JAYANT NATH
Mohini – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
Jayant Nath, J.
1. The present writ petition is filed seeking a writ of mandamus/directions to direct respondent No.3, namely, Delhi State Legal Services Authority to award maximum suitable compensation with interest under the Delhi Victim Compensation Scheme 2011 for the loss of life suffered in a road accident by the husband of the petitioner. A declaration is also sought that Section 4 of the said scheme is unconstitutional.
2. The brief facts giving rise to filing of the present writ petition are that the husband of the petitioner, namely, Shri Gopal Singh Chauhan on 03.09.2012 met with a road accident with an unknown vehicle on Rafi Marg, New Delhi. He expired on 08.09.2012. An FIR under Section 279/338/304A IPC was registered at P.S. Tughlak Road. The accident was caused by some unidentified/unknown vehicle and the accused/driver of the offending vehicle could not be traced. An untraced report was filed in the concerned court which was accepted on 29.01.2013.
3. It is urged that the petitioner who is the wife of the deceased, due to the sudden demise of her husba
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