YOGESH YADAV vs GANESH CHANDER AND ANR

Judgment text excerpt

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 12.12.2025 + MAC.APP. 793/2025 & CM APPLs. 78679-78681/2025 YOGESH YADAV .....Appellant Through: Mr. Satish Dabas, Mr. Sandeep Singh Nainwal, Advocates. versus GANESH CHANDER AND ANR .....Respondents Through: CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The appellant, who was the driver-cum-owner of a water tanker bearing registration No. HR-55K-7128 [“the insured vehicle”], assails an award of the Motor Accident Claims Tribunal [“Tribunal”] dated 18.09.2024 in MACT. No. 434/2017. 2. The impugned award, the Detailed Accident Report [“DAR”], and the evidence recorded by the Tribunal, have been filed alongwith the appeal. A. FACTS 3. The facts of the accident, as narrated in the award, are that the claimant [respondent No.1 herein] was employed as a guard with L&T Company through a security agency by the name of Shri Bala Ji Security Service. He was on duty at Gate No. 3 of Indira Gandhi Hospital, Sector- Signature Not Verified Signed By:SOMYA MAC.APP. 793/2025 Page 1 of 8 SATIJA Signing Date:13.12.2025 17:36:27 9, Dwarka, New Delhi, in the early hours of 14.09.2016, when he was hit by the insured vehicle. He sustained injuries as a result of the accident, and remained hospitalised at Shree Hospital, Sector-12, Dwarka, New Delhi, from 14.09.2016 to 30.09.2016. 4. On 05.10.2016, on the basis of the claimant’s statement made to the police, FIR No. 525/2016 was registered against the appellant, under Sections 279 and 337 of the Indian Penal Code, 1860. The police has also filed a chargesheet in the criminal proceedings. B. IMPUGNED AWARD 5. Upon submission of the DAR before the Tribunal, the Tribunal considered the case of the injured victim for compensation, in which the present appellant a