IN THE HIGH COURT OF DELHI AT NEW DELHI.

Civil Mis. App. No. of 2020

IN

MAC APPEAL NO. OF 2020

IN REF :-

Sh. Sachin ……..Appellant

Versus

Sh. Amit kumar & others ….Respondents

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT READ WITH

SECTION 151 CPC FOR CONDONATION OF DELAY IN FILING THE APPEAL
U/S 173 OF THE MOTOR VEHICLE ACT

MOST RESPECTFULLY SHOWTH:-

1. That the appellant have filed the instant Appeal against the
impugned order dated 17/03/2020 after ____days delay without any
deliberate intention and mistakenly, hence the appellant seeks the
permission of the Hon'ble Court to condone the said delay, in the
interest of justice under the facts and circumstances.

2. That the appellant being the poor litigants after the order of the Ld.
Tribunal dated 17/03/2020 could not contact their counsel due to
covid 19 Pandemic and only when the cheques were deposited then
he contacted the counsel for the release of the compensation and
only then they came to know about their rights of filing the instant
appeal against the impugned order.

3. That after receiving of compensation in the month of September

2020 appellant went to his native village due to some mis
happening and since the applicant suffered multiple fractures on
his body he was not able to return to his counsel for filling the
instant appeal when applicant contacted his counsel in end of
October 2020 only then counsel was able to prepare the appeal
and to file it before the Hon'ble Court which is having a delay of
_____ days.

It is, therefore, prayed that the above mentioned delay of

______days is neither intentional nor deliberate but due to
the above mentioned reason and if the instant application is
not allowed the same would cause irreparable loss and
injury to the appellant and if the application is allowed the
same would not cause any prejudice to anybody.

Delhi APPELLANT/APPLICANT

Dated :

Through

(POOJA GOEL & ASSOCIATES)

Advocates for the

Appellant Ch.No.D-227, 2 nd Floor,

Chambers for lawyers,

Karkardooma Court Complex, Delhi.

 IN THE HIGH COURT OF DELHI AT NEW DELHI.
Civil Mis. App. No. of 2020

IN

MAC APPEAL NO. OF 2020

IN REF :-

Sh. Sachin ……..Appellant

Versus

Sh. Amit kumar & others ….Respondents

AFFIDAVIT

I, Sachin S/O SH DARSHAN LAL AGED 44 YRS R/o H.NO- B -272/1, GALI NO
12, BHAJANPURA, DELHI 53 do hereby solemnly affirm and declare as

under:-

1. That the deponent is the applicant in the accompanying application and well
conversant with the contents of the same as such am competent to swear this
affidavit . Accompanying application has been drafted by my counsel on my
instructions and the same has been read over to me vernacularly which is
correct and true to my knowledge.

2. That the appellant has filled the present appeal after some time of delay
against the impugned order dated 17/03/20 , kindly condone the same as there
is no fault on part of appellant. The contents of application may be read as part
of this affidavit the same are not repeated for the sake of brevity.

DEPONENT

VERIFICATION
Verified at Delhi on this day of 2020 that the contents of my
above affidavit are true to my knowledge and nothing has been concealed
there from.

DEPONENT
 IN THE HIGH COURT OF DELHI AT NEW DELHI.
MAC APPEAL NO. OF 2020

(Through video conferencing )

IN REF :-

Sh. Sachin ……..Appellant

Versus

Sh. Amit kumar & others ….Respondents

INDEX

S.NO. PARTICULARS COURT FEES PAGES

1. Brief Synopsis of case along with

Brief computation

2. Urgent Application Rs 3

3. Memo of Parties

4. Notice of Motion

5. Opening sheet

6. Appeal U/S 173 of the Motor Vehicle Act A /w affidavit

7. Policy of insurance

8. Annexure-A-1 Copy of Impugned Award dated 17-03-20 Rs 3

9. Application for condo nation of delay along with Affidavit. Rs 3

10. Application for exemption from filling certified copy, dim annexture

etc. with Affidavit. Rs 3

11. Vakalatnama. Rs 3

Note : No notice of Caveat has been Received till date,

No Similar connected case filed / pending before this Hon’ble court

Insurance policy not relied upon only for reference

Delhi
APPELLANT

Dated: Through Counsel

(MRS.POOJA GOEL)
 IN THE HIGH COURT OF DELHI AT NEW DELHI.
Civil Mis. App. No. of 2020

IN

MAC APPEAL NO. OF 2020

IN REF :-

Sh. Sachin ……..Appellant

Versus

Sh. Amit kumar & others ….Respondents

URGENT APPLICATION

To

The Registrar

High Court of Delhi, New Delhi.

