S. D. SHAH, J. ( 1 ) RULE. Heard Mrs. Vidhatri K. Parekh for the applicants and mr. Darshan M. Parikh for the respondent No. 1. For an unfortunate accident that has taken place on 17th of October, 1984, the Tribunal being M. A. C. T. (Main), Surat, has by Award dated 3/05/1994 fully allowed the application and awarded the amount of Rs. 2,17,000. 00 inclusive of interest at the rate of 12 per cent per annum from the date of the claim petition till realisation. The Tribunal has further directed that the amount of Rs. 53,250. 00 each shall be invested in the name of the applicants in Fixed Deposit Receipts in a Nationalised Bank for a period of 15 years and the name of the Claimant No. 1 shall be shown as guardian of the rest of the claimants. It is an unfortunate state of affairs in the State of Gujarat that for an accident that has taken place as back as 1984, the compensation petition is heard and decided in the year 1994, i. e. , exactly after a decade. To add to the agony of the claimants, the United India Insurance Company Limited has preferred Appeal, being First appeal No. 2172 of 1994 which is admitted by the learned single Judge of this court and in Civil Application No. 4168 of 1994, which is filed by the Insurance company, the learned single Judge has passed the following order :"rule. Ad interim relief in terms of para 4 (A) is granted on condition of deposit of the awarded amount (after deducting therefrom the deposit of Rs. 25,000. 00) before the lower Tribunal within 8 (eight) weeks From today. " ( 2 ) ACCORDING to the applicants, neither summons of the Civil Appeal nor summons of Civil Application is served on them till today. On repeated enquiry being made by them, they came to know from the office of the Tribunal that the High Court has granted stay. The resultant effect of the stay granted by the learned single Judge of this Court is that after deduction the amount of Rs. 25,000. 00 which was deposited in the High Court the entire amount is directed to be deposited in the Tribunal and mr. D. M. Parikh appearing for the Insurance Company informs the Court that the amount so directed, is deposited. 25,000. 00 which was deposited in the High Court the entire amount is directed to be deposited in the Tribunal and mr. D. M. Parikh appearing for the Insurance Company informs the Court that the amount so directed, is deposited. However, the stay which is obtained in the main civil Application is in wider terms so as to stay the operation and implementation of the judgment and award by the Tribunal on 3rd of May, 1994. The resultant effect is that the directions contained in the award of the Tribunal to deposit even the amount of Rs. 53,250. 00 for each applicant by way of fixed deposit receipt in a Nationalised bank for a period of 15 years automatically gets stayed and since last more than one year, the amount is lying idle in the Tribunal. No interest is being paid to the claimants as the amount is not at all deposited by way of fixed deposit receipt in a Nationalised bank. The helpless claimants have, therefore, moved this Court for vacating the ad interim relief obtained by the Insurance Company. ( 3 ) IN view of the aforesaid sorry, sordid and dismal state of affairs, for which it is difficult to say where the blame could be laid. surely not at the doors of the claimants, now, this Court is required to pass appropriate order. The claimants having succeeded before the Tribunal after the expiry of 10 years, in my opinion, appropriate provision shall have to be made for payment of single amount to the claimants as depositing the total amount by way of fixed deposit receipt in a Nationalised bank for long period of 15 years would not give any benefit or fruit of the award to the claimants. The difficulties are more highlighted if the fact stated by the learned counsel appearing- for the applicants al-e taken into consideration. She has stated that during the pendency of the petition before the Tribunal, her daughter Jayashreeben jayantibhai Sharma attained majority and was got married in the year 1992. Towards marriage expenses, the widow has to incur very huge liability. Similarly, another daughter Hemlataben Jayantibhai Sharma also attained majority and was got married in the year 1995. For her marriage also, substantial amount was required to be spent. The third child being Kamleshkumar Jayantibhai Sharma is as on date a minor. Towards marriage expenses, the widow has to incur very huge liability. Similarly, another daughter Hemlataben Jayantibhai Sharma also attained majority and was got married in the year 1995. For her marriage also, substantial amount was required to be spent. The third child being Kamleshkumar Jayantibhai Sharma is as on date a minor. What will be the plight of a widow is to be visualized in a situation of this nature, where she has lost her husband as back as 1984 and the Tribunals specially established for the purpose of deciding petitions for compensation, could find time to decide such petitions at the expiry of ten years. The justice is totally denied by the delay caused in the proceeding. No blame could be laid at the door of the Tribunals because the Tribunals are over-flooded with the claim petitions and the judicial officers manning the Tribunals are not sufficient in number even to dispose of the pending claim petitions which are over ten years old. When such claimants succeed before the Tribunal in their claim petitions, the usual rigmarole of Civil appeals and obtaining of stay on such award is yet to be faced by the claimants without receiving any penny from any quarter. Even the provision which is made for payment of interest by depositing of the amount in a Nationalised bank is also stayed by the learned single Judge of this Court. The Insurance Company which has obtained stay has sat very tight on the order of the stay and till today such order of stay is not served on the applicants. The justice is further denied and rendered to a teasing