Delhi High Court - Orders
Deepak Kumar & Anr vs Dhruv Raj (Since Deceased) Through Lrs. ... on 23 September, 2025
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 630/2025 & CM APPL. 60724-60725/2025
DEEPAK KUMAR & ANR. .....Appellants
Through: Ms. M. Asija, Advocate
versus
DHRUV RAJ (SINCE DECEASED) THROUGH LRS. AND ANR.
.....Respondents
Through: Mr. Dhananjay Gupta, Advocate for
R-1
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 23.09.2025 CM APPL. 60725/2025[Exemption from filing certified copies of annexures]
1. Allowed, subject to just exceptions.
2. The Application is disposed of.
MAC.APP. 630/2025 & CM APPL. 60724/2025 [Stay]
3. The present Appeal has been filed on behalf of the Appellants under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 04.08.2025 [hereinafter referred to as "Impugned Award"] passed by the learned Presiding Officer, MACT-01, Central, Tis Hazari Courts, Delhi. By the Impugned Award, a compensation in the sum of Rs. 22,66,234/- has been awarded to the Respondent No.1/Claimants along with interest at the rate of 9% per annum.
4. Learned Counsel appearing on behalf of the Appellants submits that 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 24/09/2025 at 22:35:58 he is representing the driver/owner of the offending vehicle. He submits that the challenge in the present Appeal is on the ground of contributory negligence. It is contended that the injured was in inebriated condition and was crossing the road not from the zebra crossing. 4.1 Secondly, it is contended that the liability has been fastened on the driver and the owner despite the injured having a valid Insurance Policy. Learned Counsel appearing on behalf of the Appellants seeks to rely upon the evidence before the learned Trial Court, where the Appellant No. 1/driver has set out that he was a pillion rider at the time of the accident. He, thus, submits that the vehicle was being driven by the Appellant No. 2/owner who possessed a valid driving license.
5. Learned Counsel for the Respondent No. 1(1.1) to (1.5), who appears on advance service, submits that as far as concerns the finding on the contributory negligence, this aspect was examined and thereafter the finding was given in favour of the injured. In addition, so far as concerns the liability, although there was a valid Insurance Policy, in view of the fact that the Appellant No. 1 did not have a valid driving license, the Insurance Company was exonerated entirely and the liability was fastened on the Appellant Nos. 1 and 2 jointly and severally.
6. Issue Notice.
6.1 Learned Counsel appearing on behalf of the Respondent No. 1(1.1) to (1.5) accepts Notice. On steps being taken, let Notice be served on the Respondent No. 2/Insurance Company. Dasti in addition. An Affidavit of service be fled within a period of two weeks.
7. Subject to the deposit of entire decretal amount inclusive of up-to-date interest within a period of 8 weeks, the operation of the Impugned Award 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 24/09/2025 at 22:35:58 shall remain stayed till the next date of hearing. In the event, there is any default in depositing the amount, the interim protection granted by this Court shall automatically stand vacated.
8 Upon deposit by the Appellants, the Respondent Nos. 1(1.1) to (1.5) are at liberty to file an appropriate Application in accordance with the law for withdrawal of the amount.
9. List before the concerned Registrar on 04.12.2025 for completion of service.
10. The Registry is directed to place on record the digital copy of the Trial Court Record duly paginated and book-marked in accordance with the rules of the High Court.
TARA VITASTA GANJU, J SEPTEMBER 23, 2025/g.joshi 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 24/09/2025 at 22:35:58