Sir,

Will you please have the accompanying Application, heard and decide
urgently as per the High Court rules and orders.

The Ground of urgency is that the appellant has filled the instant appeal for
enhancement and awarding of compensation.

Delhi
APPELLANT

Dated: Through

Counsel

(MRS.POOJA GOEL)
 IN THE HIGH COURT OF DELHI AT NEW DELHI.
MAC APPEAL NO. OF 2020

IN REF :-

Sh. Sachin ……..Appellant

Versus

Sh. Amit kumar & others ….Respondents

APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT 1988 AS AMENDED

UPTO AGAINST THE IMPUNGED ORDER DATED 17/03/20 PASSED BY THE

LD. COURT OF MS TYAGITA SINGH P.O. MACT, DELHI IN DAR NO. D- 55/2018

TITLED AS “SH. SACHIN V/S SH. AMIT KUMAR & OTHERS” FOR

ENHANCMENT OF COMPNESATION AND FOR THE PAYMENT OF

COMPENSATION FOR THE PERMANENT DISABILITY SUFFERED BY THE

APPELLANT, INJURED WITH COSTS AND INTEREST.

MOST RESPECTFULLY SHOWETH:-

1. That the present appeal is being filed by the appellant against the impugned

judgment order dated 17/03/2020 passed by the Ld. Court of MS. Tyagita

Singh , P. O. MACT, Delhi in DAR no. D - 55/18 wherein the Ld. Trial Court has

passed an award Rs. 11,86,500/- along with interest @ 9% p.a. from the date

of petition till the date of realization in favour of the Appellant and against the

Respondents. The copy of the impugned order is annexed hereto as

Annexure A-1.

BRIEF FACTS:-

1. That 9/12/2017 Was An Unfortunate Day In Life Of Appellant Around 09:30

A.M. In The Morning When Petitioner Was Driving His Motorcycle No. DL – 5 SAW-

1020 At A Moderate Speed On Correct Side Of The Road Following Rules Of Road

Quite Cautiously Going Towards His office at karol bagh from his house , When He

Reached At 3 ½ pusta ,Kartar Nagar , Delhi Suddenly A TSR No. DL 1RS 9651, Being

Driven By Respondent No.1 At A Very High Speed Rashly And Negligently Without
Taking Due Cautions And Without Following The Rules Of Road, Came from Shastri

Park side and Hit The Petitioner As A Result The Petitioner Sustained Serious And

Grevious Injuries And Was Immediately Taken To Jag Pravesh Chandra Hospital Delhi

In Pathetic Condition .The Driver Of Offending vehicle Arrested By Police And A Case

Of Rash And Negligent Driving Registered Against Vehicle Driver(Amit Kumar ) At New

Usman Pur Police Station U/S 279/338 I.P.C F.I.R No. 1170/17. Respondent No.1 Was

Driving Offending Vehicle At A High Speed Rashly And Negligently Resulting Into 65%

Permanent Disability Of Appellant.

2. That Petitioner Was Immediately Taken To Jag Pravesh Chandra Hospital,

Delhi On 9/12/2017 but he was referred to G.T. B. Hospital and thereafter

reffered to Safdarjung hospital for Operation where appellant Was operated On

13/12/17 and Discharged after amputation of Great toe On Strict Advise Of Bed

Rest. Petitioner again visited at safdarjung Hospital on various dates in OPD for

further Treatment of his injuries . Petitioner Suffered Problem Again And Again

For The Injury As Per Treatment Record Which Is Exhibited Documents EX PW

1/2 COLLY 20 SHEETS

3. That Petitioner Sustain Severe Injuries To The Both limbs

FRACTURE PROXIMAL TIBIA, 1ST METATOSE 5TH
METACARPAL AND AMPUTATION OF GREAT TOE RIGHT, OPEN GRADE III
FRACTURE PROXIMAL TIBIA RIGHT OPEN REDUCTION AND
INTERNL FIXATOR DONE FRACTURE PROXIMAL PHALLAX, CLOSED
FRACTURE 5TH METATOES and others Grevious Injuries As Per Medical
Records. and suffered 65 % permanent disability in relation to Right
upper and lower limbs Injuries Are Still Not Cured.