illusion by the stay granted by this Court in absolute term so much so that the claimants have till date not even received the amount of interest. Once again, the question arises as to who should be responsible for such lapses either on the part of the Insurance company or on the part of the office of this Court. ( 4 ) MR. D. M. Parikh, learned Counsel appearing for the Insurance Company has pointed out that ad interim order was passed on Civil Application on 17th of october, 1994. ( 4 ) MR. D. M. Parikh, learned Counsel appearing for the Insurance Company has pointed out that ad interim order was passed on Civil Application on 17th of october, 1994. The papers reached the office and the amount of process to be paid on Civil Application was worked out by the office and on that very date, i. e. , 2 4/10/1994, the process is paid for service of order of stay on the claimants. He further submitted that despite payment of process as back as 24th of October, 1994, notices are not issued till date to the claimants and that is how the claimants have not received the Civil Application as well as ad interim stay granted by the learned single Judge of this Court. Secondly, he pointed out that the papers of Civil Appeal were available in the office for payment of process fee only on 22nd of March, 1995. The process fee to be paid was worked out on 22/03/1995 and the same was paid by the Insurance Company on 5th of April, 1995. After enquiry from the office, he submitted that till date even notices are not issued to the claimants though the process is paid by the Insurance Company as back as 5th of April, 1995. ( 5 ) FROM the aforesaid fact-situation, there is no manner of doubt that the sole blame for delay of service of summons of Civil Application as well as the First appeal on the claimants could not be laid at the door of the Insurance Company. The sole blame lies with the office of the High Court of Gujarat. For this dismal and sordid stale of affairs obtaining in the office of this Court, some introspection is required to be done by everyone concerned. In the routine course even after payment of process fee, the summons of the proceedings are not being issued on the opposite party for months together and in the present case, it is not issued for fourteen months. It is only in cases where order for "direct Service" of notice/ summons is obtained that the notices are immediately issued. While other matters are just lying in the cold storage as if they are not matters of any concern for anyone. For this situation of no concern, the litigants cannot suffer and should not be made to suffer. It is only in cases where order for "direct Service" of notice/ summons is obtained that the notices are immediately issued. While other matters are just lying in the cold storage as if they are not matters of any concern for anyone. For this situation of no concern, the litigants cannot suffer and should not be made to suffer. Even in cases where awards were passed or decrees are passed in favour of the litigants, because of the order of stay granted by this Court having not been served on the successful party in the trial Court for a long period, the fruits of the decree or award are not enjoyed. The overall lethargy and casual manner in which the office of the High Court works, the paucity of the staff, which is being brought to the notice of the State of Gujarat. since last number of years and non-sanction of the staff by the State of Gujarat on the ground of austerity drive adopted by the State Government and lastly the poor and absolute unhygienic conditions where the staff of the office work, might have contributed to this sordid and dismal state of affairs. However, for this situation, everyone is benumbed and has become mute and is not in a position to find any solution to the situation. It is in this stark reality that this Court shall have to interpose itself and shall have to see that the order passed by the learned single Judge in absolute terms on Civil Application is appropriately modified. It is unfortunate that because of irresponsible behaviour of few members of the noble legal profession, a time has come when the Full Bench of this Court (in New India Assurance Co. v. Kamlaben, 1993 (1) GLR 779 ) has directed that the amount awarded in Motor Accident Cases to the claimants should not be paid over to them as ultimately such amount is not received by the claimants and that major chunk thereof is devoured by few irresponsible professionals. v. Kamlaben, 1993 (1) GLR 779 ) has directed that the amount awarded in Motor Accident Cases to the claimants should not be paid over to them as ultimately such amount is not received by the claimants and that major chunk thereof is devoured by few irresponsible professionals. Very exhaustive and detailed directions issued by the Full Bench of this Court in this regard were ultimately found to be non-workable and a situation was reached when the claimants of Motor Accident Claim Petitions did not receive any farthing out of compensation awarded firstly for a period of one decade after accident because during such period the claim petitions are not at all decided and secondly even after favourable award in their favour, no amount of compensation is received by them as it is ordered to be deposited by way of Fixed Deposit Receipt with nationalised bank. The matter was referred to yet larger Bench of five Honble Judges of this court which has in the case of Jayantilal A. Parmar v. G. S. R. T. Corporation, reported in [1994 (2)] XXXV (2) GLR 1308 attempted to reduce the unworkable and impractical nature of directions contained in earlier Full Bench decision of this Court. It is trite knowledge that rate of interest which the nationalised banks offer is the lowest in the country and though no reasonable and prudent man would go for a fixed deposit receipt with any nationalised bank, with a view to securing their amount and with a view to seeing that the amount is