Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 30 M.A.C.T 67/22
MAIHTAB AND ORS. Vs. ICICI LOMBARD GEN. INS. CO. LTD.
AND ORS.
24.03.2026
Present: Sh. Akshay, Ld. Proxy Counsel for the claimant.
Sh. Vivek Chandra Jaiswal, Ld. Counsel for R-1/Bajaj Allianz
General Insurance Company.
Postal tracking report showing the service in respect of R-2 is placed
on record by the Ld. Counsel for the claimant and the same is kept in File No.
MACT 66/22. Accordingly, the R-2 is deemed to be served.
Despite various calls, no one is appearing on behalf of R-2 in Court
as well as on VC. Hence, R-2 is proceeded ex-parte.
Pleadings are complete. From the perusal of the record, the
following issues are framed :
1. Whether the claimant suffered injuries in a vehicular
accident that took place on 17.01.2022 at about 11:30 AM at near
Jae village Ishlam Kohlu Bhavanpur, Meerut, UP involving a
Vehicle bearing no UP-37K-6262 (offending vehicle) which was
insured with respondent no. 1/Bajaj Allianz General Insurance
Company and driven by respondent No. 2 (Driver-cum-owner)
(Owner) and? OPP.
2. Whether the claimant is entitled to any compensation ? If
so, to what extent and from whom ? OPP
3. Relief.
No other issue arises or pressed for. The Hon’ble Supreme Court in
recent judgment titled as Gohar Mohammad Vs. Uttar Pradesh State Road
Transport Corporation, Civil Appeal No. 9322 of 2022 (arising out of Special
Leave Petition (C) No. 32448 of 2018) has given specific directions as under :-
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“…….61. In our view the said contention is as per Rule 30. Where
the insurance company disputes the liability, the Claims Tribunal
is duty bound to record the evidence through the local
commissioner and the fee/expenses of such local commissioner
shall be borne by the insurance company.”
In view of the aforesaid judgment, the evidence be recorded through
Local Commissioner at the expense of Insurance Company.
Hence, Sh. Vipul Verma Advocate, Enrl. No. D/363/2024, Mob-
9650880473, Office Chamber 882 and 883, Patiala House Court, New Delhi is
appointed as Local Commissioner to record evidence of witnesses. Fee of the Local
Commissioner is fixed at Rs.5,000/- per witness, which shall be paid by the
Insurance Company. Misc. expenses shall also be borne by the Insurance
Company. Diet money of the witnesses shall be paid by the parties calling them.
Recording of evidence before the Local Commissioner shall commence w.e.f.
26.05.2026 at 02.00 pm onwards. After the list of witnesses is provided by the
parties, the evidence shall be recorded in post lunch session only. Further dates for
recording of evidence shall be given by the Local Commissioner himself. The
evidence shall be recorded as per the following Protocol :-
Recording of Evidence by Court Commissioner
1. Preparation for Assignment
i) Copy of order be shared with parties and Court Commissioner - Copy of
the order of framing of issues, appointment of Court Commissioner and the
schedule of recording of evidence shall be supplied to the parties as well as the
Court Commissioner.
ii) Parties to cooperate - It is expected of both the sides that they will
cooperate with Court Commissioner as well as with each other in recording of
evidence and carry out proceedings in a cordial manner.
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2. Recording of Evidence
i) Filing of list of witnesses- Both sides shall file list of witnesses
preferably within Three Days, but not later than one week from today while sharing
an advance copy thereof with the opposite Party/Parties.
ii) Order of assignment of Case to the Court Commissioner- While
assigning the case, Tribunal may pass an Order covering following aspects:
a) Schedule of evidence - The Claimant shall lead the Evidence First,
followed by Respondents chronologically.
