DELHI STATE LEGAL SERVICES AUTHORITY DSLSA ) vs SMT. DURGAWANTI & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 19 December 2024 Judgment pronounced on: 03 February 2025 + CM(M) 500/2021 & CM APPL. 23172/2021 DELHI STATE LEGAL SERVICES AUTHORITY (DSLSA) ..… Petitioner Through: Ms. Deepali Gupta, Adv. versus SMT. DURGAWANTI & ORS. ....Respondents Through: Mr. Manish Maini, Amicus Curiae. Mr. T. Kanniappan, Adv. for R-1 to R-4. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. This Judgment shall decide the present Civil Miscellaneous (Main) Petition filed by the petitioner/DSLSA 1, invoking Article 227 of the Constitution of India, 1950, thereby assailing the impugned judgment/award dated 25.01.2021, passed by the learned Additional District Judge-01/Motor Accident Claims Tribunal (North West), Rohini Courts, Delhi [“learned Tribunal”], in MACT Case No. 217/19/17, titled Durgawanti & Ors. vs. Sh. Bhupinder Singh, whereby, in an apparently hit and run motor accident resulting in death, the claimants, being the widow, two daughters and one son of 1Delhi State Legal Services Authority Signature Not Verified CM(M) 500/2021 Digitally Signed By:PRAMOD Page 1 of 16 KUMAR VATS Signing Date:03.02.2025 16:32:20 the deceased, were awarded compensation, 90% of which is fastened upon the DSLSA. FACTUAL BACKGROUND 2. Shorn of unnecessary details, the respondents, being the legal heirs of the deceased, filed a claim for compensation under the Motor Vehicles Act, 1988, before the learned Tribunal in relation to a hit and run accident that occurred on 08.10.2016 at approximately 5:30 a.m. The accident involved the rash driving of a motorcycle bearing registration number DL-8SBE-2863, which struck the victim, Ram Dhani, inflicting fatal injuries, to which he succumbed the following day. 3. The incident led to registration of FI