Neelam Devi & ORS. v. Kanwar Pal & ORS.

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 377/2026 & CM APPL. 10702/2026 NEELAM DEVI & ORS.

.....Petitioners Through:

Mr. Nitesh Baliyan, Adv.

versus KANWAR PAL & ORS.

.....Respondents Through:

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 16.02.2026 1.

This petition has been filed assailing order dated 23rd May 2022 and 13th January 2026, passed by the Motor Accident Claims Tribunal-02, South East, Saket, Delhi ["MACT"], seeking restoration of MACT Case No.429/2020. 2.

A claim petition was filed before the MACT with respect to accident that occurred on 26th September 2020 in Ghaziabad, Uttar Pradesh, in which husband of petitioner no.1 expired. The claim petition was instituted in Delhi since one of the offices of Insurance Company is situated within the territorial jurisdiction of the MACT.

3.

The MACT passed an order on 23rd May 2022, observing that the claim petition was doubtful / suspicions of a being a false claim, and sent the matter to the Registrar General of this Court to take further action, and adjourned it sine die.

4.

Said decision was taken noting the directions passed by the Supreme Court in the decision of Shafiq Ahmed V. ICICI Lombard General Insurance Co. Ltd. Special Leave Petition (Civil) No. 1110/2017. Relevant portion of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

said directions, as extracted in Tribunal's order is as under: 5.

Considering that no report was received, a restoration application was moved before the MACT on 21st February 2023. In the meantime, a chargesheet had been filed by the police before the Additional Chief Judicial Magistrate [ACJM], Ghaziabad, noting that the accident had occurred due to rash and negligent driving of respondent no.1, driver of the offending vehicle, which was owned by respondent no.2.

6.

By order dated 13th January 2026, the MACT put the matter up for further proceedings on 17th February 2026 for ascertaining the proceedings/outcome of the Special Investigation Team ['SIT']. 7.

In this view of the matter, the Registrar General of this Court shall file a status report indicating the steps taken pursuant to the order dated 23rd May 2022 and the directions of the Supreme Court, as noted above, with respect to this matter, and whether there is an SIT. Status report shall be sent by the Registrar General of this Court to the MACT within next two weeks. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

In case there is any SIT report, same be appended along with the status report.

9.

A copy thereof be sent to the MACT with a copy to Mr. Nitesh Baliyan, counsel for petitioner herein.

10.

The MACT shall accordingly re-notify the matter for 2nd March 2026. 11.

Copy of this order be sent to the Registrar General of this Court. 12.

This petition is disposed of with these directions. 13.

Pending application is rendered infructuous.

14.

Order be uploaded on the website of this Court. ANISH DAYAL, J FEBRUARY 16, 2026/sm/tk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.