The court allowed the condonation of delay in filing the appeal and stayed the MACT award pending deposit of compensation, emphasizing the need for deeper examination of contributory negligence and financial dependency of legal heirs.

% 15.04.2024 CM APPL. 21823/2024 (Ex.)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

CM APPL. 21824/2024 (Delay of 09 days in filing the present appeal)

3. This application has been moved on behalf of the appellant seeking condonation of delay of 09 days in filing the present appeal.

4. For the reasons stated in the application, the delay of 09 days in filing the present appeal is condoned.

5. The application stands disposed of.

MAC.APP. 200/2024 and CM APPL. 21822/2024 (Stay)

6. The appellant/Insurance Company is assailing the impugned judgment-cum-award dated 20.12.2023 passed by the Presiding Officer, MACT-01, North District, Rohini Courts, Delhi.

7. None appeared on behalf of the respondents, despite advance notice.

8. Learned counsel for the appellant has urged that the deceased, who was riding a scooter was not wearing a helmet at the time of the accident, support is invited from the Post Mortem Report wherein the skull of the deceased was found fractured. Further, it is pointed out that the accident was a head-on collision with the truck. It is also submitted that the deceased was guilty of contributory negligence.

Reliance has been placed on the decision in Bijoy Kumar Dugar v. Bidyadhar Dutta & Ors. in Appeal (Civil) 3731-3732 of 2002.

9. It is urged that the deceased left behind his mother, wife and other legal heirs i.e., children who are all major and are not financially dependent upon the deceased, yet the learned Tribunal has made a deduction of 1/4th towards personal and living expenses.

10. The issue raised by the learned counsel for the appellant requires deeper examination.

11. The operation of the impugned judgment-cum-award dated 20.12.2023 is hereby stayed, subject to the appellant/Insurance Company depositing the entire amount of compensation along with accrued interest with the learned Tribunal, within four weeks from today. On such deposit, 50% of the amount of compensation be released to respondent No. 1/widow and respondent No.8/mother in terms of the directions passed by the learned Tribunal.

12. Let notice be issued to the respondents by all permissible modes including via approved courier as well. Since the main contest is between the appellant/Insurance company and the claimants, service of the present appeal upon respondents No. 9 and 10, who are the driver and registered owner of the offending vehicle respectively, is dispensed with.

13. Let digitized Trial Court Record (TCR) be requisitioned for the next date of hearing.

14. Matter be placed before the Joint Registrar (Judicial) on 28.05.2024 for completion of service and completion of pleadings.