4. That Petitioner Possessed Good Health Before Accident Was Looking After

Entire Home Affairs Besides His Carrier, Appellant Was working as tailor/

skilled worker at Karol Bagh and was privately employed at Delhi and Was

Earning Rs 18,000/- P.M.. Petitioner Has Suffered Loss Of Earning Capacity

And Inability To Do Routine Work Efficiently Able To Do Work Activities For

The Whole Life And Mental Agony Which Is Suffering Daily Can Not

Be Explained In Words. Disability Certificate showing thereby 65% disability

 in relation to right upper and lower limbs is also placed on record. AS. EX. PW

2/1

5. That Driver and owner vehemently denied any involvement in the accident

however Driver filed written statement and submitted that petition is not

maintainable against the Respondent and is liable to be rejected being

without cause of action as no such accident as alleged had taken place by

the alleged vehicle. Respondent No 2 did not filled any WS However

Respondent no 3 Bharti Axa Insurance Filled their WS admitting the policy

and also filled Legal offer as there was not any Statutory defence available to

insurance .

6. During evidence, petitioner examined himself as PW-1-, who proved the rash

and negligent on behalf of Respondent no.1. and produced complete medical

record including Medical treatment and bills, Ex. PW-1/3 are original medical

bills . Ex. PW-1/2 are original treatment record and discharge summary, PW-

2/1 is the original Disability certificate showing 65% permanent disability in

relation to right upper and lower limbs. The Petitioner also submitted that he

incurred conveyance expenses of Rs. 35,000/- and attendant charges

@8000/- pm and the Nutritious Diet amounting to Rs. 25,000.

7. That the Respondents did not lead their evidence and the RE was closed and

final arguments were heard and the Petitioner also submitted and filed the

Judgements on record.

That aggrieved by the judgment of the Ld. Tribunal dated 17.03.2020 on the

point of Quantum, the Appellant herein most respectfully seeks to Appeal to this

Hon’ble Court for the enhancement of the award amount on the following

grounds amongst others: -

GROUNDS OF APPEAL:

1. That the Ld. Trial Court has mechanically passed the order exercising

its jurisdiction illegally and with material irregularity and has passed a

non speaking order. The impugned final award as such, if not

 enhanced, will result in gross miscarriage of justice and irreparable

injury and damage to the Appellant who has lost his body and original

framework.

2. That the Ld. Trial Court has passed the order with material irregularity

and without going into the merits of the case. The quantum awarded by

the Ld. Tribunal is on the lower side and is not based on the law of

land. The order passed by the Ld.Trial Court is against the facts, law

and evidence available on record..

3. That the Ld. Trial Court overlook the condition of Petitioner and the extent of

disability suffered by the Petitioner in this accident which has ruined the whole

life of Petitioner, who is leading a miserable life and is not able to work as

both the right lower and upper limbs is not working properly and having pain

all the time , hence his disability has to be considered atleast 50% of whole

body and not the 35% of the whole body. The Ld. Trial Court failed to

appreciate that when a person suffered the disability he cannot work with his

other part of the body and the disability suffered by him made him 100%

disabled to work or even to do his daily courses of life as the Petitioner was

working as tailor and now both upper and lower limbs are having disability

leading to inefficient working as tailor . The Ld. Trial Court wrongly calculated

the future loss of income at Rs.9,98,424/-.

4. That the learned Tribunal has utterly failed to discharge the duty casted by

Motor Vehicle Act and awarded only Rs.30,000/- under the head of mental

pain and sufferings, whereas the sufferings of the Petitioner can never be

compensated in terms of money and a meager amount of Rs.30,000/- is the

mockery of social justice, when the Petitioner suffered the disability, at least a

sum of Rs.1,00,000/- must have been awarded for pain and agony suffered by

the Appellant.

