CM(M)/1984/2026 of SUKHJAN BIBI & ORS. Vs RELIANCE GENERAL INS. CO. LTD. & ORS. on 9 September 2026

O R D E R

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09.09.2026

1. This petition has been filed seeking directions for the Motor Accident Claims Tribunal [‘MACT/Tribunal’] to expeditiously conclude the matter, since the accident occurred on 18th October 2014 and the final arguments are yet to be completed.

2. Mr. Anshuman Bal, counsel for petitioners/claimants, states that the matter has been pending for completion of final arguments since the last two years.

3. The case was fixed for final arguments on 24th July 2024 and has since been listed on various dates i.e. 02nd September 2024, 21st October 2024, 09th December 2024, 13th February 2025, 09th April 2025, 23rd May 2025, 29th July 2025, 22nd September 2025, 10th November 2025, 20th January 2026, 02nd March 2026, 07th April 2026, 23rd April 2026, 20th May

2026, 28th July 2026 and 19th August 2026. However, final arguments have not been heard.

4. Court has perused the various orders passed by the Tribunal from 24th July 2024 and it transpires that in almost all the order sheets, it has been noted that there was no appearance for respondent no.1/Insurance Company, except, when, Mr. Sujit Jaiswal, Advocate appeared on 21st October 2024 and 10th November 2025. Proxy counsel on behalf of respondent no.1/Insurance Company had appeared on 02nd September 2024 and 14th March 2026.

5. There was no appearance on behalf of Insurance Company on 24th July 2024, 09th December 2024, 13th February 2025, 09th April 2025, 23rd May 2025, 29th July 2025, 20th January 2026, 07th April 2026, 23rd April 2026, 20th May 2026, 28th July 2026 and 19th August 2026.

6. Mr. Rajeev Roy, counsel for respondent no.1/Insurance Company, states the matter was partly heard by MACT yesterday and counsel for Insurance Company had appeared.

7. It is absolutely astounding that the Insurance Company chooses to be unrepresented before the MACT. The counsel for Insurance Company has appeared only once or twice, that too sporadically in the last 2 years, while the claimants anxiously await conclusion of their matter before MACT for last many years, having staked their claim for compensation since 2014, when the accident had occurred.

8. Mr. Rajeev Roy, states that the delay has also caused them harm since they have to pay interest. This can hardly be a justification for complete lack of diligence in being represented before the MACT. There is no excuse for Insurance Companies not to be represented through counsel before MACT, considering that this is the jurisdiction where Insurance Companies are expected to appear almost every day, if not every day.

9. In order to apprise the management of respondent no.1/Insurance Company, a copy of this order be sent to respondent no. 1/Insurance Company for their record. The Insurance Company ought to have some oversight with regard to diligence in their representation before the courts/MACT.

10. In any case, Mr. Rajeev Roy, counsel for Insurance Company, has taken note of the order and is expected to apprise the senior management of the Insurance Company.

11. Considering that the petitioners/claimants had to be represented before the MACT, on many dates, through their counsel and had to incur legal costs, and the Insurance Company’s counsel did not appear (on as many as 12 dates), it is only fair and just that costs of Rs. 50,000/- be paid by respondent no.1/Insurance Company to petitioners/claimants. The said costs will be paid within 2 weeks from today and proof of the same will be furnished before the MACT.

12. MACT will finalize the hearing in the matter and conclude the matter on or before 30th October 2026.

13. Petition stands disposed of. Pending applications, if any, are rendered infructuous.

14. Order be uploaded on the website of this Court.

ANISH DAYAL, J SEPTEMBER 9, 2026/RK/sp