BERSHADSKA TETYANA & ORS. v. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
CM(M)/703/2026 · 2026-04-06
Anish Dayal
Special Leave Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 1019 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1019 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~72 * IN THEHIGH COURTOF DELHIAT NEW DELHI + CM(M) 703/2026, CM APPL. 21132/2026 & CM APPL. 21133/2026
BERSHADSKA TETYANA & ORS.
.....Petitioner
Through: Mr. Nitin Garg, Advocate.
versus
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. .....Respondent Through: Ms. Manu Kushwaha, Advocate for BAGIC.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R %
06.04.2026
1. This petition has been filed assailing the impugned order dated 21st February 2026, passed by the Motor Accidents Claims Tribunal (‘MACT’), South-West, Dwarka Courts [hereinafter, ‘Tribunal’] in Ex. Civil 81/2026, which was put up for further proceedings on 6th April 2026 and has now been listed on 20th April 2026. 2. The facts of the matter are that petitioner no.1's husband died in a road accident in Delhi on 01st June 2008. MACT awarded compensation by an award dated 21st March 2013, which was, thereafter, enhanced in appeal by this Court by judgment dated 14th January 2021 by this court in MAC APP. 491/2013. 3. A Special Leave Petition (‘SLP’) filed by respondent/Insurance 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 09/04/2026 at 12:14:51
Company was dismissed by the Supreme Court on 17th February 2025. On 26th March 2025, the respondent/Insurance Company deposited Rs. 5,33,68,735/- before the Tribunal, but the amount was short of Rs. 16,10,188/-. 4. In respect of the shortfall, an application was filed on 18th November 2025, but was withdrawn by the petitioners with liberty to file an Execution Petition before the MACT, Dwarka Courts. 5. In the meantime, the Insurance Company has presented a cheque of Rs.14,50,000/- in lieu of the shortfall, which was presented before the Tribunal in the Execution Proceedings. However, the prayer for immediate release in the Execution Petition has not been granted by the Tribunal. 6. It has been stated by Mr. Nitin Garg, counsel for petitioner, who has filed the petition on behalf of petitioners, that considering that petitioners are residents of Ukraine and given the war situation in Ukraine, they are unable to take benefit of postal services, and therefore, could not sign the petition. Petitioners have, therefore, authorised their counsel vide an email dated 27th February 2026. 7. An account was opened with Axis Bank, Nai Sarak, Chandani Chowk Branch, Delhi, in the name of petitioner no. 1 on 16th July 2025 for the deposit of compensation amount. Details of the said account are as under:
“Name: Tetyana Mykhaylivna Bershadska Account Number: 925010033260892 IFSC Code: UTIB0005630 Axis Bank, Nai Sarak, Chandani Chowk Branch, Delhi”
8. Mr.
Garg, therefore, seeks directions that the cheque of Rs. 14,50,000/- which has been presented by Insurance Company be permitted 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 09/04/2026 at 12:14:51
to be deposited in the said account, in order that the compensation amount is duly secured in the designated account of petitioner no. 1. Extract of the cheque presented by the Insurance Company is as under:
9. There is no objection by counsel, Ms. Manu Kushwaha, counsel for Insurance Company, to the prayer made in this petition. 10. Accordingly, the petition is disposed of with directions that the counsel for petitioner is permitted to deposit the said cheque in the designated bank account, as noted above. 11. Petition, is, disposed of accordingly. 12.
Order be uploaded on the website of this Court.
ANISH DAYAL, J APRIL 6, 2026/RK/sp
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 09/04/2026 at 12:14:51