Meera And ANR. v. North Delhi Municipal Corporation

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 419/2022 & CM APPL. 30828/2022 (Addl.Doc) MEERA AND ANR.

.....Appellants Through:

Mr. Munawwar Naseem & Mr.

Siddharth, Advs.

versus NORTH DELHI MUNICIPAL CORPORATION .....Respondent Through:

Ms. Namrata Mukin, Standing Counsel MCD with Ms. Sakshi Saxena & Ms. Niharika Singh, Advs.

Mr. Manish Srivastava, Mr.

Moksh Arora & Mr. Santosh Ramdurg, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 27.08.2025 1.

The present appeal has been filed by the Appellants, who are the unfortunate parents of the deceased, Manish, who tragically lost his life due to electrocution. At the time of his death, he was 23 years old.

2.

The Appellants filed the writ petition seeking compensation, which was assessed by the learned Single Judge in the amount of Rs. 8,00,000/-.

3.

Learned counsel for the Appellants contended that the awarded amount of compensation is insufficient. On the other hand, the learned counsel for the Respondents submits that the sum of Rs. 8,00,000/- was awarded with the consent of the parties, and that the Appellants The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2025 at 12:41:38

have already accepted the same.

4.

The Appellants are essentially seeking compensation under the provisions of The Fatal Accidents Act, 1855. In order to assess the appropriate amount of compensation, the Appellants submit that they should be permitted to lead additional evidence. 5.

There are certain judgments wherein compensation has been assessed in writ jurisdiction. However, the determination of the exact compensation payable to the aggrieved parties is contingent upon the evidence or material placed before the Court, which may include oral testimony.

6.

In these circumstances, while declining to interfere in the present appeal, the Appellants will have liberty to avail themselves of an alternative remedy, where disputed questions of fact can be adjudicated.

7.

It shall be open to the Respondents to raise all objections, including the fact that the compensation was awarded with the consent of the parties.

8.

It is needless to observe that whenever the Appellants pursue their claim before the Appellate Forum, the same shall be decided independently, without being influenced by the observations made by the learned Single Judge.

9.

The present appeal, along with pending application(s), if any, stands disposed of in the above terms.

ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J.

AUGUST 27, 2025/v/ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2025 at 12:41:38