured Chief Justice Rajesh Bindal that the University’s legal aid cell will work relentlessly for the same. “Our legal aid cell will work relentlessly with equal zeal & vigour that you have shown for the people of Uttar Pradesh,” he said.

He also assured that Galgotias Law students will be connected with legal aid clinics to enable practical learning experience for them and to ensure expeditious disposal of cases of needy people.

“More of our students would be taught, how to use legal aid cell & how to reach out to villages & how accident victims can be facilitated so that that they can get their compensation within 2 months, which earlier they used to get within 20-30 years “ : Galgotias University CEO Dhruv Galgotia while talking to media after the event. “Galgotias University will connect it’s law students with legal aid system which will give them practical experience & when students will get to meet people in villages so they’ll get a real life experience & helping people will also be our live projects” Elaborated Dhruv on what will be the role of Galgotias University in the newly launched project. “This will be headed by justice Midha, he’ll give training & local authorities will also support us,” He added.. He also assured that Galgotias Law students will be connected with legal aid clinics to enable practical learning experience for them and to ensure expeditious disposal of cases of the needy people.

Photo Highlights | National Seminar on “Importance Of Legal Aid” | GALGOTIAS UNIVERSITY