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NAVIN CHAWLA
Shukni Devi – Appellant
Versus
Jaipal Chand – Respondent
Case Overview: In MAC.APP. 395/2023, appellants Shukni Devi & Ors. challenged an award dated 26.03.2021 by the Motor Accidents Claims Tribunal-South, Saket, New Delhi, in MACT Case no.430/2018, seeking enhancement of compensation for the death of Shri Rupendra Ram in a motor vehicle accident. [11000792060002][11000792060009][11000792060010]
Condonation of Delay: The appellants filed the appeal after a delay of 772 days. Their counsel admitted oversight despite receiving instructions and preparing affidavits post-notice acceptance on 05.10.2021. The court condoned the delay, adopting a liberal approach given the appeal's nature (enhancement of motor accident compensation) and counsel's inadvertence, supported by a 24.12.2021 affidavit. [11000792060001][11000792060003][11000792060004][11000792060006][11000792060007][11000792060008]
Merits of the Appeal: The appellants argued the Tribunal erred in assessing the deceased's income using Bihar's minimum wage for unskilled labor (Rs.6,700 p.m.), claiming he worked as a cook in Delhi earning Rs.20,000 p.m., based on PW-1 (appellant no.1) and PW-2 (injured witness) testimonies and the accident report listing a Delhi address. However, no documentary proof (e.g., employer testimony, lease deed, electricity bill) or claim petition assertion supported Delhi employment/residence. The deceased's Aadhaar and bank account indicated Bihar residency. [11000792060010][11000792060011][11000792060013] (!) [11000792060014]
Court's Findings: The Tribunal correctly relied on Bihar minimum wages due to lack of cogent evidence for Delhi employment. Oral testimonies alone were insufficient without corroboration. No merit found in the appeal. [11000792060012][11000792060015]
Final Decision: Delay condoned; appeal dismissed with no costs. Exemption application allowed subject to just exceptions. [11000792060016] (!) [11000792060003]
JUDGMENT
Navin Chawla, J. (Oral)
CM APPL. 43140/2023 (Exemption)
1. Allowed, subject to all just exceptions.
CM APPL. 43141/2023
2. This application has been filed by the appellants seeking condonation of 772 days in filing the present appeal.
3. The present appeal challenges the Award dated 26.03.2021 (in short, `Impugned Award') passed by the learned Motor Accidents Claims Tribunal-South, Saket, New Delhi (hereinafter referred to as the `Tribunal') in MACT Case no.430/2018, titled Shukni Devi & Ors. v. Jaipal Chand & Anr..
4. The learned counsel for the appellants submits that the appellants/claimants in the claim petition had given instructions to him to file the appeal and had, in fact, already executed the necessary affidavits and signed the petition. It was only due to his own oversight that the appeal could not be filed.
5. On the other hand, the learned counsel for the respondent no.2 submits that the notice of the appeal filed by the respondent no.2 was issued and accepted by the appellants on 05.10.2021. In spite of accepting the notice, the present appeal was filed only on 07.08.2023, that is, with much delay. He submits that once the counsel had accepted notice o
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