Excelsior Correspondent
JAMMU, Nov 29: Presiding Officer Motor Accident Claims Tribunal Ritesh Kumar Dubey has dismissed the claim petition of a Rohingya, who was injured in road accident at Narwal, on the ground that petitioner being illegal immigrant is not entitled to compensation under the Motor Vehicle Act.
“The cases of illegal immigrants need to be considered on territory to territory basis. There is no denial of the fact that the illegal immigrants like the petitioner have been perceived to be potential threat to the security of the State, be it Union of India or its constituent units”, the Tribunal said, adding “in such a situation, the moral respect to UN convention on refugees is not warranted for the purpose of petitioner’s cause in this case”.
“If that is done, that would not only add premium and incentives to the illegal presence of petitioner(s) in the territory of India but also would be factor which may draw other such people to enter India illegally”, the court said, adding “also if that is done for the purpose of present case that would recognize one of the rights in their favour when the Union of India still considers them a potential threat to the country”.
“There is no doubt that all the persons are entitled to equal protection of laws in India. But I deem it proper to note that the term ‘person’ can only be taken to mean a person who is validly present on the Indian soil”, the Presiding Officer said, adding “I have also considered the argument that the respondent company has granted compensation to a person similarly situated. I agree with the submission of the insurance company that there cannot be any estoppels against the law and the law involved is that the petitioner being illegal immigrant is not entitled to compensation under the Motor Vehicle Act”.
With these observations, the Presiding Officer dismissed the petition.
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