$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 68/2026 SMT. GEETA DEVI .....Appellant Through: Mr. Rupendu Singh, Adv.

versus SH. ANIL KUMAR & ORS. .....Respondents Through: Mr. Pankaj Seth and Mr. Yuvraj Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 22.01.2026 CM APPL. 4566/2026 (Exemption

1. Exemption allowed subject to just exceptions.

2. Application stands disposed of, accordingly.

CM APPL. 4567/2026 & CM APPL. 4568/2026 (Condonation of delay

1. For the reasons, as stated in the said applications, the same are allowed.

2. Delay of 57 days in filing and 16 days in re-filing the present appeal are condoned, respectively.

3. Applications stand disposed of, accordingly.

MAC.APP. 68/2026

1. This appeal has been filed seeking enhancement of compensation awarded by impugned award dated 19^th July 2025 passed by Motor Accidents Claims Tribunal [‘MACT’], Tis Hazari Courts awarding Rs.36,91,949/- to the legal representatives (‘LRs’) of deceased/Suresh Rai.

2. Enhancement has been sought since minimum wages of a skilled worker were applied by MACT due to lack of evidence led by claimant, regarding the vocation of deceased.

3. Mr. Rupendu Singh, counsel for appellant states that the deceased had three goods vehicles with him and Registration Certificates (RC) have been placed on record, therefore, the Tribunal ought to have considered Section 44(A)(E) of Income Tax Act, 1961 where the presumptive income calculated for a vehicle up to 12,000 kilogram (LMV) is calculated @ Rs.7,500/- per vehicle per month. Determination of a benchmark income at minimum wages of a skilled worker was, therefore, fairly depressed and MACT should have considered these facts while computing the compensation.

4. Accordingly, issue notice to respondent no.3/Insurance Company.

5. Mr. Pankaj Seth, counsel accepts notice on behalf of Insurance Company. Copy of this appeal be served to him.

6. Counsel for appellant states that compensation has already been deposited before MACT, as per the directions passed.

7. Trial Court Record be also requisitioned and placed on record. Digital copy of the same be supplied to the counsels for the parties, if so requested.

8. Counsels for parties will file their respective note of arguments not exceeding three pages, synopsizing their contentions along with list of citations, which they wish to rely upon, cross-referencing PDF pages of the Court File. The same will be exchanged inter se counsels at least three days prior to the next date of hearing.

9. List on 15^th May 2026.

10. Order be uploaded on the website of this Court.

ANISH DAYAL, J JANUARY 22, 2026/MK/sp