Interim Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23 M.A.C.T 100/25
YUVRAJ RATAN Vs. ANKIT GUPTA AND ANR.
05.10.2026
Present: None has appeared for petitioner in Tribunal as well as on VC.
R-1 is already ex-parte.
Ms. Urooj Chaudhary, Ld. Counsel for R-2/Insurance Company.
IO SI Sunil Kumar in person. (PS: Tughlak Road)
SI Sunil Kumar submits that the CCTV footage from only two
angles were available which they have already filed on record and supplied to
parties. He submits that no other CCTV footage is available with them. In view of
the aforesaid, the application moved by the insurance company is disposed off.
From the perusal of the record, the following issues are framed for
adjudication:
1. Whether injured Mr. Yuvraj Ratan sustained injuries in the
accident which occurred on 20.03.2025 at about 01:00 AM
at Humanyun Road T Point, Shahjahan Road, New Delhi
due to rash and negligent driving of vehicle bearing No.
HR-26DN-6367, allegedly driven and owned by
respondent no.1 and insured with respondent no.2/Go Digit
General Insurance Company? OPP.
2. Whether the claimant is entitled to compensation? If so,
to what amount and from whom? OPP.
3. Relief.
No other issue arises or is pressed for.
The Hon’ble Supreme Court in Gohar Mohammad Vs. Uttar
Pradesh State Road Transport Corporation, Civil Appeal No. 9322 of 2022
(arising out of SLP (C) No. 32448 of 2018) has observed that where the insurance
company disputes liability, the Claims Tribunal is duty bound to record evidence
DLND01-004526-2025
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through a Local Commissioner and the fee/expenses thereof shall be borne by the
Insurance Company.
Accordingly, in order to ensure expeditious disposal of the present
claim petition, evidence in the present matter shall be recorded by a Local
Commissioner at the expense of the Insurance Company.
Hence, Ms. Disha Vohra Advocate, Enrl. No. D/3865/2023, Mob-
9868996299, Office Chamber C-266, Street No. 8, Majlis Prk, Adarsh Nagar,
Delhi-110033 is hereby appointed as Local Commissioner for recording evidence
of the witnesses.
The fees towards miscellaneous expenditure and clerkage
expenditure of Rs. 15,000/- shall be paid in MACT 168/26 only. For rest of the
cases Rs. 5,000/- per witness shall be paid by the insurance company to the Local
Commissioner. Diet money and other expenses of witnesses shall be borne by the
party summoning such witness.
The fee of the Local Commissioner shall be payable by the
Insurance Company within four weeks from the date the Local Commissioner
raises the bill and supplies the same to the Ld. Counsel for the Insurance
Company.
In case the Insurance Company fails to pay the fee of the Local
Commissioner within the aforesaid period of four weeks, an additional amount
of Rs.5,000/- shall be payable by the Insurance Company as costs to the Local
Commissioner.
The proceedings before the Local Commissioner shall commence
on 05.11.2026 at 02:00 PM. Thereafter, further dates for recording of evidence
shall be fixed by the Local Commissioner in consultation with the parties.
PROTOCOL FOR RECORDING OF EVIDENCE:
I. Preliminary Directions
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(a) Copy of this order be supplied dasti to all parties as well as to the Local
Commissioner.
(b) All parties and Ld. Counsels are expected to extend full cooperation to the
Local Commissioner and to each other so as to ensure smooth and expeditious
recording of evidence.
(c) Both sides shall file their respective list of witnesses within one week from
today after supplying advance copies to the opposite side.
(d) Only the minimum necessary number of persons shall remain present during
recording of evidence, keeping in view the limited seating capacity and paucity
of chairs available in the Court Room. It is further noted that evidence in multiple
matters is usually being recorded simultaneously in the Court Room and,
therefore, unnecessary crowding shall be avoided to ensure smooth and orderly
conduct of proceedings.
II. Schedule and Manner of Recording Evidence
(a) The claimant shall lead evidence first, followed by the respondents in
chronological order.
(b) Any alteration in the schedule, if required, may be decided by the Local
Commissioner keeping in view the convenience of all concerned.
(c) The evidence shall preferably be concluded before the next date of hearing.
After evidence of all parties is recorded, the Local Commissioner shall submit
the original record along with report before the Tribunal.
(d) The Tribunal shall provide access to the judicial record to the parties and the
Local Commissioner whenever required.
(e) Examination-in-chief shall be tendered by way of affidavit and copies thereof
shall be supplied to the opposite parties well in advance.
