Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9
MACT 134/26
UMA VARSHNEY (P)
I(308/25/MP)
Vs.
JITENDRA
SHARMA (SBI)
03.09.2026
Present: Ms. Kanika Sharma , Ld. Proxy Counsel for the
petitioner through VC.
Sh. Mohit Pratap and Sh. Ajay Kashyap , Ld.
Counsels for respondent no. 1 with
respondent no. 1.
Sh.Neeraj Kumar , Ld. Counsel for respondent no.
2 and 3.
Summons issued to respondent no. 1 not received
back. Summons received back served on respondent no. 2.
However, the respondent no. 1 has appeared along
with Ld. Counsel. WS filed by both the respondents along with
vakalatnama. Copy be supplied.
Heard arguments on the point of issues. On the basis
of the pleadings of the parties, the following issues are framed :
1. Whether the injured suffered injuries in
an accident that took place on 05.08.2025
at about 11:43 pm at Padora Bridge
Kolaras, M.P. involving vehicle bearing
registration no. UP23AT7181 driven
rashly and negligently as well as owned
by respondent no.1 Jitendra Sharma and
insured with respondent no. 2 SBI General
Insurance Co. Ltd.?
OPP
2. Whether the petitioner is entitled for
compensation? If so, to what amount and
from whom? OPP
3. Relief.
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Lately, Central Motor Vehicle Rules, 1989 has been
amended by way of Central Motor Vehicles (5th Amendment)
Rules, 2022 effective from 01.04.2022. By way of inclusion of
Rule 150A in MV Rules, 1989, concept of Recording of
Evidence by way of Local Commissioner has been introduced.
Recently, the Hon'ble Supreme Court of India has directed that
MACTs shall record the evidence through Local Commissioner
in cases where the Insurance Company disputes its liability and
fee and expenses of such Local Commissioner is to be borne by
the Insurance Company concerned. (Please see : Gohar Mohd.
Vs. UPSRTC, Civil Appeal No. 9322/2022; date of decision :
15.12.2022).
In the light of the above, so as to achieve timely and
expedient decision in this case, it is directed that evidence may
be recorded by a Local Commissioner, whose fees and expenses
shall be borne by Insurance Company. Ms. Meenakshi Sharma,
Enrol. No. D/2887/11, Chamber No. 598, Western Wing,
THC, Delhi having Mob. No.9891878260 and 8076652141 is
hereby appointed as Local Commissioner and he/she shall file
the report within 08 weeks from first appearance before Ld.
Local Commissioner. The evidence shall be recorded as per
under-mentioned Protocol drafted for this purpose.
‘Protocol for Recording of Evidence through
Court Commissioner in MACT’
A. Assignment of case by court for recording of evidence-
Schedule of Evidence- Evidence shall be recorded
preferably on the same day fixed by Local Commissioner.
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If it is not possible on the same day, then on the next day.
Evidence shall continue on day to day basis, till
conclusion. Any alteration in schedule for recording of
evidence if needed shall be decided by the Ld.
Commissioner as per convenience of all concerned.
B. Recording of evidence by the Commissioner-
1. Place and Time - Court Commissioner shall record
evidence either in the sitting space available in the Court
Room or Lawyer’s Chamber or Judges/Bar Library or any
other public place within the Court Complex as mutually
agreed by both sides. Evidence shall be recorded between
10.00 AM to 5.00 PM. It can carry on beyond 5.00 PM as
well in case both parties agree. It can even be recorded on
a holiday if all the stakeholders are comfortable and agree
to the same.
2. Oath to Witnesses- Ld. Commissioner shall administer
oath to the witnesses under examination as a delegate of
the Court as per Oaths Act.
3. Chronology of Recording- Claimant shall lead the
Evidence First, followed by Respondents
chronologically - Ld. Commissioner shall proceed to
record evidence of litigating party first before examining
any other summoned witnesses.
4. Recording of Evidence- The evidence shall be preferably
typed on a computer.
5. Time Period – The evidence of a particular witness shall
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be preferably concluded on the same day or within the
shortest time possible.
In case, for any reason the parties are unable to adhere to
the time schedule, extension can be sought from the
Tribunal.
