Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: MACT 394/25
SUNITA MAURYA(P)F(319/24/UP)
Vs.
PARVEJ(CHOLA)
11.11.2025
Present: Sh. A.S. Rana, Ld. Counsel for the petitioner through
VC.
Sh. M. Ikram Raj, Ld. Counsel for respondent no. 1
with respondent no. 1.
Sh. Nitin Goel, Ld. Counsel for respondents no. 2 & 3
through VC.
WS already filed on behalf of respondents no. 2 and 3
on 29.10.2025 alongwith 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 deceased suffered injuries
in an accident that took place on
14.11.2024 at about 12:40 PM at NH-58
opposite Parag Dairy, Beghrajpur, PS
Mansoorpur, Muzaffarnagar, U.P.
involving vehicle bearing registration no.
UP-19L-2942 driven rashly and
negligently as well as owned by
respondent no.1 Parvej and insured with
respondent no.2 Cholamandalam MS
General Insurance Co. Ltd. ? OPP
2. Whether the petitioner(s) are entitled for
compensation? If so, to what amount and
from whom? OPP
3. Relief.
Contd.../-
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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. Malaika Farhat,
Advocate, Chamber No.425, Civil Wing, Tis Hazari Courts,
Delhi-110054, Enrl. No.D/10247/23 having Mobile
no.7840890660 is hereby appointed as Local Commissioner and
he/she shall file the report within 06 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.
Contd.../-
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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.
Contd.../-
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5. Time Period - Claimant’s evidence shall be concluded
within two weeks of initiation. Respondent’s Evidence
shall be concluded within two weeks after conclusion of
Claimant’s Evidence.
In case, for any reason the parties are unable to adhere to
the time schedule, extension can be sought from the
Tribunal but not beyond additional two weeks.
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
Contd.../-
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party is present and is available for examination in chief
and cross-examination but opposite party or their Counsel
is not available for evidence, only one adjournment for a
witness may be granted by LC subject to the condition
that cost of hearing of that particular day is to 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
Contd.../-
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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
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
Contd.../-
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within three days for exercising powers U/s. 154 Evidence
Act.
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.
Contd.../-
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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
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.
Contd.../-
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E. Remuneration of Ld. Commissioner-
1. Remuneration- In terms of Clause 30 of ‘Procedure for
Investigation of Motor Vehicle Accidents’ under Rule
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).
Counsel for the insurance company shall make the
payment for evidence recorded on each date as well as
expense of the Ahlmad and get it reimbursed from the
insurance company. The insurance company shall
reimburse the said amount to the counsel for the
insurance company and inform the court strictly within
two weeks of the said expenses made.
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
Contd.../-
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a sum of Rs. 1,500/- as expenses/ TA-DA to the Ld.
Local Commissioner.
It is further clarified that if any party wishes to
cancel any date already fixed, it shall inform the
LC three days in advance in writing through email
and by way of telephonic message also.
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.
Contd.../-
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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.
Parties are directed to appear before Ld. Local
Commissioner for recording of evidence of witnesses on
21.11.2025 at 2.00 pm.
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 the report of Ld. Local Commissioner for
27.01.2026.
(Ruchika Singla)
Presiding Officer, MACT-01 (Central)
THC/Delhi/11.11.2025
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