Delhi High Court - Orders
Naresh Chand & Anr vs United India Insurance Company Ltd & Ors on 29 January, 2026
$~59 & 60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 90/2026
NARESH CHAND & ANR. .....Appellants
Through: Ms. Shantha Devi Raman, Ms.
Tanisha Gopal, Advs.
versus
UNITED INDIA INSURANCE COMPANY LTD &
ORS. .....Respondents
Through: Ms. Shruti Jain, Adv.
(60)
+ MAC.APP. 91/2026
NARESH CHAND & ANR. .....Appellants
Through: Ms. Shantha Devi Raman, Ms.
Tanisha Gopal, Advs.
versus
UNITED INDIA INSURANCE COMPANY LTD
& ORS. .....Respondents
Through: Ms. Shruti Jain, Adv.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 29.01.2026 CM APPL. 6172/2026 & CM APPL. 6173/2026 (condonation of delay in filing and re-filing) in MAC.APP. 90/2026 and CM APPL. 6221/2026 & CM APPL. 6222/2026 (condonation of delay in filing and re-filing) in MAC.APP. 91/2026
1. These applications have been filed seeking condonation of delay of 117 days in filing and 15 days in refiling the MAC.APP. 90/2026 and 117 days in filing and 22 days in refiling the MAC.APP. 91/2026 respectively.
This is a digitally signed order.
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2. On account of appellant being 66 years old and suffering from paralysis which restricts mobility, speech, and day-to-day functioning, which persisted since January 2024, , the delay stands condoned.
3. Applications stand disposed of.
MAC.APP. 90/2026 & MAC.APP. 91/2026
1. These appeals have been filed assailing impugned awards dated 31st May 2025 passed by the Motor Accident Claims Tribunal, Karkardooma Courts, Delhi ('MACT') in MACT No.184/2017 and MACT No.185/2017. Award was passed in favour of the claimants for a sum of Rs.26,60,928/- with interest @ 8% per annum in MACT No.184/2017.
2. The accident occurred on 10th December 2016 at about 03:00 P.M., when the deceased [Sh. Dariyav Singh] was riding pillion along with his companion [Sh. Pushpendra], who was driving the motorcycle.
3. The accident occurred due to a collision with a truck bearing registration no. UP-13T-0996, which was coming from the wrong side. As part of the the initial information given by an alleged eye-witness, namely Sh. Jai Singh, [who was never examined], the driver of the offending vehicle was identified as one Sh. Rajeev, whose details were furnished to the police, leading to the registration of FIR and, consequently, the filing of the charge-sheet.
4. Subsequently, however, the Insurance Company filed its written statement, wherein it stated that the driver was, in fact, Sh. Dharamvir Singh, who held a valid driving licence. On the basis of this, claimants filed an application under Order I Rule 10 of Code of Civil Procedure, 1908 ('CPC') seeking deletion of Sh. Rajeev from the array of parties and impleadment of Sh. Dharamvir Singh as the driver of the offending vehicle.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/02/2026 at 20:32:05
5. However, MACT, on the basis of police report and charge-sheet, came to the conclusion that it was Sh. Rajeev, who was driving the offending vehicle, and he was impleaded again as respondent no.5 in the claim petition by order dated 10th January 2024.
6. Sh. Rajeev filed his statement stating that he was a helper of the offending vehicle and Sh. Dharamvir Singh was the driver of offending vehicle.
7. Sh. Dharamvir Singh, as R1W1, also led his evidence admitting that he was driving the vehicle by placing his driver license as Exhibit R1W1/1.
8. Evidence of Sh. Pushpendra [PW-2] has also been adverted to by counsel for appellant, which was recorded in two parts. In 2018, he did not identify any person in particular; however, in 2024, he suggested during his cross-examination that Sh. Rajeev was the driver of offending vehicle not Sh. Dharamvir Singh.
9. Ms. Shantha Devi Raman, counsel for owner of offending vehicle, states that the the MACT has granted recovery rights against them in both the cases, one relating to injury and another relating to death, on the basis that driver of the vehicle was Sh. Rajeev, who did not hold a valid driving licence.
10. In these circumstances, issue Notice to respondent no.1.
11. Notice is accepted by Ms. Shruti Jain, Advocate on behalf of respondent no.1/Insurance Company.
12. Reply be filed within a period of three weeks. Rejoinder thereto, if any, be filed within three weeks thereafter.
13. Counsel for appellant draws attention to the Registration Certificate of the offending vehicle, which reflects that it is registered in the name of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/02/2026 at 20:32:05 Sachin (son of Sh. Naresh Chand), and despite that the same, the MACT has fastened the right of recovery upon Sh. Naresh Chand, who is a senior citizen aged about 66 years.
14. Trial Court Record (TCR) be also requisitioned and placed on record. Digital copy of the same be supplied to the counsels for the parties, if so requested.
15. Parties are referred to Pre-sitting Lok Adalat for resolution of disputes.
16. Parties shall appear either physically or through VC before the Pre- sitting Lok Adalat on 16th February 2026 at 02:30 pm.
17. Concerned officer from Insurance Company, who is authorised to take decisions, shall be present, either physically or through VC, before the Pre- sitting Lok Adalat.
18. Copy of order be sent to Secretary, Delhi High Court Legal Services Committee for information and compliance.
19. Returnable on 15th May 2026.
CM APPL. 6171/2026 (stay) in MAC.APP. 90/2026 & CM APPL. 6220/2026 (stay) in MAC.APP. 91/2026
1. Till the next date of hearing, recovery rights shall not be enforced against the appellant herein.
2. Re-notify on 15th May 2026.
3. Order be uploaded on the website of this Court.
ANISH DAYAL, J JANUARY 29, 2026/ak/tk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/02/2026 at 20:32:05