SAPNA & ORS. vs MANGAL & ORS.

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 794/2013 Date of decision: 30th January 2026 SAPNA & ORS. .....Appellants Through: Mr. S.N. Parashar and Mr. Ritik Singh, Advocates. versus MANGAL & ORS. .....Respondents Through: Ms. Niyati Jadaun, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT % ANISH DAYAL, J. (ORAL) 1. This appeal has been filed seeking enhancement of compensation awarded by Motor Accidents Claims Tribunal (‘MACT’) by award dated 02nd May 2013 (‘Impugned Award’) in MACT No. 291/2011, whereby the Tribunal awarded compensation of Rs. 9,33,752/- to the claimants along with interest @ 9% per annum. 2. The accident occurred on 25th March 2011 at about 01:05 P.M., when the deceased was travelling to Jahagir Puri on bicycle along with his wife. Subsequently, a truck driven by the respondent no.1, in rash and negligent manner and at high speed, came from behind, and hit the bicycle. As a result, they fell down and deceased came under the left front wheel of the truck and was crushed by the wheels of the truck. He was immediately taken to Dr. Baba Saheb Ambedkar Hospital, Rohini, but due to grievous injuries sustained, he passed away. MAC APP 794/2013 1 of 5 3. An FIR No. 125/2011 under Sections 279/304 IPC was registered at PS Samaypur Badli. 4. The MACT as part of the compensation towards loss of dependency awarded Rs. 7,78,752/-, calculated on the basis of wages of minimum wages of an unskilled worker at Rs. 6,084/- per month and did not award any future prospects. 5. Accordingly, Mr. S.N. Parashar, counsel for the claimant, states that it was part of the evidence on record that the deceased was running a tea stall, which is evident from testimony of PW-1, wife of the deceased, who deposed that at the time of the accident, the age