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2025 DAILYLAW 6289 (DEL)

JIM PARKER RAJ v. SHYAMA & ORS. (RELIANCE GENERAL INSURANCE CO. LTD.)

MAC.APP./829/2025 · 2026-08-31

Anish Dayal

body2025

Judgment text

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$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC011071662025 + MAC.APP. 829/2025 & CM APPL. 82285/2025 JIM PARKER RAJ .....Appellant Through: Mr. Krishnesh Bapat, Ms. Ishita Chowdhary, Advocates. versus SHYAMA & ORS. (RELIANCE GENERAL INSURANCE CO. LTD.) .....Respondents Through: Ms. Smita Bankoti, Mr. Ashish Sheoran, Advocates for Respondent nos.1-7. Mr. Siddhartha Shankar Ray, CGSC, Ms. Sonali Modi, Mr. Mukul Dev, Advs. for UOI. Ms. Suman Bagga, Ms. Mouli Sharma, Advs. for Bajaj Allianz General Insurance Co. Ltd. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 31.08.2026 1. The matter is being taken up today, since 27th August 2026 was declared as Court holiday in view of Notification no. 85/ G-4/Genl.-I/DHC dated 21st August 2026. 2. Ms. Suman Bagga, counsel for Bajaj Allianz General Insurance Company Limited [‘Insurance Company’], states, on instructions, that the offending vehicle i.e. the Honda City car bearing registration no. 77-CD-190 was indeed insured by the Insurance Company in respect of ‘third-party 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 05/09/2026 at 10:19:39 liability’. 3. Ms. Suman Bagga, counsel for Insurance Company, further states that since the aforesaid aspect was not before the Motor Accident Claims Tribunal, Patiala House Courts, New Delhi [‘MACT/Tribunal’], and has, therefore, not been considered by it, the matter be remanded back to the MACT for determination on basis of the said Insurance Cover. 4. Accordingly, impugned award dated 21st November 2025, passed by the MACT, fastening liability upon the driver and the owner of the offending vehicle, is set aside. 5. In view of the above, matter is remanded back to the MACT for fresh determination and directions. 6. Considering that the accident occurred way back in 2020, that the matter has remained pending since then on account of the issue being connected with the diplomatic mission, and that the claimants are yet to receive compensation, the MACT may dispose of the matter as expeditiously as possible, but certainly within a period of five months. 7. Notice had been issued to the Ministry of External Affairs [‘MEA’] vide order dated 03rd August 2026, in order to ascertain some aspects relating to the owner of the offending vehicle [Mr. Donovan S. Johnson/respondent no. 9]. 8. Mr. Siddhartha Shankar Ray, Central Government Standing Counsel [‘CGSC’], appears on behalf of the MEA, and takes note of the aforesaid remand. He, states, on instructions, that they shall provide assistance to the MACT, if so required. 9. Needless to say, the parties shall have a right to examine and cross- examine witnesses. 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 05/09/2026 at 10:19:39 10. Considering the history of this matter, the Court expects the parties to not seek unnecessary adjournments before the MACT. 11. List before the MACT on 15th September 2026. 12. Appeal stands disposed of, with above directions. 13. Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 31, 2026/ak/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 05/09/2026 at 10:19:39