U.P. STATE ROAD TRANSPORT CORPORATION THROUGH ITS REGIONAL MANAGER vs ARVIND KUMAR & ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:16.05.2025 + MAC.APP. 636/2024 U.P. STATE ROAD TRANSPORT CORPORATION THROUGH ITS REGIONALMANAGER ..... Appellant versus ARVIND KUMAR & ANR. ..... Respondents Advocates who appeared in this case: For the Appellant : Mr. Shadab Khan, Adv. For the Respondents : Mr. S.N. Parashar, Adv. for R1 CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present appeal is filed against the award dated 06.08.2024 (hereafter ‘impugned award’) passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Saket Courts, New Delhi in MACT No. 4091/2016. 2. The brief facts of the case are that on 06.03.2012 at about 3:30 PM, the respondent along with his brother Dharamveer were going to Village Northa on a motorcycle when a bus bearing no. UP-81-AF- 1146 being driven in a rash and negligent manner came from the front side and hit the motorcycle. As a result of the same, the respondent Signature Not Verified Signed By:HARMINDER KAUR MAC.APP. 636/2024 Page 1 of 10 Signing Date:19.05.2025 17:06:16 fell down on the road and sustained grievous injuries including a fracture in the Tibia amongst other injuries. 3. Subsequently, FIR No. 44/2012 was registered under Sections 279/337/338 of the Indian Penal Code, 1860 and the chargesheet had also been filed against the appellant’s driver. By the award dated 18.05.2016, the learned predecessor Tribunal awarded compensation for a sum of ₹1,93,324/- alongwith 9% interest per annum from the date of filing of the petition. 4. This Court, by order dated 24.01.2024, considering that the respondent had suffered permanent disability owing to the injuries sustained in the motor accident that occurred on 06.03.2012, remanded the matter to the tribunal to make a fresh assessment regardin