Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19
EX 514/26
SHANKAR LAL
Vs.
VIKAS
13.05.2026
Present: Sh. Abhishek Ram Tripathi, Ld. Counsel for the DH
through VC.
Sh. B.K. Tiwari, Bailiff, SDM office, Rajouri
Garden in person.
Report filed from SDM office that upon inquiry no
person by the name of Vikas was found to be residing at the
given address. Further the arrest warrants had also been issued
against the JD. The concerned official is discharged.
Perusal of record shows that this is a matter where
the vehicle was not insured. As per the relevant rules, in such a
case the vehicle cannot be released on superdari. Rule 6 of the
Delhi Motor Accidents Claims Tribunal Rules 2008 provides
that :
“(2) Where the motor vehicle is not covered by
a policy of insurance against third party risks,
or when registered owner of the motor vehicle
fails to furnish copy of such policy in
circumstance mentioned in sub-rule (1), the
motor vehicle shall be sold off in public
auction by the magistrate having jurisdiction
over the area where accident occurred, on
expiry of three months of the vehicle being
taken in possession by the investigating police
officer, and proceeds thereof shall be deposited
Contd.../-
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with the Claims Tribunal having jurisdiction
over the area in question, within fifteen days
for purpose of satisfying the compensation that
may have been awarded, or may be awarded in
a claim case arising out of such accident.”
The same has also been approved by the Hon’ble
Supreme Court in case titled as Jai Prakash Vs. National
Insurance Company, AIR Online 2009 SC 518. In view of the
same, the concerned Ld. JMFC is directed to initiate proceedings
for the auction of the offending vehicle and for deposition of the
auction proceeds in the account of this Tribunal. Report be
called from the court of Ld. JMFC for the NDOH.
Put up for further proceedings for 29.07.2026.
Copy of order be sent to the court of Ld. JMFC.
(Ruchika Singla)
Presiding Officer, MACT-01 (Central)
THC/Delhi/13.05.2026
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