Delhi High Court Sets Aside Motor Accident Tribunal's Order To Exhume Deceased's Body For DNA Test To Verify Legal Heirs

The Delhi High Court has set aside an order passed by Motor Accident Claim Tribunal directing that the grave of a deceased man be dug up to conduct a DNA test for verifying the claim of compensation by various individuals asserting to be his legal heirs.

Justice Navin Chawla allowed the petition moved by persons claiming to be legal heirs of the deceased Sujaat Ali, who passed away in a motor vehicle accident. They challenged the Tribunal’s order dated December 12, 2022.

The Tribunal passed the exhumation order after taking into account the Detailed Accident Report (DAR) filed by the Investigating Officer. The Tribunal had observed that the petitioners are “greedy persons” who are trying to get compensation, even though they were not related to the deceased. The order was stayed by the court in February.

The court observed that the claimants are to prove their case and subsequent entitlement to compensation before the Tribunal by leading their evidence.

“The evidence so produced can always be confronted and rebutted by the respondent nos.2 to 4, being the driver, the owner, and the insurer of the Offending Vehicle, respectively, in accordance with the law. There was no warrant for the learned Tribunal to have directed the dead body of the deceased to be exhumed for purposes of carrying out the DNA,” the court said.

Justice Chawla took note of the status report which stated that the deceased’s identity was established through further investigation in form of scrutiny of Ration Card, Old Voter List, Certificate from the Pradhan of Gram Panchayat and local inquiries.

“It also reveals that the doctors at the Ganga Ram Hospital had opined that there were minimum chances of survival of the deceased despite best efforts and at this stage, the deceased was shifted to Shri Ram Murti Smarak Institute of Medical Science, Bareilly, Uttar Pradesh by the petitioner, where he expired during treatment on 30.11.2021,” the court said.

While staying the order, the court had observed that the Tribunal failed to appreciate that a DNA test cannot be ordered in a routine manner. Reliance was made on the Supreme Court ruling in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia.

Title: SUJAAT ALI (DECEASED) THROUGH LRS v. GOVERNMENT OF N.C.T OF DELHI & ORS.

Citation: 2023 LiveLaw (Del) 1162

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