Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Sh Jai Veer & Anr vs Sh Lal Singh . & Ors on 6 October, 2025

                          $~57
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    MAC.APP. 647/2025
                               SH JAI VEER & ANR.                             .....Appellants
                                               Through: Mr. S.N. Parashar and Mr. Ritik
                                                           Singh, Advs.
                                               versus
                               SH LAL SINGH . & ORS.                          .....Respondents
                                               Through: Mr. Jyaditya, Adv. for R-2.
                               CORAM:
                               HON'BLE MS. JUSTICE TARA VITASTA GANJU
                                               ORDER

% 06.10.2025 CM Appl. 62569/2025[Seeking condonation of delay in filing]

1. This is an Application filed on behalf of the Appellants seeking condonation of delay of 119 days in filing the present Appeal.

2. Issue Notice. Learned Counsel for the Respondent No. 2 accepts Notice and submits that he has no objection if the prayers made in the present Application are allowed.

3. Accordingly, the delay is condoned. The Application stands disposed of.

4. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 impugning the award dated 22.02.2025 passed by the learned Presiding Officer, MACT, Tis Hazari Courts, Delhi [hereinafter referred to as "Impugned Award"]. By the Impugned Award, the compensation amount in the sum of Rs. 13,68,912/- along with interest at the rate of 7% per annum has been awarded.

5. The challenge in the present Appeal is on two grounds. Firstly, that 20% contributory negligence has been deducted from the awarded amount. Learned Counsel for the Appellants submits that there was no contributory 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 08/10/2025 at 22:08:59 negligence on the part of the deceased and thus, this amount could not have been deducted. He further submits that there is a contradictory finding that whether the deceased was crossing a Zebra Crossing or whether the accident happened after the deceased deboarded the bus.

5.1 The second ground of challenge by the Appellant is on the ground of deduction. It is contended that 3/4th deduction for loss of estate is not in accordance with the judgment of the Supreme Court in National Insurance Co. Ltd. Vs Pranay Sethi & Ors.; (2017) 16 SCC 680.

6. Issue Notice. Learned Counsel for Respondent No. 2 accepts Notice.

7. Learned Counsel for the parties jointly submit that service to Respondent No. 1 can be dispensed with since there is no breach of insurance policy. It is so directed.

8. 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.

9. List on 03.03.2026.

10. In the meantime, the parties shall file their short note of contentions in the matter, not exceeding three pages each, at least three days before the next date of hearing, along with the compilation of judgments, if any, they wish to rely upon. All judgments sought to be relied upon shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth.

11. The parties will act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J OCTOBER 6, 2025/r 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 08/10/2025 at 22:08:59