Compensation awarded to dependents on death of ‘X’ due to motor accident and enhanced in Appeal by Delhi High Court


Mohd. Khan (name changed) suffered fatal injuries in motor vehicle accident which occurred in February, 2013 at Azadpur, Delhi involving Tata Truck being driven in rash and negligent manner and without following traffic rules. The deceased was survival by his wife Fatima (name changed) and three children. The FIR of the incident was registered at P.S. Jahangirpuri and DAR was filed by the police which was treated as claim petition under Section 166 (4) of Motor Vehicle Act.

Since the deceased belong to lower middle class and was the only bread earner of his family therefore, after his death, his wife Fatima was feeling great financial hardship for the survival of her family which consisted of three dependent children. Through one of his son, she approached our NGO and sought free legal aid for conducting her above stated claim petition before the Ld. MACT Court. In view of the poor condition of claimants and overall facts and circumstances of the case, we accepted their brief and represented them before the Ld. MACT and contested their claim for the compensation for the death of Mohd. Khan on pro bono basis purely on humanitarian and compassionate ground. Our volunteer advocate represented the claimants and conducted the Trial on their behalf and the final arguments in this case were advanced by our Chief Trustee Sh. Ajay Garg, Advocate. The Ld. MACT Court was pleased to award dated 26.04.2018 total compensation to the tune of Rs.26,44,000/- alongwith interest @ 9% p.a. from 2013 till the date of its realisation in favour of the claimants and against the respondent/insurance.

Aggrieved by the award of Rs.26,44,000/- to the claimants the insurance filed an appeal i.e. MAC APP No.676/2018 before the Hon’ble High Court of Delhi. On the request of the claimants, we continued to provide our Free Legal Aid to them and filed an appeal i.e. MAC APP No.137/2019 against the insurance for the enhancement of the amount awarded by the Ld. MACT Court. The Vakalatnama was also filed by us on behalf of the claimants to contest the above stated appeal of the insurance.

Our Chief Trustee Mr. Ajay Garg, Advocate advanced the final arguments in the above mentioned appeal on behalf of the claimants and the Hon’ble High Court of Delhi vide order dated 13.12.2019 was pleased to dismiss the appeal of insurance being meritless and enhanced the compensation amount as awarded by Ld. MACT Court and granted additional amount of Rs.3,60,000/- in favour of the claimants.