Delhi High Court - Orders
Smt. Priya Dutt And Anr vs Ms Nishtha on 18 March, 2024
Author: Dharmesh Sharma
Bench: Dharmesh Sharma
$~58, 59 & 1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
58
+ MAC.APP. 162/2024, CM APPL. 16334/2024 (stay)
SMT. PRIYA DUTT AND ANR ..... Appellants
Through: Mr. Abhishek Awasthi & Mr.
Rohan Rai, Advs.
versus
MS NISHTHA ..... Respondent
Through: None.
59
+ MAC.APP. 163/2024, CM APPL. 16340/2024 (stay)
SMT. PRIYA DUTT AND ANR ..... Appellant
Through: Mr. Abhishek Awasthi & Mr.
Rohan Rai, Advs.
versus
SH. RAVINDER KUMAR ..... Respondent
Through: None.
1
+ MAC.APP. 152/2024 & CM APPL. 14830/2024
SMT. PRIYA DUTT AND ANR ..... Appellants
Through: Mr. Abhishek Awasthi & Mr.
Rohan Rai, Advs.
versus
SMT. RITU ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
ORDER
% 18.03.2024 CM APPL. 16335/2024 (exemption) in MAC.APP. 162/2024 CM APPL. 16341/2024 (exemption) in MAC.APP. 163/2024
1. Allowed, subject to all just exceptions.
2. The applications stand disposed of.
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 20/03/2024 at 00:18:07 APPL. 16336/2024 (delay of 27 days in re-filing) in MAC.APP.
162/2024CM APPL. 16342/2024 (delay of 27 days in re-filing) in MAC.APP. 163/2024
3. For the reasons stated in the applications and in the interest of justice, the same are allowed. Delay in re-filing the appeals is condoned.
4. The applications stand disposed of.
MAC.APP. 162/2024 MAC.APP. 163/2024 MAC.APP. 152/20245. The appellants, who are the driver and registered owner of the offending vehicle, have filed the aforesaid three appeals under Section 173 of the Motor Vehicles Act, 1988, assailing the impugned judgment-cum-award dated 26.09.2023 passed by the learned Presiding Officer, MACT-02, Central District, Tis Hazari Court, Delhi.
6. None is present for the respondents, despite advance notice.
7. Learned counsel for the appellants submits that although the offending vehicle was not insured for third-party risks, no accident had occurred involving the vehicle in question and the learned Trial Court, based on the statement made by their counsel, did not afford them an opportunity to cross-examine the witness. It is submitted that due to professional misconduct on the part of their earlier counsel before the learned Tribunal, they were also prevented from leading any evidence in the matter.
8. Insofar as the issue with regard to the factum of the accident is concerned, the learned Trial Court has given detailed findings regarding the same, holding that the accident had occurred due to rash 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 20/03/2024 at 00:18:07 and negligent driving of respondent No.1/appellant No.1 herein.
9. As regards the issue of professional misconduct on the part of their counsel, the same requires deeper examination.
10. Notice of the present appeals be issued to the respondents, by all permissible modes, including via approved courier as well.
11. The present appeals are admitted for hearing, subject to the condition that the appellants shall deposit 50% amount of the compensation with accrued interest uptill date, within four weeks from today, failing which, the respondents/claimants shall be at liberty to seek execution of the impugned judgment-cum-award.
12. Re-notify on 30.08.2024.
13. In the meanwhile, let digitized TCR be requisitioned.
DHARMESH SHARMA, J.
MARCH 18, 2024/ck 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 20/03/2024 at 00:18:07