5. The learned Tribunal did not take into consideration while awarding

compensation towards conveyance and better diet and his further treatment

on various dates and only a sum of Rs. 10,000/- towards conveyance and
 better diet, is on the lower side and at least a sum of Rs.50,000/- should have

been awarded under this head.

6. That the Ld. Tribunal ignored the Attendant charges and must have been

awarded at least a sum of Rs. 1,00,000/- should have been awarded under

this head.

7. That the Ld. Tribunal wrongly taken the loss of present income for only 5

months and awarded only Rs. 67,920/- under this head, whereas the Ld.

Tribunal should have awarded atleast a sum of rs 82,340 loss of income .

8 That Tribunal did not awarded any sum of Rs. for litigation charges, whereas

atleast a sum of Rs. 20,000/- should have been awarded under this head.

9 That the Ld.Trial Court has acted without diligence and has not applied

its mind to the aspects of the case properly and duly as the Ld.Trial

Court has failed to take into consideration the future prospect of the

petitioner who could have attained high profits in his business in future

and could have earn a higher income in near future.The tribunal had

not awarded any compensation towards loss of amenities of life and

disfigurement caused to the appellant due to this accident.

10 That the Ld.Trial Court has failed to appreciate the points and various

judgment referred and even failed to appreciate and refer and discuses

the same in the impugned order as if the Ld.Trial Court has ignored it

and passed the order mechanically. The Ld.Trial Court has intentionally

ignored the provisions of law and judgments of Hon’ble Supreme Court

And of this Hon’ble High Court for the reasons best known to the court.

11 That the Ld. Tribunal has erred in computing the income of the Appellant. The

Ld. Tribunal failed to appreciate that the income of the Appellant would have

increased with the flux of time.

12 That the Ld. Tribunal failed to appreciate that the Appellant has become totally

crippled and 100% disabled qua his profession and avocation and is

unemployed due to his right lower and upper limbs injury from the date of

accident.
13 That the Ld. Tribunal has erred in not awarding compensation for enjoyment of

life, for frustration and for reduction of working capacity, the Ld. Tribunal ought

to have awarded specific amount under specific heads as laid down in reported

case Sh.Rattan Lal Mehta Versus Rajinder Kapoor 1996 ACJ, 372, (D.B.)

Delhi as under :- “Quantum – Injury – Principles of assessment – Pecuniary

damages – Itemisation of various heads – Pecuniary losses are divided into (i)

Special Damages or Pre-trial pecuniary loss, (ii) Prospective loss of earnings

and profits, and (iii) cost of future care and other expenses”.

---“Non-Pecuniary damages are divided into sub heads – (i) Pain

and Suffering, (ii) Loss of amenities of life, (iii) Loss of expectation

of life, (iv) disfigurement and (v) discomfort or inconvenience.”

14. That the Ld.Trial Court has passed the orders on his observations giving

his own interpretations as per his whims and fancies and wrongly arriving

to a decision. The Hon’ble Delhi High court and The Hon’ble supreme court

has held in various judgments and laws of compensation for permanent disability

has been laid down in various judjements such as Arun Sondhi . VS. DTC

1(2001)ACC 615, Miss Ragini VS Raju & otrs 98(2002)DLT 65 Hc Rahul VS

Shanti Lal I (2009) ACC 263 Shaiya Timoli VS Sabhan 1(2009) ACC 674 DB

Mohd. Abdul Kalam VS C. Shriniwas III (2009) ACC 757 DB R.D. Hatangadi VS

M/S Pest control India Basavraj Vs Shekhar 1987 ACJ 1022 law discussed

Gandhari Ramesh VS Janardhan 1999 ACJ 816 DR. Mrs. K . R. Tandon VS om

Parkash 1999 ACJ 9299 SC loss of enjoyment of life Rs. 1,00,000/- was awarded

15. That the Ld.Trial Court has given an erroneous opinion and has arrived

to a misconceived judgment and the impugned award is based on

surmises and conjecture.

16. That the appellants have not preferred any other appeal against the

impugned award dated 17-03-2020 before this Hon’ble Court or any

other court. The appellant received the awarded amount from the Ld.

