Order 3

Order Details: COPY OF ORDER
Pdf Text: 15 M A C T 641/26
RONIT KHATRI Vs. MUKESH YADAV
28.09.2026
Present: Sh. Bhanu Pratap, Ld. proxy counsel for petitioner.
None for R1 and R2.
Sh. Sujeet Kumar Jaiswal, Ld. counsel for
R3/insurance.
Ld. counsel for R3/insurance has filed reply to
petition, taken on record. Copy supplied.
R1 and R2 have served on LDOH, despite that they
have not filed their reply. Therefore, they are proceeded exparte.
On the basis of pleadings, documents and material
on record following issues are framed as under:-
1. Whether petitioner Minor Ronit Khatri,
S/o Sh. Manish Khatri suffered injuries in
road traffic accident on 12.01.2026 at about
05:00 am, between Mahuva and Rajula due
to rash and negligent driving of offending
vehicle
	bearing
	registration
no.GJ-06BX05682 which was being driven
by driver Mukesh Yadav S/o Sh. Shobharam
Yadav on the said date, time and place?
OPP.
2. Whether the petitioner/injured is entitled
for compensation, if so, to what amount and
from whom? OPP.
3. Relief.
-- 1 of 9 --
No other issue arises or pressed upon.
Lately, Central Motor Vehicle Rules, 1989 have
been amended by way of Central Motor Vehicles (5 th
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. Jyoti Pareek,
Advocate Enrl No.D/5802-A/2018, Mob. no.81684-45206,
Chamber No.1309, Rohini Court Complex, Delhi is hereby
appointed as LC and she shall file the report within 10 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. If it is not possible
-- 2 of 9 --
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. Local
Commissioner is directed to inform the Ahlmad at least one day
before the date fixed for evidence.
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 within the
Court Complex as mutually agreed by both sides. Evidence shall
be recorded between 02.00 PM to 4.30 PM.
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.
5. Time Period - Claimant’s evidence shall be concluded within
Four 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
-- 3 of 9 --
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 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-
-- 4 of 9 --
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 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
-- 5 of 9 --
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 within
three days for exercising powers U/s. 154 Evidence Act.
C. Summoning of Witness(es) / Records-
1. Summons from the Court- In case a litigating party is desirous
of summoning witness(es)/ records, it shall obtain summons from
the Court with an endorsement that witness/ Authorised Person
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.
-- 6 of 9 --
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.
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
-- 7 of 9 --
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 after conclusion of evidence, within 30 days of
furnishing the bills alongwith pan card, copy of cancelled
cheque/passbook, copy of evidence and copy of order in PDF
format.
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 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-
5. 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.
6. Court Intervention- However, in case of any unforeseen
situation requiring judicial intervention, Ld. Commissioner shall
-- 8 of 9 --
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 in with the help of
Reader of the Court and shall not wait till next date fixed for
hearing.
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.
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.
Matter be listed for report of ld. LC, on 16.11.2026.
(Vikram)
DJ-1+ MACT,
N/W, Rohini Courts,
28.09.2026
-- 9 of 9 --