The Delhi High Court has overturned a directive from the Motor Accident Claim Tribunal that required exhuming the grave of a deceased man for a DNA test. This test was intended to verify the claims of compensation put forth by several individuals who asserted their status as his legal heirs.

Justice Navin Chawla granted approval to the petition filed by individuals asserting themselves as the rightful heirs of the late Sujaat Ali, who tragically lost his life in a motor vehicle accident. These individuals contested the Tribunal's ruling dated December 12, 2022.

The Tribunal issued the exhumation order based on the Detailed Accident Report (DAR) submitted by the Investigating Officer. In its assessment, the Tribunal characterized the petitioners as "greedy individuals" attempting to claim compensation despite lacking any actual relation to the deceased. However, the court intervened and halted the order in February.

The court noted that the claimants must substantiate their case and establish their eligibility for compensation before the Tribunal by presenting 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 acknowledged the status report indicating that the deceased's identity had been confirmed through additional investigation. This included scrutinizing documents such as the Ration Card, Old Voter List, a Certificate from the Pradhan of the Gram Panchayat, and conducting local inquiries.

When granting the stay on the order, the court noted the Tribunal's oversight in understanding that a DNA test cannot be arbitrarily ordered. The court referred to the Supreme Court ruling in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia to emphasize this point.

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