Scientists say, “There is no life on Moon.” But our S. Kumar (a retired Insurance Executive but popularly called as Senior DM, even today) dismisses it as, “Rubbish, they don’t know.” He says “People live in Moon just like us.”
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It leaves me with no reasons to disbelieve our Senior DM sahib. He had been on official tour to Moon. No, no, it was not a conference that he attended there. He went there as a visiting Professor.
Like Science, Law also got always challenged by our Senior DM sahib. He had rejected many payable claims in his service life and had paid many non-payable claims to keep people dealing with Law, busy. He had dealt with more than 5000 Road Traffic Accident matters as Senior Divisional Manager of an insurance Company of repute.
“Seeing only the bright side of moon visible from earth, scientists assert that there is no life there. They did not explore the other side.” Being more proficient of the darker sides, our Senior DM sahib had gone to the other side of moon where he found life just like Earth.
Last decade, during an extra ordinary Intellectual Exchange Program with our planet Earth, the Government of Moon had requested our Government, by transmitting the following THOUGHT:
“We are proud to be well advanced and developed in many respects but in the entire territory of Moon we have hardly 500 Motor Accident Third Party Claim Cases in various Courts. Whereas, only in India you have reportedly more than 11 lakh pending cases at various courts in this regard. How could we be, and why are we, so less in number of such pending cases, worries us. Probably our Police, Judiciary and Insurance officials need some training in this regard. They don’t have sufficient work. We are afraid of the proverb, ‘Empty mind, devil’s workshop’. Please send an expert in this regard and oblige.”
Above thought was delivered by Moon Government as per their Communication System through TELEPATHY to Earth. It could not be delivered because Telepathic Communication is still far-fetched imagination in Earth. Realising their oversight, Moon Government finally mailed the above message through internet to our Finance and Home Ministry for necessary action.
Now, who would go to Moon, was a big question. Intimation to two Ministries created tussle amongst them. Judging the situation quickly, the two top bureaucrats of South & North Blocks shook hands. As usual, they convinced the Hon’ble Ministers that Moon being a small satellite of earth, as per protocol, we need not send any senior executive of our Insurance companies.
Mr. Kumar, our Senior DM had good connections in both the Blocks. Apart from other expertise, he could very skillfully handle such situations. Finally his name was proposed and this tour was officially approved to the manage master. Moon Govt. was accordingly intimated to make to & fro journey, food and lodging arrangements.
Our Sr DM was called by the Hon’ble Minister and reminded that he was being sent to the satellite Moon as representative of our planet Earth. He should always maintain the dignity and ego. He should constantly dominate over any and every situations by his vocal expertise. He should perform the job in such a way that the big applause may sound every where in the Universe and that sound should also reach the ears of our Hon’ble Prime Minister.
In this process, CEOs & top executives did not leave any stone unturned. Various meetings were held in peaceful, serene, calm and thought provoking select Resorts to brief the Sr. DM. because it was necessary to establish the prestige and honour of the institution they belonged to.
And once it gets imprinted in Moon, roads to other planets of Universe would open. In this respect someone couldn’t help but promise his beloved wife, “Let the opportunity come. I am already taking you to foreign tours. Do not worry. I may soon take you to Mars, Jupiter or any such planets in near future.”
As per program one Space Craft of Moon landed on the Space port at Sriharikota.
“Boss, they say it is very cold there and further there is little water in Moon,” said someone.
“Apart from other purchasing, I intend to buy some woolen clothing from Moon. However, my sky-bag contains some winter dresses for urgent situations and few body-mist & spray, cologne and perfume in case I don’t get water there.”
A grand farewell was given to the Sr. DM so that he may not forget to bring any article from Moon list of which was given to him. However, authorities took a sigh of relief when the space craft finally took of.
President, Prime Minister and many high dignitaries were present at Moon to receive a Human Being from Earth. After formal welcome by 21 Gun Salutes, offering of flower bouquets etc. our Sr. DM was taken to the best luxurious hotel of Moon providing all types of facilities.
The whether and atmosphere in Moon was very good. Our Sr. DM was feeling light, probably due to change in gravitational force. He relaxed & enjoyed good sound sleep. He was not disturbed through Mobile Phone because that had become useless in Moon. As per their advanced communication system, people in Moon communicate through Telepathy. They remember each other and transmit their thoughts as they wish. In such system there is never a network failure.
Next day there was a grand inauguration. With the chant of Divine Hymn and background music the atmosphere got charged when the lamp was lighted by our Sr. DM sahib. He was enjoying the moment and got overwhelmed.
Getting concerned about the purpose he had come to Moon, our Sr. DM enquired about the prevalent practice regarding compensation given to the Motor accident victims. He observed that provisions of Motor Vehicles Act of Moon more or less tallied with ours except certain changes.