III. Duties and Powers of the Local Commissioner:
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(a) The Local Commissioner shall record evidence in Court Room No.33, Patiala
House Courts, New Delhi. Proceedings shall ordinarily commence at 02:00 PM
and may continue till 04:30 PM.
(b) Evidence shall be recorded by the Local Commissioner personally or through
a typist engaged at his/her expense.
(c) The Local Commissioner shall administer oath to witnesses in accordance
with the provisions of the Oaths Act, 1969.
(d) The deposition of the litigating party shall ordinarily be recorded before
examination of summoned witnesses.
(e) The Local Commissioner shall exhibit documents sought to be proved by the
parties. Any objection regarding admissibility or mode of proof shall be recorded
in detail and left open for adjudication by the Tribunal at the stage of final
arguments.
(f) Original documents shall remain with the parties. Wherever necessary, the
Local Commissioner shall endorse the exhibits with “OS&R” (Original Seen and
Returned).
(g) Evidence shall preferably be recorded in English.
(h) All objections raised during examination, cross-examination or re-
examination shall be recorded separately under the heading “Objections” and
shall be decided by the Tribunal at the final stage.
(i) Even where the Local Commissioner finds a question to be irrelevant or
objectionable, the same shall ordinarily be recorded along with objection and the
witness shall answer the same, subject to orders of the Tribunal.
(j) The Local Commissioner shall ensure that the witness is not prompted or
assisted by counsel or any third person during deposition.
(k) Wherever considered necessary, the Local Commissioner shall record the
demeanor of witnesses for consideration of the Tribunal.
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(l) Uncertified copies of evidence recorded shall be supplied to the parties free of
cost.
(m) Original depositions shall remain in safe custody of the Local Commissioner
unless those form part of the Court file.
(n) In case any party fails to examine witnesses despite sufficient opportunity, the
Local Commissioner may close the right of that party to lead evidence.
(o) The Local Commissioner shall maintain a miscellaneous proceedings sheet
for each hearing and submit the same along with the final report.
(p) In case any witness is sought to be declared hostile, the Local Commissioner
shall refer the matter to the Tribunal at the earliest.
(q) For smooth coordination and communication regarding dates and scheduling
of evidence, the Local Commissioner may create a WhatsApp group and include
the Ld. Counsels/Advocates for the parties therein. However, all members of the
said group shall maintain professional decorum and avoid sending messages at
odd hours except in cases of urgency.
(r) If no reply is received within 24 Hrs. to a message sent by the Local
Commissioner for fixing of date for recording of evidence, the Local
Commissioner may fix any date for recording of evidence as per his/her choice
and ignoring the convenience of the Counsel who has not responded.
IV. Adjournments and Costs:
If any party seeks adjournment without giving 24 hours’ prior notice, costs of
Rs.1,000/- for that day’s proceedings shall be paid to the Local Commissioner by the
defaulting party.
In case a scheduled witness is unavailable or unwell, the party leading evidence
shall endeavour to produce the next available witness from its list.
V. Summoning of Witnesses
If any party seeks summoning of witnesses or production of documents,
appropriate summons shall be obtained from the Tribunal in accordance with law.
VI. Conduct Expected from the Local Commissioner
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The Local Commissioner shall maintain impartiality, courtesy, confidentiality
and punctuality while carrying out the assignment and shall not accept any
remuneration or favour beyond the fee fixed by the Tribunal. The Local Commissioner
shall also maintain professional distance from litigants and ensure that no third party is
allowed to inspect or obtain copies of proceedings without permission of the Tribunal.
VII. Judicial Intervention During Evidence
(a) The parties shall endeavour to resolve procedural difficulties amicably with
the assistance of the Local Commissioner.
(b) Where judicial intervention becomes necessary, the Local Commissioner
shall fix a date for appearance of parties before the Tribunal for removal of such
impediment.
The Local Commissioner shall inform the Ahlmad of the Tribunal at
least two days in advance in case of non-availability on any date fixed for recording of
evidence, if any witness has been summoned.
Copy of this order be sent immediately to the Local Commissioner
through electronic mode.
The Local Commissioner shall make sincere endeavour to complete the
evidence on or before the next date of hearing fixed before this Tribunal. In case Local
Commissioner is unable to complete the evidence the evidence on time, he/she shall
file a report explaining the reasons for delay.
Put up for filing of report by the Local Commissioner, recording of
financial statement and final arguments on 22.01.2027.
List of witnesses be filed by all the parties within two weeks from today.
If there is any common witness in all the cases, then the lead case will be
considered MACT 168/26.
(Dr. Abhilash Malhotra)
Judge/PO,MACT-02,PHC
New Delhi /05.10.2026(t)
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