Any alteration in schedule for recording of evidence, if needed, shall be
decided by the Court Commissioner as per convenience of all concerned, to the
extent possible.
b) Time Period - Claimant’s evidence shall be concluded preferably
within Four weeks of initiation. Respondent’s Evidence shall be concluded
preferably within Two Weeks after conclusion of Claimant’s Evidence.
c) Access to Copy of Trial Record - Tribunal shall ensure that the
parties as well as the Court Commissioner are provided access to copy of the
Judicial Record on demand.
d) Examination-in-Chief – The Examination-in-Chief shall be filed by
way of affidavit. Its Copy shall be supplied to opposite party well in advance.
e) Production of documents for cross-examination - In case the
opposite side is desirous of production of any document by the witness or any other
entity for the purpose of cross-examination, an application requesting the same
shall be moved well in advance before the Tribunal.
3. Duty of Court Commissioner
i) Place and Time - Court Commissioner shall record evidence in the
designated place in Court Complex. Recording of Evidence shall be started at 2:00
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PM to 4:00 PM. It can carry on beyond 4:00 PM as well in case both parties agree.
However, it shall not carry beyond 4:30 PM.
ii) Chronology of recording - Court Commissioner shall proceed to
record the examination by first recording the deposition of litigating party before
examining additional summoned witnesses.
iii) Oath to witnesses - Court Commissioner shall administer oath to the
witnesses under examination as a delegatee of the Tribunal as per Oaths Act,
1969.
iv) Recording of evidence - The evidence shall be preferably typed on a
computer.
v) 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.
vi) Original documents to be retained by parties - Original documents
shall be retained by parties. Court Commissioner shall sign the exhibits with an
endorsement OS&R (original seen and returned) wherever necessary.
vii) Language - Recording of evidence shall preferably be carried out in
English.
viii) Adjournments - In case an evidence schedule is fixed and
adjournment is sought by the opposite side, i.e. the side other than who is leading
evidence, without 24-hour advance notice, the cost of that day's proceedings
amounting to Rs.1,000/- shall be borne by the defaulting party.
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Explanation: In case a witness scheduled to be examined or under
examination is reported to be unwell or unavailable, the party leading the evidence
shall produce the next witness in line in the list for recording of evidence.
x) Recording of objections - All the objections raised during cross-
examination/re-examination shall be recorded in the deposition under title
objections and shall be left open for the decision of the Tribunal at the stage of final
arguments. Witness shall not refuse to answer the question asked.
xi) Questions to be allowed - In case Court 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.
xii) No third person intervention - Court Commissioner shall ensure that
the witness is not assisted by his Counsel or any other person while under
examination in answering the questions.
xiii) Recording of demeanour of witness - Court Commissioner shall
record the demeanour of the witness wherever it is found pertinent and necessary
for sharing with the Tribunal.
xiv) Copy of evidence - All parties shall be provided uncertified copy of
the evidence recorded, free of cost.
xv) Safe keeping of original deposition - Court Commissioner shall keep
the original depositions in his safe custody till such time they are filed in the
Tribunal in original upon completion of each witness individually.
xvi) Miscellaneous proceedings - Court Commissioner shall maintain a
miscellaneous proceeding sheet for each day of work and shall submit it in the
Court at the time of submission of final report.
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xvii) Hostile Witness - In case a witness is sought to be declared hostile,
then Court Commissioner shall refer both the parties to the Tribunal at the
earliest.
4. Miscellaneous
i) Summoning of Witness
a) Summons by Tribunal - In case a litigating party is desirous of
summoning a person for deposition or production of documents, it shall obtain
summons from the Tribunal with an endorsement that such person shall appear
before the address of Court Commissioner on scheduled date, time and place.
ii) Advisory to Court Commissioner - While recording the evidence on
commission, the Court Commissioner shall ensure the following:
a) Impartial - Court Commissioner shall conduct himself in an
impartial way and behave in an indiscriminate manner while recording of
evidence.
b) Polite - Court Commissioner shall be polite with the witness and
other stakeholders while recording of evidence.
c) Confidentiality - Court Commissioner shall maintain confidentiality
during the whole process.
d) Keeping professional distance – Court Commissioner shall not
solicit professional work from the parties.
e) 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.
f) Non-judgmental - Court Commissioner shall not criticize the
professional conduct of lawyers and litigating parties on their understanding of
law.