6. Exhibition of documents - Court Commissioner shall
exhibit all the documents sought to be proved by a party
on record. In case of any objection to exhibition of the
documents by either side, the objection shall be recorded
in some detail and left open with an assurance that mere
marking of such exhibits will not be treated as conclusive
proof thereof and that admissibility of such document
shall be decided by the referral Tribunal at final stage.
7. Original Documents to be Retained by Parties- Ld.
Commissioner shall make an observation in the record of
evidence of all original documents produced and he shall
sign the exhibits with an endorsement OSR wherever
necessary.
8. English Language- Ld. Local Commissioner, shall
proceed to record evidence in English language only.
9. Adjournments- Once started the examination of a
witness shall be continued on a day to day basis. In case
of any hardship viz. ill health etc. the case can be
deferred for a day or two but not more than one week. If
witness of a party is present and is available for
examination in chief and cross-examination but
opposite party or their Counsel is not available for
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evidence, only one adjournment for a witness may be
granted by LC subject to the condition that the diet
money of the witness shall be borne by the party who
is seeking adjournment and that too if LC is satisfied
that there are reasonable grounds for seeking
adjournment for evidence that particular day. No
second adjournment for cross-examining of the same
witness shall be granted by LC in any circumstances.
If no adjournment is sought and opposite party is
absent, the LC shall close the right of cross-
examination of that particular witness and proceed
further with evidence as per law.
10. Question-Answers- On the request of ld. Counsel cross-
examining the witness, portions of deposition may be
recorded in question-answer form and questions shall be
numbered for each witness.
11. Recording of Objections- All the objections raised
during cross- examination/re-examination shall be
recorded in the deposition under titled objections and
shall be left open for the decision of the Tribunal at the
stage of final arguments. Witness shall not refuse to the
answer the question raised.
12. Questions to be allowed- In case Ld. Commissioner
finds any question not related to the fact and issue, he
shall record his objection but shall allow the question to
be put and witness must answer.
13. Assisting the Witness- In case witness is unable to
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understand the question put to him, Ld. Commissioner
shall elaborate the same in an easy to understand manner
in an impartial way.
14. No Third Person Intervention- Ld. Commissioner shall
ensure that the witness is not assisted by his Ld. Counsel
or any other third party while under cross-examination.
15. Recording of Demeanor of Witness- Ld. Commissioner
shall record the demeanor of the witness where ever it is
found pertinent and necessary for sharing with the Court.
16. Witness to sign all pages- Ld. Commissioner shall obtain
signatures of both the sides on each and every page of
recording of evidence apart from signing them himself.
17. Copy of Evidence- All interested parties shall be
provided uncertified copy of the evidence recorded, free
of cost.
18. Safe keep of Original Deposition- Ld. Commissioner
shall keep the original depositions in his safe custody till
such time they are filed in the Court in original upon
completion of each witness individually.
19. Miscellaneous Proceedings- Ld. Commissioner shall
maintain a miscellaneous proceeding sheet for each day
of work and shall submit it in the Court with the report.
20. Hostile Witness- In case a witness is sought to be
declared hostile, than Ld. LC shall refer both the parties
to Court within three days for exercising powers U/s. 154
Evidence Act.
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C. Summoning of Official Witnesses-
1. Summons from the Court- In case a litigating party is
desirous of summoning an official witnesses, it shall
obtain summons from the Court with an endorsement
that witness shall appear before Ld. Commissioner for
recording of evidence on scheduled date, time and place.
2. Diet Money- Diet money shall be paid to such witness
by summoning party as per rules.
D. Advisory to Court Commissioner - While recording
the evidence on commission, the Court Commissioner
shall ensure the following:
1. Impartial- Court Commissioner shall conduct himself in
an impartial way and behave in an indiscriminate manner
while recording of evidence.
2. Polite- Court Commissioner shall be polite with the
witness and other stakeholders while recording of
evidence.
3. Confidentiality- Court Commissioner shall maintain
confidentiality during the whole process.
4. Keeping professional distance- Court Commissioner
shall not solicit professional work from the parties.
5. Integrity- Court Commissioner shall not accept
remuneration or any favour in cash or kind from the
parties over and above the honorarium fixed by the
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Tribunal.
6. Non-judgmental- Court Commissioner shall not
criticize the professional conduct of lawyers and
litigating parties on their understanding of law.