Tribunal without prejudice to their rights before this hon’ble Court

17. Hence, the present appeal with prayers to this Hon'ble Court to amend the

order dated 17/03/2020 and allow the instant appeal by enhancement of the

impugned award.

PRAYER

In view of law, facts and submissions made above it is most

respectfully prayed that this Hon’ble Court may graciously be pleased:-

(A) To admit the appeal and summon the original records in DAR no.

D - 55/18 titled Sh. Sachin V/S Sh. Amit Kumar & Ors from the court

of Ms.Tyagita Singh Judge Mact, Courts, Delhi

(B). To accept the present appeal, and modify, the impugned award

dated 17-03-2020 by Enhancing the compensation amount, and

claim petition may be allowed and Enhanced , disbursement of

entire awarded amount to appellant in view facts and grounds

mentioned above in the interest of justice.

(C) To accept the present appeal, and modify the impugned award

dated 17-03-2020 by enhancing the compensation amount in

view of facts and grounds mentioned above in the interest of

justice.

(D) To allow costs of the appeal

(E) Such other or further orders be passed and relief granted as this

Hon’ble Court deems fit and proper under the facts and

circumstances of the case in favour of the appellant.

Delhi
APPELLANT

Dated: Through

Counsel

(MRS.POOJA GOEL)

D-227, KKD COURTS

DELHI
 IN THE HIGH COURT OF DELHI AT NEW DELHI.
MAC APPEAL NO. OF 2020

IN REF :-

Sh. Sachin ……..Appellant

Versus

Sh. Amit kumar & others ….Respondents

AFFIDAVIT

I, Sachin S/O SH DARSHAN LAL AGED 44 YRS R/o H.NO- B -272/1,

GALI NO 12, BHAJANPURA, DELHI 53 do hereby solemnly affirm and

declare as under:-

1. That the deponent has filed an accompanying appeal and the contents whereof
may kindly read as part and parcel of this affidavit as the same are not being
repeated here for the sake of brevity.

2. That the accompanying appeal has been drafted by my counsel on my

instructions and the same has been read over to me vernacularly which is
correct and true to my knowledge I understand the contents of my Affidavit and
Appeal.

3. That the appellant has not filled any other or similar appeal against the
impugned order dated 17/03/20, in this Hon’ble court or Hon’ble Supreme Court
of India.

DEPONENT

VERIFICATION
Verified at Delhi on this day of 2020 that the contents of my
above affidavit are true to my knowledge and nothing has been concealed
there from.

DEPONENT
 IN THE HIGH COURT OF DELHI AT NEW DELHI.
MAC APPEAL NO. OF 2020

IN REF :-

Sh. Sachin ……..Appellant

Versus

Sh. Amit kumar & others ….Respondents

SYNOPSIS OF THE CASE

Sir,
The appellant above named most respectfully showith:---

S.NO. DATES PARTICULARS

(1). 09/12/2017 Accident took place and FIR was
Registered against the Respondent.
(2) 15/02/2018 The DAR was filed before the
LD. M.A.C.T
(3). 06/03/2018 Dar was stayed sine die as petitioner was under
treatment and could not attended court for evidence
(4) . 2/07/2019 The application for revival of petition filled
(5). 13/01/2020 The petition was revived to its original position
(6). 12/02/2020 The petitioners and respondent evidence was closed
(7). 26/02/2020 The petitioner filed judgments
Before the Learned M.A.CT and argued
The matter orally.

(8). 17/03/2020 The impugned award/final award was

passed by the Hon’ble M.A.C.T
(9). /11/2020 The Appeal is filled with CONDONATION OF
Delay
Delhi
APPELLANT
Dated: Through
(MRS.POOJA GOEL)
ADVOCATE
 IN THE HIGH COURT OF DELHI AT NEW DELHI.
MAC APPEAL NO. OF 2020

IN REF :-

Sh. Sachin ……..Appellant

Versus

Sh. Amit kumar & others ….Respondents

(Appeal against order dated 17.03.2020 passed by Ms. Tyagita Singh, PO MACT, NORTH EAST,
Delhi in Dar no. 55/2018 in case titled Sachin v/s Sh. Amit Kumar & Ors.)

