SHEELO DEVI & ORS vs SURESH & ORS

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17th March 2026 + MAC.APP. 318/2019 SHEELO DEVI & ORS .....Appellants Through: Ms. Nazneen Khan, Mr Anupam Kumar Singh, Advocates. versus SURESH & ORS .....Respondents Through: Ms. Rakhi Dubey, Ms. Arpita Srivastava, Advocates for Respondent no.3/Insurance Company. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. This appeal has been filed seeking enhancement of compensation awarded at Rs.5,86,000/- along with 9% interest by Motor Accident Claims Tribunal, Shahdara District, Karkardooma Courts, Delhi (‘MACT’) vide award dated 18th July 2018, in MAC No.1363/2016, in respect of accident which occurred on 10th September 2014, when Ram Niwas (the deceased), who was travelling on his motorcycle, was hit by an offending vehicle bearing registration no. HR-16A-2801 resulting in fatal injuries. 2. The claim was filed by his wife and five children which was allowed and compensation was awarded by the MACT vide the impugned award. FIR no. 689/14 was registered under Section 279/304A of the Indian Penal Code, Signature Not Verified Digitally Signed MAC.APP. 318/2019 Page 1 of 4 By:MANISH KUMAR Signing Date:24.03.2026 12:01:38 1860 and criminal proceedings were also initiated against the driver, who was charge sheeted. The claim was made that deceased was drawing a salary of Rs.15,500/- per month, however, no document had been placed on record. Accordingly, the minimum wages for an unskilled worker in Haryana, i.e. Rs. 6,507/- per month, were taken into consideration. 3. Counsel for appellant submits that the salary certificate could not be produced during the MACT proceedings. However, the said certificate, now produced, is undated, unstamped and does not disclose the name of the issuing aut