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2023 Supreme(Del) 5538

ANISH DAYAL
Sabhapati – Appellant
Versus
Sandeep Gahlot & Others – Respondent


Advocates appeared:
Mr. D. Rajeshwar Rao, Ajeet Kumar & Mr. Chirag Mittal, Advocates, for the Appellant.
Mr. Pankaj Seth, Advocate for R-3 (through video conferencing).

JUDGMENT

Anish Dayal, J.

1. This petition has been filed under section 173 of the Motor Vehicles Act, 1988 ("MV Act") seeking enhancement of compensation in addition to what has been awarded vide impugned judgment and order dated 21st May, 2023 passed by the Ld. Presiding Officer, MACT-2, (South-West & Airport), Dwarka, New Delhi in case No. 42/DAR/12.

2. The appellant was injured in an accident on 24th August, 2011. At the time of accident, he was standing in a queue for making his UID card when at about 4:30 a.m. the offending car (bearing registration No. DL 5CC 6835) being driven by respondent no.1 in rash and negligent manner, came at a high speed and hit the appellant and others, who were standing there in the queue. A police case being FIR No.288 dated 24.08.2011 under sections 279/338 IPC was registered at PS Dabri. The offending vehicle was found to be under the ownership of respondent no.1 and insured with respondent no.3.

3. As per the claim of the appellant, he was 50 years old at the time of the accident and was working at a stationery shop, earning Rs.8,000/- per month and was the sole bread earner of the family. He sustained grievous injuries i.e. fracture of patella bon

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