Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ No.686/26
Rinki Vs. Himanshu Nigam
25.09.2026
Present : Mr. Ashish Dass, Ld. Counsel for the applicant through VC.
Dr. Pradeep Sharma and Mr. Naresh Kumar, Ld. Counsels
for respondent no. 1.
Mr. Avishek Kumar, Ld. Counsel for respondent no.2.
Ld. Counsels for the respondents submit that they do not wish to
file reply to the application for restoration of Detailed Accident Report
and will directly argue on the same.
They submit that once the Detailed Accident Report was
withdrawn on 07.04.2026, it cannot be restored.
They submit that claim petition is still pending before the MACT,
Saket and the petitioner cannot pursue two cases for the same relief.
Per contra, Ld. Counsel for the applicant undertakes to withdraw
the claim petition which is pending before MACT, Saket, once the
present matter is restored.
Arguments are heard and record is perused.
On 07.04.2026, the petitioner chose to withdraw the Detailed
Accident Report (DAR). While disposing of the Detailed Accident Report
(DAR), liberty was given to the petitioner to pursue his claim petition
before the Saket Court.
However, it appears that thereafter, the petitioner had a change of
mind and decided to continue his case before the present Forum. The
accident had taken place within the jurisdiction of PS Delhi Cantt., which
is within the jurisdiction of this Tribunal.
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This Tribunal is dealing with a beneficial legislation. The present
proceedings are in the nature of enquiry and strict rules of Code of Civil
Procedure do not apply.
The petitioner who is a victim of motor accident wants to pursue
his remedies before this Tribunal and has undertaken to withdrawn his
case which is pending before MACT, Saket, before the next date of
hearing.
Application for restoration of Detailed Accident Report (DAR) is
allowed. The Detailed Accident Report (DAR) is restored to its original
number.
Reply of the respondents to the Detailed Accident Report (DAR)
are already on record.
To come up for framing of issues on 06.11.2026.
(Shirish Aggarwal)
Judge/PO, MACT-01
New Delhi, 25.09.2026
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