The Manager Mail Motors & Anr vs Manoj Kumar
2019 Latest Caselaw 4602 Del

$~11
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                Decided on: 25.09.2019

+      MAC.APP. 937/2017 & CM APPL. 38612/2017, 38610/2017
       THE MANAGER MAIL MOTORS & ANR                      ..... Appellants
                          Through:     Mr. Dev. P. Bhardwaj, CGSC
                                       alongwith Mr. Jatin Teotia, Advocate.
                          versus

       MANOJ KUMAR                                        ..... Respondent
                          Through:     Mr. Arihant Jain, Advocate.

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

1. This appeal impugns the award of compensation dated 22.04.2017 passed by the learned MACT in MACP No. 8A/16 on two grounds: (i) that the deceased did not have a valid driving licence and (ii) that since he was not duly licensed to drive a motor vehicle, he cannot presume to be competent or skilled to drive his motor vehicle, therefore, there would be a corollary contributory negligence apropos the motor-vehicular accident.

2. On a query put to the learned counsel for the appellant whether this issue was raised before the learned MACT, the answer is in the negative.

3. The impugned order shows that there is no discussion apropos this issue. The evident reason is that in their reply, the appellant had not raised any such contention.

4. The learned counsel for the appellant submits that indeed no such issue has been raised in the reply to the Claim Petition or during the arguments before the learned MACT.

5. In view of the above, no case is made out to interfere with the impugned order.

6. There is no merit in the appeal. It is, accordingly, dismissed. The pending applications are also dismissed.

NAJMI WAZIRI, J SEPTEMBER 25, 2019 RW