MITHU KALIKOTEY & ORS. vs SHABBIR KHAN & ORS. (UNITED INDIA INSURANCE COMPANY LTD.)

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th January, 2025 + MAC.APP. 535/2024 & CM APPL. 59658/2024 MITHU KALIKOTEY & ORS. .....Appellants Through: Mr. S.N. Parashar, Adv. versus SHABBIR KHAN & ORS. (UNITED INDIA INSURANCE COMPANY LTD.) .....Respondents Through: CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) CM APPL. 59659/2024 (exemption from filing certified copies of the annexures) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. MAC.APP. 535/2024 3. By way of the present appeal, the appellant challenges the award (hereafter ‘impugned award’) dated 26.04.2024, passed by the learned Motor Accident Claims Tribunal (‘MACT’), Saket Courts, New Delhi, and seeks, inter alia, the following reliefs: “a) The appeal may kindly be admitted and allowed. b) The amount of compensation awarded by the Hon’ble Tribunal by MACT Petition No 456/2019, order dated 26.04.2024 may kindly be enhanced.” 4. During the course of arguments, the learned counsel for Signature Not Verified Signed By:HARMINDER MAC.APP. 535/2024 Page 1 of 6 KAUR Signing Date:29.01.2025 13:18:07 the appellants challenges the impugned award essentially on the ground that no amount should have been deducted on account of contributory negligence of the deceased. 5. Facts leading to the present appeal are, that on 21.04.2019, the deceased namely– Sh. Bijay Kumar Kalikotey, was crossing the road in front of Kalkaji Mandir, Outer Ring Road, when he was hit by the offending vehicle/ bus bearing No. DL-1PC-7801, being driven by Respondent No. 1, owned by Respondent No 2 and insured with Respondent No. 3. The injured was taken to the Hospital, however, during treatment, he succumbed to his injuries. 6. A claim petition bearing MACT No. 456