at least safeguarded and is not permitted to be devoured by few irresponsible legal professionals, the Courts have reached the situation of issuing directions for depositing the amount of compensation for period of 10 to 15 years by way of Fixed deposit receipt in nationalised bank with further direction to pay interest on such amount periodically to the claimants. In view of the fact that the rate of interest offered by the nationalised bank is very low on fixed deposit receipt, the interest earned by claimants is also very low on fixed deposited receipt. The interest earned by the claimants is also very nominal in large number of cases. In view of the fact that the rate of interest offered by the nationalised bank is very low on fixed deposit receipt, the interest earned by claimants is also very low on fixed deposited receipt. The interest earned by the claimants is also very nominal in large number of cases. To the person coming from remote villages where no banking facility is available, substantial amount is lost in, to and fro journey and also under other overheads which are not worth describing; in this order with the result that very paltry sum come in their hand. On receipt of such amount of interest, they shed tears on the entire system of administration of justice because for the life lost of their nearer and dearer one in a vehicular accident, what is being offered to them even after a passage of more than a decade is just a pittance and not even sufficient to sustain themselves. This bare minimum sustenance amount of interest which has been ordered to be paid to them after years of death of their nearer one or after grievous injuries suffered by the claimant, has in reality proved to be a mere mirage to them and that they have found themselves helpless and hapless condition as having spent the life of over 10 to 15 years in Court for search of justice after the death of the relative, what is being offered to them is not even sufficient amount of sustenance, in reality Himalayan Injustice is heaped on them. Though by locking the substantial amount of compensation by directing the amount to be placed by way of fixed deposit receipt in a nationalised bank, the Court is motivated by the desire to secure the principal amount, very often unknowingly and non-deliberately injustice results to the poor and illiterate claimants coming from the remote villages who have to pass through number of intermediary agents even for receiving the amount of interest. The introspection on this aspect of the matter and a fresh look in the changed circumstances is needed by all judicial officers including the Honble Judges of the High Court, by the members of the noble profession and by the State Government, whose ultimate objective under Art. 39a of the Chapter of: Directive Principles of State Policy is to see that justice is rendered to every citizen at the lowest minimum amount expeditiously and without delay. It is the primary and foremost duty of the State to secure that the operation of the legal system promotes justice, on a basis of equal opportunity. The State shall also ensure that opportunities for securing justice are nut denied to any citizen. If the potential of the fasciculus of the constitutional clauses relating to Human Justice through Human Law must be insightfully unravelled and interpreted in the context of the dialectic of Third World inhumanities, the Constitution is not the jural opium of the people but the remedial realism of the oppressed. To miss this poignant meaning is to betray the Founding Fathers. After democracy of 47 years, the Human of this country cannot suffer plural injustices to darken their dawn, and here the legal process as a key role to covert promise into Performance. Judges are judged and Courts are tried on result-oriented tests, not by judicial face powder and processual lipsticks. "survival of the Fittest" for any national instrumentality, must pass the social justice test, as an essentiality certificate. The following words of abraham Lincoln are worth quoting "this country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthow it. lenin has also said "without a revolutionary theory there can be no revolutionary movement. " justice V. R. Krishna Iyer pithily put the same message as under : "equal access to justice, judicially actualized social justice and pragmatically innovated procedures, dynamic in design, creative in vision, responsive to realities but without running amok, must in their reach and range, make the butcher, the baker and the candlestick-maker, the leper, the beggar and the tortured gender, look for healing touch to the avant-garde Court wearing redical robes and feeding remedial hopes. That is the consummation of the Constitution. The pride and passion of the judiciary must be to earn the nations grateful tribute couched in Churchillian words : "never in the field of human conflict was so much owed by so many to so few. " ( 6 ) IN the aforesaid perspective, some directions are required to be issued to the State Government through its Honble the Chief Minister and its Honble Law minister. " ( 6 ) IN the aforesaid perspective, some directions are required to be issued to the State Government through its Honble the Chief Minister and its Honble Law minister. Secondly some directives are also required to be issued to the Motor accident Claims Tribunal, established under Motor Vehicles Act, 1988 for speedy disposal of Motor Accident Claim Petitions. The disposal of a claim petition for a fatal accident which has taken place as back as 1984 after expiry of period of 10 to 11 years and further rigmarole of appeal to the higher Courts and grant of stay of the judgment and award of Tribunal in absolute terms requires immediate attention and self-searching exercise. Every Judge worth his name shall have to put a question to himself as to whether by hearing and deciding the petition for compensation of helpless widow, aged parents or helpless