Vijay v. Lalit Kumar & ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 28.11.2019 + MAC.APP. 792/2019 & CM APPL. 41736/2019, 41737/2019 VIJAY ..... Appellant Through:

Mr. Ajay Sharma, Adv.

versus LALIT KUMAR & ANR ..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J. (Oral) 1.

The appellant impugns the award of compensation dated 11.07.2019 passed by the learned MACT in MACT No. 1014/2017 on the ground that the injured being a pharmacist could well have a nexus with the doctors at five different hospitals where he had undergone treatment, therefore, the awarded amount should be viewed with suspicion and the same should be altered. The said contention is merely preposterous. It has to be rejected because the injured has suffered fracture in his pelvic region as a result of the motor vehicular accident; the offending vehicle being driven in a rash and negligent manner by the appellant, who was under the influence of alcohol. Furthermore, each of the hospitals where the injured underwent treatment, the medical bills raised under such prescriptions have been proven. Mere suspicion upon the appellant without any proof in this regard, MAC.APP. No.792/2019

calls for no interference. In the circumstances, the appeal ought to be dismissed.

2.

However, at this stage, the learned counsel for the appellant submits upon instructions, that he seeks to withdraw the appeal. 3.

Accordingly, the appeal is dismissed as withdrawn. 4.

The statutory amount, alongwith interest accrued thereon, be returned to the appellant.

NAJMI WAZIRI, J NOVEMBER 28, 2019 kb MAC.APP. No.792/2019