MEMO OF PARTIES

1. SACHIN S/O SH DARSHAN LAL AGED 44 YRS

R/o H.NO- B -272/1, GALI NO 12, BHAJANPURA, DELHI 53

APPELLANT
VERSUS

1. SH. AMIT KUMAR S/O CHANDER PAL

R/O- K 28, STREET NO 49, SADATPUR EXTN.,
KARAWAL NAGAR , DELHI - 110094
DRIVER
2. SH MANOJ KUMAR S/O SH DAYA SHANKAR
R/O- 328/1, GALI NO 1-D, C BLOCK, MUKUND VIHAR
KARAWAL NAGAR, DELHI 110094 OWNER

3. BHARTI AXA GENERAL INSURANCE CO. LTD

7TH FLOOR, MERCANTILE HOUSE, 15 K.G. MARG,
CONNAUGHT PLACE, NEW DELHI – 110001.
INSURANCE COMPANY

RESPODENTS
APPELLANT
DELHI THROUGH

Dated (POOJA GOEL & ASSOCIATES )

IN THE HIGH COURT OF DELHI AT NEW DELHI.

 MAC APPEAL NO. OF 2020

IN REF :-

Sh. Sachin ……..Appellant

Versus

Sh. Amit kumar & others ….Respondents

FORMAT OF BRIEF SYNOPSIS OF SUBMISSION TO BE FILED

ALONGWITH THE APPEAL IN INJURY CASES.

1. Date of Accident 09.12.2017

2. Name of The Injured Sachin

3. Age of The Injured 42 years.

4. Occupation of The Injured WORKING AS tailor at karol bagh delhi

5. Income of The Injured Rs. 16,468/- P.M.( MW of skilled worker )

6. Nature of Injury Serious Grievous Injuries

FRACTURE PROXIMAL TIBIA, 1ST METATOSE
5TH METACARPAL AND AMPUTATION OF GREAT TOE RIGHT, OPEN GRADE III
FRACTURE PROXIMAL TIBIA RIGHT

7. Medical treatment taken by Injured OPEN REDUCTION AND

INTERNL FIXATOR DONE FRACTURE PROXIMAL PHALLAX, CLOSED FRACTURE
5TH METATOES

8. Period of Hospitalization
That the Appellant taken to JPC
hospital on 9/12/17 however injury was grevious he was taken to GTB
Hospital, GTB reffered to Sufdarjung for amputation of great toe
where surgeries were performed on 13/12/2017and discharged, OPD
Treatment taken thereafter
9. Whether Any Permanent

Disability ? If Yes, gives details. Yes 65% in relation to RT.

Upper and Lower Limbs.

10. Computation of Compensation.

S. AWARD BY THE
HEADS CLAIM IN APPEAL
No. TRIBUNAL

A PECUNIARY LOSS:

1. Expenditure on treatment 10,000/- 10,000/-

Expenditure on
10,000/- 25,000/-
conveyance.
2.

Expenditure on Special
10,000/- 30,000/-
Diet.
3..

Cost of nursing
10,000/-
4. /attendant 50,000/-

Loss Of earning
5. 9,98,424/- 17,29,140/-
capacity

Loss of income during 16,468/-

6. 13,584x 5= 67,920/-
treatment. X5=82,340/-

Any other loss which

may require any
7. special treatment or NA
aid to the injured for
the rest of his life

NON-PECUNIARY
B
LOSS:-
 Compensation for
1. mental and physical NIL 50,000/-
shock.

2. Pain and Sufferings 30,000/- 1,00,000/-

Loss of Amenities of
3. 50,000/- 1,00,000/-
Life

4. Disfiguration NIL/- 50000/-

Loss of Matrimonial
5. NIL 50,000/-
life

LOSS of
earning,inconvenience
,hardships,disappoint
6. ment,frustration,ment NIL 50,000/-
al stress, dejection,
and unhappy-ness in
future life

DISABILITY RESULTING IN LOSS OF EARNING

C.
CAPACITY

Percentage of [16,468+
disability assessed [13,584+ 25%(4117)=20,5
and the nature of 25%(3396)=16,980] 85]
1.
disability as (16,980x12x14x35%) (20,585x12x14x
permanent or = 9,98,424/- 50%)=
temporary. 17,29,140/-

Loss of amenities or
loss of expectation of
2. NIL 30,000/-
life span on account of
disability

