PUNE, July 14: It took the ignominy of an attachment warrant for the chair and staff car of the General Officer in Commanding, Southern Command, to comply with an accident claims tribunal order to pay compensation to the kin of a man killed under an army truck.

The attachment warrant was issued by the Motor Accident Claims Tribunal, Pune, on Thursday last when, even after nearly a year of ordering an interim relief of Rs 50,000 to be paid within 15 days, the Southern Command had kept silent on it and on several other reminders to the same through their lawyer, through registered posts and even through court bailiffs.

However, on Friday morning when the aggrieved parties along with court officials reached the GoC-in-C's office to serve the warrant, the army officials were all apologetic and more than willing to pay up, and even had Rs 50,000 ready in cash while blaming the whole thing to a `communication gap.'

To recall in brief, Rafik Khan, a worker who was injured on July 5 1995, when he was going from Mundhwa to Wanowrie on his bicycle and was dashed by an army truck belonging to Bogra Unit of Southern Command. Subsequently he died after six months due to injuries which he sustained in the accident. He was the only earning member of his family, supporting his mother, wife and 3 little children.

His widow Shakila Khan and other heirs filed a compensation claim of Rs 5 lakh in MACT. The Lt General of Southern Command, Commandant Sub Area Bogra Unit, and the Defence Secretary were made the respondents.

The then member of MACT Shriram Kulkarni had ordered an interim relief of Rs 50,000 to be paid within 15 days with 12 per cent interest for the any delay period.

While the lawyer for the claimants delivered the verdict through the Defence lawyer as well as through registered post to all respondents, there was no reply from their end. Subsequently, many reminders were sent, even through court bailiff - acknowledged as received by the GoC-in-C's office, still there was no sight of money.

Ultimately on March 3 1997, an application was filed by the claimants advocate praying for a warrant to attach chair and car used by GOC in C, Southern Command. However, the tribunal's action was delayed as during that period, the sitting member S P Kulkarni was transferred. Finally, the new member of MACT S R Dongaonkar issued the attachment warrant.

With that order, the Army was all action, and were ready with the cash when the claimants and the bailiff reached there armed with the warrant. However, the court refused to accept cash, and asked the army to deliver either a cheque or demand draft of Rs 50,000 while giving it another 15 days to pay the interest.

Meanwhile, calling its readiness with cash a `swift and prompt reaction' a defence press release regretted the inconvenience caused to the aggrieved parties while taking a stand that the Southern Command was not involved in any manner with the accident except that it was made a party in the case. The accident, according to them was actually caused by a driver of a Field Formation Brigade two years ago which had moved out of the city and out of the jurisdiction of Southern Command a year ago. The compensation is now being paid by 330 Brigade on behalf of the previous brigade which moved out.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.