orphans or minor children for the death of the only bread- earner of the family after a period of one decade is in fact doing justice or it is merely a promise of unreality or teasing illusion or a mirage of justice, which keep or at times kill those helpless dependants without a penny, in the fond hope that some day in this life justice will be done to them. In the developed countries, claim petitions which are tried by special Courts are heard and decided within three months from the date of the mishap or accident and the amount of compensation is received directly from the insurance company or the person responsible maximum within six months. Accepting that India is one of the most underdeveloped countries in the world, a period of 10 years or more for trying a petition of this nature is a shame both for the State as it provides the wherewithal for establishing, manning and running the Claim Tribunals and also because of administration of justice through Courts of law is its constitutional function and secondly for the judicial institution also as paucity of staff, paucity of Judges, the lethargic attitude of all concerned and a feeling of no-concern all pervading the Court houses in the distriots. mofussil Courts and even in the High Courts are responsible, I, therefore, before passing operative order, issue following directions : (1) The Registrar of this Court is directed to send the copy of this Order to honble the Chief Minister and Honble the Law Minister of the State of Gujarat to look into and take steps within three months to see that claim petitions arising from vehicular accidents under the Motor Vehicles Act. 1388 are tried and decided within the shortest possible period, if possible, maximum being period of two years. The remedial steps which could be taken in this behalf, are directed to be taken as early as possible, if need be by appropriate State Amendment in the Motor Vehicles act. 1988. This Court is not directing or suggesting any Legislative measure, but it is only leaving it to the State Government and its wisdom to see as to whether any effective steps, could be taken to expeditiously decide the claim petitions arising from vehicular accidents under the Moter Vehicles Act, The State Government through its Honble Law Minister and Legal Department is directed to report the steps taken in this behalf to this Court or to the Honble Chief Justice of the High court of Gujarat latest by 30th of April, 1996. (2) The Registrar is also directed to place the copy of this judgment before the Honble the Acting Chief Justice/chief Justice to inquire into and to know as to why despite substantial increase in number of Motor Accident Claims Tribunals in all districts, the claim petitions are pending over a period of 10 years and secondly to make necessary inquiry as to why despite payment of process fee before 16 to 18 months, no writ is issued to the claimants both of the Civil Appeal as well as of Civil Applications for stay. ( 7 ) IN this state of affairs without becoming sour to anyone and finding fault with the system of administration of justice in this Court, this Court would with a sheer sense of helpness simply grant this Civil Application. The ad interim relief granted by the learned single Judge of this Court is modified to the following effect. "the Tribunal is directed to pay Rs. 15,000/- each by account payee cheque in the name of applicant No. 2 and Applicant No. 3 and Rs. 30,000. The ad interim relief granted by the learned single Judge of this Court is modified to the following effect. "the Tribunal is directed to pay Rs. 15,000/- each by account payee cheque in the name of applicant No. 2 and Applicant No. 3 and Rs. 30,000. 00 by account payee cheque in the name of the Applicant No. 1. The Tribunal shall see to it that the account payee cheque is encashed in the account opened in a nationalised bank in the name of the respective claimants and is not encashed by any other manner by anyone else. If the applicants have already bank account in their names in any nationalised bank, the account payee cheque may be deposited in such nationalised bank. It is further directed that in the name of the first claimant as guardian of minor Kamleshkumar Jayantibhai Sharma an account payee cheque for a sum of Rs. 10,000. 00 also be given and it shall be seen that the said amount is spent by the first claimant for the education and proper rearing up of the minor child. The amount of Rs. 25,000. 00 which is deposited in this Court by the Insurance Company is ordered to be transmitted to the Motor Accident Claims Tribunal (Main), Surat within four weeks from today. After disbursing the aforesaid amount of Rs. 70,000. 00 to the claimants as directed hereinabove, the Tribunal is further directed to deposit the balance amount including the amount of Rs. 25. 0001- which is ordered to be transmitted to the Tribunal by this Court today, by way of Fixed Deposit Receipt in a Nationalised Bank in the name of the first claimant alone as claimants No. 2 and 3 have already got married and have established themselves as housewives at their respective matrimonial home. The periodical interest at the interval of every six months on such amount of Fixed Deposit Receipt is also directed to be paid to the first claimant by account payee cheque with further direction to the Tribunal to see that such account payee cheque is deposited in the account of the first claimant and is not encashed by any other manner. The Tribunal shall also ensure that such account in the Nationalised Bank is not in the joint name of the claimant with any Legal Professional, his clerk or agent. The Tribunal shall also ensure that such account in the Nationalised Bank is not in the joint name of the claimant with any Legal Professional, his clerk or agent. " ( 8 ) RULE on Civil Application is made absolute to the aforesaid extent only and the ad interim relief granted by the learned single Judge of this Court is modified. .