Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: MACT NO. 385/2025
Rekha Vs. Shivam @ Abhina
07.11.2025
Fresh claim petition is filed. It be checked and registered.
Present: Sh. Yash Sharma, Ld. counsel for the petitioner through
VC.
Submission heard during which on enquiry, Ld. Counsel
submits that jurisdiction of this tribunal has been made on the basis of
address of respondent No.3/Insurance Company.
Heard and perused the record.
On filing of certified copies of documents of criminal case
record along with PF/RC/courier, let notice be issued to the
respondents by all the prescribed modes, including notice through the
Ld. District Judge / Senior Civil Judge concerned for the next date of
hearing. Process be taken
dasti, if desired.
In terms of provisions contained in Clause 31 of the
Modified Claim Tribunal Agreed Procedure, as amended vide order
dated
07.12.2018 of the
Hon'ble Delhi High Court in the case of
Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors., FAO No. 842/2003, all
the claimant(s) is/are directed to open MACT Claims SB Accounts in
any of the nationalized banks near the place of his/her/their
residence(s) and Manager of the concerned bank is directed not to
issue any cheque book and/or debit card to the claimant(s) and if the
same has/have already been issued, to cancel the same and to make an
endorsement on the passbook of the claimant(s) that no cheque book
and/or debit card shall be issued without the permission of the Court.
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However, the concerned bank shall permit the claimant (s) to withdraw
money from his/her/their savings bank account (s) by means of a
withdrawal form.
In
Bajaj Allianz General Insurance Company Private Ltd.
Vs. Union of India & Ors, Writ Petition No. 534/2020, IA No.
132263/2020 decided on 16.03.2021, the Hon'ble Supreme Court of
India has passed the following directions and the same is reproduced
for the ease of reference:
“(v) The aspect of disparity in the Source
(TDS) certificate in Tax Deduction Motor
Accident at Claims, wherein from 10% to
20% dependent on whether the claimants
have a Pan Card or not can be redressed by a
direction that the Legal Services Authority or
any Agency/Mediation Group should assist
the claimant for obtaining a Pan Card, where
the claimant does not have one, in order to
avoid 20% deduction of tax at source. The
format of the applications for compensation
and motor accidents claims is being modified
by inserting the relevant column just after the
requirement to set out whether the is income
tax assessee or not and whether the claimant
has a Pan Card or not and or not and in case
has a Pan Card to provide the Pan No. and in
case the application is so pending, to provide
the application/Reference No. The formats of
the applications across the country be
suitably amended to facilitate this process.”
Therefore, providing PAN Card details before the
passing of award is mandatory and as directed by the Hon'ble
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Supreme Court of India, assistance of DLSA can always be
obtained by the party, if it so desires.
A copy of this order be also given dasti to the claimant(s)
and he/she/they is/are directed to produce the passbook with
necessary endorsement, as well as his/her/their Aadhar card and
PAN card before this tribunal on the next date.
Re-notify on 14.11.2025.
(Abhilash Malhotra)
Judge/PO,MACT-02,PHC
New Delhi /07.11.2025
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