He noticed first difference in the provisions of ‘hit and run’ Motor accidents. When a Motor vehicle runs away after accident and cannot be traced, in our country we pay Rs. 25,000/- in case of death and Rs.12,500/- in case of injury. But in Moon, compensation amount in such a case is 5,00,000/= Moon currency for death and 2,50,000/= plus amount spent on treatment in case of injury suffered by the victim. It was gathered that this amount of compensation is paid by the Government of Moon out of a Special Fund which is created by levying surcharge on petroleum products. Insurance Companies in Moon do not bleed in paying Third Party Motor Accident Claims.
All the top bureaucrats of Ministry of Finance, Law & Home of the Government of Moon attended the Workshop on “How to Handle Road Traffic Accident Cases More Efficiently”.
Formal introduction and extraneous speeches as it happens anywhere, consumed half of the day. Then there was sumptuous lunch to the utmost satisfaction of those who look forward to attend such meetings to enjoy that particularly.
In the post-lunch session, without wasting any time, our Sr. DM came to the main point directly. He smiled while addressing the gathering, “You people have made the mistake at the very outset. In a ‘hit & run’ case the amount of compensation should never be this big. Rather, it should be very small. It must be so little that one might require to spend more than that to receive the same.”
There was a murmur in the audience. Someone said, “In such a case Sir, do you think that people will lodge any claim against such accidents?”
Our Sr. DM replied, “Exactly, that is what is desired. People should not lodge any claim against ‘hit and run’ accidents.”
Now a senior official submitted, “But, in most of road accidents, ‘hit & run’ only happens. I mean, mostly the offending vehicles flee away after hitting the victim. Especially in highways, people come to know about occurrence of any accident after the offending vehicle runs away. In rarest of rare case, a high speed offending vehicle is correctly identified. Even in crowded places the offending vehicles try to run away. People around the vicinity witnessing the accident, get bewildered and shocked. People become more concerned for the victim and try to save his life.
Hardly some one notices the number plate of running vehicle. And even if one does, in all likelihood he fails to remember the number correctly unless he is ready with a paper and pen to write the number, but that remains a remote possibility.”
“Exactly. You have well understood the psychology of witnesses.” The faculty looked impressed, “Unless the vehicle gets capsized in the accident or caught on the spot, there is no chance whatsoever to identify the offending vehicle.”
“Sir, if that be so, and people desist from lodging claims against ‘hit and run’ motor accidents, poor victims would be deprived of compensation and the whole purpose of Socio Welfare Legislation would get defeated.”
“Here lies the difference in understanding.” Sr. DM felt pity for simple-minded Moon people, “So what, if the offending vehicle runs away. Let that run. There are many other vehicles. That vehicle or this, what difference it makes? To get compensation, the claimant will require contacting one owner of insured vehicle.
Prior condition would be admittance of involvement of his vehicle in the accident. Simultaneously, a driver with effective driving license would require to be planted who shall admit before the court that due to his fault the accident occurred. Rest would be very simple. Some Hospital and Police records would also be required. The learned Tribunal will decide the matter summarily. It will pass adequate award under the Social Welfare Legislation Scheme and the victim will be sufficiently awarded.”
“But why will any vehicle owner or a driver would agree to all this? After all, the vehicle would be seized by the police and a criminal case would start. For no fault of his, driver would be punished /penalized if admits guilt before the court. Why would anyone get involved unnecessarily and stand so much trouble?”
Are they really unable to comprehend? Our Sr DM wondered. “Arre baba, this will simply be arranged against a price.” Then to make them understand he explained, “Basically ‘Man’ is very helpful in nature. You will find some people eagerly coming forward to help the poor claimant so that he may get a just compensation. Kindly visualize that an unknown speedy vehicle killed someone.
The vehicle which ran away could not be identified. In such a case, it would be very difficult for the heirs of deceased to arrange the documents required to prima-facie establish the accident and get any compensation. To solve this problem, soon you will discover some middle men undertaking this responsibility.
They will arrange all necessary documents like Police Charge sheet, hospital papers, Income and age certificate etc. Both side Advocates will graciously be pleased to help the poor heir/claimant on humanitarian grounds. Every thing would be very meticulously placed before learned Tribunals /Courts to fetch robust compensation. Easy money would flow to benefit the claimant and everyone who assist him.”
One senior looking participant expressed his point of view, “But it would be utterly wrong, immoral and unethical?”
Our Sr. DM got annoyed. “Are you aware why your Government has sought for an expert like me? Your Government is having face-saving problem in the Universe for such petty number of cases pending before various Courts of Law. You are required to increase the number of MACT cases in Moon. Don’t you?” Then he voiced very composedly, “Anyway, I have to report. By the way, what is your name mister?”
Realizing the situation, he immediately apologized. “I am extremely sorry Sir. My apologies Sir. I was wrong. Be kind Sir, I beg your pardon.” The senior executive of an Insurance Company was begging for mercy. Although he had no legal background somehow he was considered at corporate level, an expert in MAC matters. But right at that moment there was panic on his face and he got his pant wet. Seeing his pale face and realizing his condition, our Sr. DM did not insist for the name any more and excused him to go to wash room.
