$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3232/2024 MOHAMMAD GULAM SARVER & ORS. .....Petitioner Through: Mr. Arbaz Khan and Mr. Devanshu Chauhan, Advs. versus VIVEK AHUJA & ORS. .....Respondent Through: Mr. Aditya Singh and Mr. Kaman Kishor, Advs. for R-2/NIC. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 08.07.2026 1. This petition has been filed seeking setting aside of impugned orders dated 08th May 2024, and 02nd August 2023, passed by the Presiding Officer, Motor Accidents Claims Tribunal, East, Karkardooma Court, New Delhi [‘MACT/Tribunal’] in MACT No. 826 of 2019. 2. The impugned order dated 02nd August 2023, was passed recording that the counsel for Insurance Company [respondent no. 2 herein], had sought waiver of interest. The MACT observed that, considering the default on part of the petitioners/claimants, interest on the compensation, if any, that may be awarded by the Tribunal in future, shall remain waived till further orders. 3. Thereafter, a review application was filed by petitioners/claimants on 09th November 2023, explaining the reasons for delay on their part. This application was dismissed vide order dated 08th May 2024. 4. The central issue, as is evident from the averments made in the recall 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 13/07/2026 at 15:15:47 application, is that there has been substantial delay on part of the petitioners/claimants, in pursuing the claim petition before the MACT, for one reason or another. This triggered the Insurance Company to seek waiver of interest. 5. However, in the opinion of this Court, prior to concluding the inquiry and passing the final order, the MACT cannot pass a peremptory order binding the hands of the MACT for all times to come, and before a final judgment is passed. 6. Accordingly, in the opinion of this Court, the impugned order has seriously overreached, to that extent. 7. Moreover, the issue of grant of interest lies within the discretion of the MACT under Section 171 of the Motor Vehicles Act, 1988 [‘MV Act’], which empowers the Tribunal to direct payment of simple interest, at such rate and from such date, not earlier than the date of filing of the claim petition, as it may deem fit. 8. Accordingly, the MACT has complete discretion regarding the grant of interest at the time of passing the final award and disposing of the claim petition. 9. Accordingly, the impugned order is set aside and the appeal is disposed of, in accordance with the aforesaid directions. 10. Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 8, 2026/MK/ya 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 13/07/2026 at 15:15:47