3.
Percentage of loss of [13,584+ [16,468+
 25%(4117)=20,5
25%(3396)=16,980] 85]
earning capacity in
relation to disability. (16,980x12x14x35%) (20,585x12x14x
= 9,98,424/- 50%)=
17,29,140/-

[16,468+
[13,584+ 25%(4117)=20,5
Loss of Futue Income 25%(3396)=16,980] 85]
4. (income X%Earning
Capacity XMultiplier) (16,980x12x14x35%) (20,585x12x14x
= 9,98,424/- 50%)=
17,29,140/-

TOTAL COMPENSATION 11, 86, 500/- 23,56,480/-

INTREST AWARDED 9% 9%

BRIEF GROUNDS OF APPEAL:-

KINDLY REFER TO MEMORANDUM OF APPEAL, GROUNDS OF

APPEAL.

Appellant

DELHI

DATED : Through

(MRS.POOJA GOEL)

Advocate

IN THE HIGH COURT OF DELHI AT NEW DELHI.

Civil Mis. App. No. of 2020

IN
 MAC APPEAL NO. OF 2020

IN REF :-

Sh. Sachin ……..Appellant

Versus

Sh. Amit kumar & others ….Respondents

APPLICATION U/S 151 CPC FOR EXEMPTION FROM FILLING THE CERTIFIED
COPY OF ORDER DATED 17/03/2020 , FAIR TYPED COPY OF DIM ANNEXURES
AND HAND WRITTEN ANNEXURES AND ENGLISH TYPED COPY OF
VERNACULARS

MOST RESPECTFULLY SHOWETH:-

1.That the present appeal is being filed by the appellant against the impugned
judgment order dated 17/03/2020 passed by the Ld. Court of Ms. Tyagita singh ,
Judge Mact, Delhi.

2. That The Applicants undertakes to file the certified copy of order dated
17/03/2020 fair typed copy of dim annexure, the true typed/photo copies of dim
annexure, hand written annexure and English typed copy of vernaculars as and
when the same will be available with the Applicant.

3. That applicant are filling the true copy of the same for the time being because the
matter is an urgent nature.

PRAYER

It is therefore , most respectfully prayed that the applicant may kindly be

exempted from filling the certified copy of order dated 17/03/2020 fair typed copy of
dim annexure, and Hand Written Annexures and English Typed Copy Of Vernaculars
and true copy of same be ordered to be taken on record in the interest of justice.

PRAYED ACCORDINGLY Appellant

DELHI

DATED : Through (MRS.POOJA GOEL)

Advocate

IN THE HIGH COURT OF DELHI AT NEW DELHI.

MAC APPEAL NO. OF 2020
 IN REF :-

Sh. Sachin ……..Appellant

Versus

Sh. Amit kumar & others ….Respondents

AFFIDAVIT

I, Sachin S/O SH DARSHAN LAL AGED 44 YRS R/o H.NO- B -272/1, GALI
NO 12, BHAJANPURA, DELHI 53 do hereby solemnly affirm and declare as

under:-

1. That the deponent is the applicant in the accompanying application and well
conversant with the contents of the same as such am competent to swear this
affidavit . Accompanying application has been drafted by my counsel on my
instructions and the same has been read over to me vernacularly which is
correct and true to my knowledge.

2. The contents of application may be read as part of this affidavit the same are
not repeated for the sake of brevity.

DEPONENT

VERIFICATION
Verified at Delhi on this day of 2020 that the contents of my
above affidavit are true to my knowledge and nothing has been concealed
there from.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI.

MAC APPEAL NO. OF 2020

IN REF :-
 Sh. Sachin ……..Appellant

Versus

Sh. Amit kumar & others ….Respondents

NOTICE OF MOTION

Take Notice that the accompanying appeal , on behalf of appellant is being

filed in the above noted case, copy of which is enclosed for your record. All the
concerned parties have been served.

Delhi APPELLANT

Dated :

Through

(PUJA GOYAL & ASSOCIATES)

Advocates for the

Appellants Ch.No.227, 2 n d Floor,

Chambers for lawyers,

Karkardooma Court Complex, Delhi.

To

Bharti Axa General Insurance Company Ltd.