Delhi High Court - Orders
Smt Manju Through Her Next Friend vs S(Ccl-Driver) & Ors on 10 October, 2023
Author: Navin Chawla
Bench: Navin Chawla
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 266/2023
SMT MANJU THROUGH HER NEXT FRIEND ..... Appellant
Through: Mr.Manish Kr. Singh, Adv. (through
VC)
versus
S(CCL-DRIVER) & ORS. ..... Respondents
Through: Ms.Aditi Pancharia, Adv. for R-2
(through VC)
Mr.Vaibhav Singh, Adv. for R-3
(through VC)
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 10.10.2023 CM APPL. 26509/2023
1. This application has been filed on behalf of the appellant to pursue this appeal through her next friend, namely Mange Lal, her husband. It is stated that post the accident, the appellant has become of unsound mind and therefore, the present appeal is to be pursued through her next friend.
2. Even the learned Tribunal in its Impugned Award has observed as under:
"(7) Here, I may note that the injured Smt. Manju had suffered paralysis and other co-morbidities on account of the accident in question pursuant to which her husband Mange Lal had filed an application under Order 32 Rule 5 CPC seeking permission to contest on her behalf, which application was allowed vide order dated 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 12/10/2023 at 12:50:37 16.11.2022. The husband of the injured Smt. Manju namely Sh. Mange Lal has examined himself as his sole witness as PW1. Here, I may note that on 23.11.2022 when the case was listed for Plaintiff's Evidence, the petitioner/ injured Smt. Manju joined the proceedings through Video Conferencing and it was observed by this Tribunal that she was almost totally paralytic and intubated with her condition deteriorating by the day."
3. In view of the above, the application is allowed. The appellant is permitted to be represented through her next friend.
CM APPL. 26510/20234. This application has been filed by the appellant seeking release of 50% of the compensation amount awarded by the learned Tribunal for meeting the day to day medical expenses of the appellant.
5. As noted hereinabove, the learned Tribunal in its Impugned Award has observed that the appellant is almost totally paralytic and incubated with her condition deteriorating by the day.
6. In view of the above circumstances, the Impugned Award is modified to the extent that 50% of the awarded amount be released in favour of the claimant forthwith. The remaining amount shall continue to be disbursed to the appellant in terms of the schedule prescribed by the learned Tribunal in the Impugned Award.
7. The application is allowed in the above terms.
MAC.APP. 266/20238. In spite of service of notice, none is appearing for the respondent no.1. The Trial Court Record is also awaited. Let the same be requisitioned 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 12/10/2023 at 12:50:37 for the next date of hearing.
9. List on 16th April, 2024.
NAVIN CHAWLA, J OCTOBER 10, 2023/ns/rp Click here to check corrigendum, if any 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 12/10/2023 at 12:50:38