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g) Punctuality - Court Commissioner shall adhere to time schedules and
shall not make excuses like being engaged in some personal or Court work etc.
h) 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.
i) 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.
j) Inspection - Court Commissioner shall not allow any party to inspect
the recorded proceedings in his absence.
k) 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.
iii) Remuneration of Court Commissioner –
i. 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 PC read with Order 26 of the CPC, Court
Commissioner shall be paid remuneration for the work carried out.
ii. Mode of payment - Such remuneration shall be paid by the Insurance
Company directly for the work carried out by way of cash, cheque or digital
mode.
iii. Court Commissioner’s Fee - Fee for recording of evidence is fixed at
Rs.5,000/- per witness, all inclusive.
5. Judicial Intervention during recording of Evidence -
i. Dissolution of hindrances - In case of any conflict resulting into
hindrance recording of evidence, it shall be resolved amicably by the parties at
their own level with the active help of the Court Commissioner.
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ii. Closure of Evidence – In case a Party fails to Examine any Witness
despite opportunity, the Court Commissioner or the opposite Party can request the
Tribunal to close the right of the defaulting party to lead Evidence.
iii. Court intervention - However, in case of any unforeseen situation
requiring judicial intervention, Court Commissioner shall fix date and time for
joint appearance of both sides before the Tribunal for removal of any such
impediment.
6. Miscellaneous Applications
i. Moving the application - In case either of the parties is desirous of
moving any miscellaneous application it shall share an advance copy with the
opposite side and reply thereof, if any, shall be filed and shared within seven
days.
ii Date of hearing - Upon receipt of reply, both the sides shall get the
application fixed for disposal before the Tribunal with the help of Reader of the
Court and shall not wait till next date fixed for hearing.
iii. Evidence not to be stalled - It is clarified that, unless Court
Commissioner is of the view that the interim application moved by either of the
parties is such that evidence cannot be recorded before its disposal, the recording
of PE/RE shall continue unabatedly.
Local Commissioner shall record the proceedings of the day on the
same day and provide the copy of proceedings to all the parties concerned.
All the parties are directed to appear before the Local Commissioner
on the dates fixed, in person or through counsel.
It is made clear that if any adjournment is sought by either party before the Local
Commissioner on date fixed, shall entail cost of proceedings of Rs.1,000/- to be
paid to Local Commissioner, if Local Commissioner has come to the Tribunal for
recording evidence at the specified time.
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The LC is directed to inform the Ahlmad of the Tribunal at least two
days in advance in case of his non availability on the date fixed by him for
recording evidence, specially, when a doctor has been summoned as a witness. Ld.
Local Commissioner be notified through electronic mode.
The Local Commissioner shall make sincere endeavor to complete
the evidence on or before the next date of hearing fixed before this Tribunal. In
case the Local Commissioner is unable to complete the evidence on time, he/she
shall file a report explaining the reasons for delay.
Re-notify for filing of report by the Local Commissioner, recording of
financial statement and final arguments on 25.08.2026.
List of witnesses be filed by both the parties within two weeks from
today.
Perusal of record shows that vide order dated 05.08.2025,
application U/o 1 Rule 10 CPC was allowed and R-1/ICICI Lombard General
Insurance Co. was deleted from array of parties and in its place M/S Bajaj Allianz
General Ins. Co. Ltd. was impleaded as R-1.
Ahlmad is directed to make necessary entries in the CIS so that the
correct memo of parties is reflected.
(Abhilash Malhotra)
Judge/PO,MACT-02,PHC
New Delhi /24.03.2026(t)
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