7. Punctuality- Court Commissioner shall adhere to time
schedules and shall not make excuses like being engaged
in some personal or Court work etc.
8. Coordination- In case of any unforeseen circumstances
warranting change of dates of hearing, for his own case
or the request of other side, he shall apprise the other
side in advance via phone call, email, SMS etc.
9. No third-party sharing- Court Commissioner shall not
allow the deposition to be inspected by any third party
and shall not share a copy thereof with any stranger
without permission of the Tribunal.
10. Inspection- Court Commissioner shall not allow any
party to inspect the recorded proceedings in his absence.
11. Recusal- In case either of the parties or Counsel for the
parties are related or closely known to Court
Commissioner, he/she shall recuse self from the case and
inform the referral Tribunal.
E. Remuneration of Ld. Commissioner-
1. Remuneration- In terms of Clause 30 of ‘Procedure for
Investigation of Motor Vehicle Accidents’ under Rule
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150A of Central Motor Vehicle Rules read with Order 18
Rule 4 of the CPC read with Order 26 of the CPC, Court
Commissioner shall be paid remuneration for the work
carried out.
2. Mode of Payment- Such remuneration shall be paid by
the party directly for each day's work either by way of
cash, cheque/ draft or digitally against due receipt.
3. Fee to be paid- Remuneration fee for recording of
evidence is fixed at Rs.5,000/- per witness(all inclusive),
which shall be borne by the insurance company. The
same be paid to the Ld. LC within two weeks of the
completion of the entire evidence.
4. LC Fees on days of adjournment- Though fees of LC
is to be borne by the Insurance Company as discussed
above, however, if either or all the parties seek or cause/
lead to an adjournment without any effective work/
hearing, the party or parties (as the case may be) due to
whose conduct adjournment had to be made shall pay a
sum of Rs. 1,500/- as expenses/ TA-DA to the Ld. Local
Commissioner, in case where the parties have arrived at
the fixed place and time for recording of evidence. No
cost shall be imposed where the date is adjourned prior
to the date fixed.It is further clarified that if any party
wishes to cancel any date already fixed, it shall inform
the LC two days in advance in writing through email or
by way of telephonic message. Such a request may be
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refused in case a witness is summoned for the date fixed.
F. Judicial Intervention during recording of evidence-
1. Parties to Cooperate- It is expected that both sides will
cooperate with Ld. Commissioner as well as each other
and record evidence in a peaceful manner.
2. Court Intervention- However, in case of any
unforeseen situation requiring judicial intervention, Ld.
Commissioner shall fix date and time for joint
appearance of both sides before the Court for removal of
any such impediment.
G. Miscellaneous Applications-
1. Moving the Application- In case either of the parties is
desirous of moving any miscellaneous application, they
shall share an advance copy with the opposite side and
reply thereof, if any, shall be prepared within seven
days.
2. Date of Hearing- Upon receipt of reply, both the sides
shall get the application fixed for disposal in the Court
with the help of Reader of Court and shall not wait till
next date fixed for hearing.
3. Evidence not to be stalled- It is clarified that, unless
Ld. Counsel is of the view that the application is such
that evidence cannot be recorded before its disposal, the
recording of PE/DE shall continue unabatedly.
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Ld. Local Commissioner is directed to fix date for
recording of evidence of witnesses as per the convenience of
all the parties at the earliest.
Be awaited for the Report of Ld. Local Commissioner
after conclusion of evidence of parties till the next date of
hearing.
A digital/dasti copy of this order be forwarded to
counsel for both the parties. A copy be also forwarded to Ld.
Local Commissioner. Ahlmad shall share the mobile numbers
of all the parties/ their counsel, as available on record, with the
Ld. Local Commissioner, if so requested. Ahlmad shall provide
access to the judicial file to a party on demand in the presence
of Ld. Local Commissioner. Ahlmad shall be paid a sum of
Rs. 500/- by the party concerned which seeks the judicial file.
Put up for report of Ld. LC as well as for filing of
duly filled Form XIII/XIV, recording of financial statement and
final arguments for 21.01.2027.
(Ruchika Singla)
Presiding Officer, MACT-01 (Central)
THC/Delhi/03.09.2026
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