DEPUTY COMMISSIONER OF POLICE vs SH. RAHUL & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 04th October, 2024 Pronounced on: 08th January, 2025 + MAC. APP. 139/2021 DEPUTY COMMISSIONER OF POLICE Provisioning and Logistics Delhi Police 5, Rajpur Road, North Delhi, New Delhi, 110049 .....Appellant Through: Mr. Anurag Ahluwalia, CGSC with Ms. Hridyanshi Sharma, Advocate. S.I. Hari Kumar, MT Traffic & S.I. Joginder Singh, Parvi Officer Traffic. versus 1. RAHUL S/o Sh. Omprakash R/o H. No. 1690, Basti Julan, Sadar Bazar, Delhi - 110006 .....Respondent No.1 2. SANJAY KUMAR (Driver) Head Constable, Delhi Police R/o 1/7485 Gali No. 14, East Gorakh Park Shahdara, Delhi- 110032 ....Respondent No.2 Through: None CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T Signature Not Verified Digitally Signed MAC. APP. 139/2021 Page 1 of 6 By:SAHIL SHARMA Signing Date:08.01.2025 18:26:19 NEENA BANSAL KRISHNA, J. CM APPL. 10699/2021 (delay) 1. An Application under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 (‘CPC’ hereinafter’) has been filed on behalf of the Appellant, seeking delay of 454 days in filing the accompanying Appeal. 2. For the reasons stated in the Application, the delay of 454 days in filing the accompanying Appeal is condoned and the Application is allowed. 3. The Application is accordingly disposed of. MAC. APP. 139/2021 4. The Appeal under Section 173 of the Motor Vehicles Act, 1988 (‘M.V. Act’ hereinafter) has been filed on behalf of the Appellant, the Deputy Commissioner of Police, to set-aside the Award dated 17.11.2018, vide which the compensation in the sum of Rs.7,75,000/- along with the interest @9% has been granted, on account of the injuries suffered by the Respondent, Mr. Rahul, aged about 27 years, in a road accident on 28.09.201