There was pin drop silence. Our Sr DM continued, “In the eyes of God all creatures are one and the same. Similarly there is no difference between two motor vehicles. God created man and Man created Motor vehicle. So, what is the problem, if liability of one vehicle is shifted on another? What is wrong if instead of one insurer, another insurer pays the amount? Insurers are also one and the same. This insurer or that insurer, after all it is one of your insurance companies only.”
Participants forgot to drop their eyelids. Our Sr. DM added, “Slowly, with more and more involvement of Law & Order enforcing agencies and with the help of hospitals /doctors, any death other than motor accident, would also be shown as Road Accident and placed before the competent Court of Law with full-proof evidence to get compensation.
Death occurred due to a Road Accident or due to a fall from tree or snake-bite, what is the difference? Why a death due to Road Accident be treated differently? Why a death occurred for other than Road Accident should not be compensated? What is the difference between two deaths? Truly speaking any death should fetch good compensation to the heirs. I think this would definitely increase the number of Motor Accident Claim cases in Moon. This will also keep your Judiciary as well as other administrative agencies on their toes.”
One section of participants got dumb-founded. They were thinking about the good prospect. Why such unique method did not occur to their mind earlier. This would have made them affluent by then. “Better late than never,” they thought.
Another section got spell bound and thought, “God forbid. May nothing of this sort happen to destroy the peace and harmony in Moon.” This second section got mentally busy in finding ways to restrain all this.
There was a third section too. These conservative sets of minds are never able to follow the faculty whosoever. They swim within their own limits like the frog in a well. They pretend by nodding their heads as and when faculty looks at their faces and smartly steal quick short naps without disturbing anyone in the class. This section was having a nice time.
After the workshop was over, to establish the things practically, our Sr. DM sahib stayed for few more days. Apart from the amount given in ‘Hit and Run’, he proposed some other amendments in the M V Act of Moon. For Example in Moon, there is time limit of one year to file any claim petition before the Tribunal.
He proposed to make it unlimited. Late filing of cases would help claimants get better compensation. After a lapse of considerable time Insurance Companies would fail to defend themselves in the want of proper investigation.
Our Sr. DM found one thing fantastic in Moon. Their Motor Third Party Liability Policy, like Own Damage Policies mention different sum insured for different types of vehicles. He enquired from the Chairman of Regulators. He gathered that earlier they had similar provision like ours. But now they have reconstructed their Policies.
For example for a Two Wheeler Third party liability is restricted to 2 Lakhs whereas for a four wheeler small car it is 4 Lakhs. This limit increases with the size and capacity of the vehicle. Maximum liability of an insurer in a road traffic accident in Moon is 10 lakhs only. In case the insured prefers to increase the Sum Insured he may do so by paying extra premium.
Our Sr. DM enquired, “What happens if the Tribunal passes an award which is more than sum assured? Law requires the Tribunal to arrive at a just compensation. Isn’t it?”
“Yes sir. In such a case, balance amount is paid by the insured/ owner of the vehicle. It has been observed that the owner/ insured are slowly becoming more insurance minded. They prefer to increase the sum insured for third party liabilities” Regulator replied.
“Was such reconstruction of Motor Policy ever challenged before any Court of Law?”
“No Sir.” Regulator rejoined, “But before reconstruction of our policy in this regard we had obtained legal opinion. We were advised that Section 149 (1) of our M V Act speaks about limit of our liability upto the sum assured. Provision of this section enabled us to fix up the sum insured.”
Logic given by Regulator seemed levelheaded. When against Train and Plane accidents compensation amount is limited it is preposterous to keep it unlimited against Road accidents.
But our Sr. DM had different thing in mind. So he called a meeting of all the Insurance Companies of Moon and its Regulator. “If you also want to take a pride in showing high valued claims like our country in Earth, change the policies again” advised our Sr. DM. In the workshop our Sr. DM was pleased to mention that in India some petitions are filed claiming more than 10 Crore rupees. A person who dies in India by a Road Traffic Accident brings a good fortune for his heirs. Normal death is lamented by the heirs. Motor accident death is like ‘Neighbor’s envy owner’s pride.’
But before our Sr. DM got deeply involved in the matter, the President of Moon sent an e-mail to the Indian Government expressing formal gratitude of Moon Government for sending Sri Kumar and requested to call him back.
Actually Moon Government got terrified by the ideas floated by our Sr. DM. Further stay of Mr. Kumar they apprehended, would have devastating effect.
It would definitely swell the number of cases. But there would be flood of false cases and things would all go out of control. Then to reduce the number of cases, it will have to resort to Lok-Adalats and other such alternative schemes where fraud cases would have to be compromised under pressure. It was an eye-opener workshop for Moon Government.
That night our Sr. DM slept undisturbed for 9 hours. In the morning he was awaken by a call for bed-tea when he found that the Space craft for his return journey was ready to take him off the Moon to Earth. He opened his eyes to find his wife smiling with a cup of tea beside the bed.
By: Mr. Bijon Bagchi, M.A. LLM., Deputy Manager, Techno Legal Deptt., Calcutta Regional Office-II, National Insurance Co. Ltd., Published in The Insurance Times, July, 2011
