NEW DELHI: The Delhi High Court has stayed the order of a Motor Accidents Claims Tribunal (MACT) directing the digging up of the grave of an accident victim to conduct a DNA test, observing that such a test cannot be ordered in a routine manner.
The HC was hearing a petition filed by individuals claiming to be legal heirs of one Sujaat Ali, who had died in a road accident, challenging the MACT’s order dated December 12, 2022. “Once further investigation by the police authorities has already been directed, the impugned directions for digging up of the grave of a dead person to carry out a DNA test were in my view wholly unwarranted,” Justice Rekha Palli said in an order.
The MACT issued the order to verify the compensation claim made by various persons stating to be Ali’s legal heirs. It said that the DNA test was justified to remove any doubts about the identity of the deceased.
The HC said, “Even the observations that the petitioners were greedy persons who were trying to extract compensation also appear to be unjustified.”
“In these circumstances, while granting time to the respondents to file their counter affidavit within four weeks, the operation of the impugned order is stayed till the next date. Rejoinder, if any, be filed within three weeks thereafter,” the order read.
MACTs’ mandate
Motor Accidents Claims Tribunals were created by the Motor Vehicles Act, 1988 to give quick remedy to victims of accident by motor vehicles. Section 164 of the Act states that if a person is seriously hurt, or dies due to an accident caused by a motor vehicle, the owner or insurer of that vehicle has to pay compensation. The compensation amount is J5 lakh in case of death, or J2.5 lakh in case of grievous hurt