The Delhi High Court dismissed the DICMC's appeal against an accident compensation award, holding that ESIC payments are pecuniary advances unrelated to liability under the Motor Vehicles Act 1988. The court directed the appellant to satisfy the award.
Appellant directed to satisfy the Tribunal's award.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 02nd August, 2017
D.T.C.
..... Appellant
Through: Mr. Jyotindra Kumar, Advocate
versus
HARISH AHUJA & ANR. ..... Respondent
Through: Mr. Krishna Chandra Dubey, Advocate for R-1
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
Page 1 of 2
MAC Appeal No.377/2005
compensation towards mental pain, agony and loss of enjoyment of life.
R.K.GAUBA, J.
AUGUST 02, 2017 yg
Page 2 of 2
MAC Appeal No.377/2005
3 issues framed by the court
Whether the compensation awarded under Section 166 of the Motor Vehicles Act must be reduced by the amount received from the Employees' State Insurance Act.
Whether receipt of pecuniary advantage from ESIC correlates with liability under the Motor Vehicles Act.
Whether the Motor Accident Claimant's appeal against non-deduction of ESIC amount has substance.
Colour shows how this judgement treated each authority
Helen C. Rebello and Ors. Vs. Maharashtra State Road Transport Corporation and Anr.Relied on¶3
Helen C. Rebello and Ors., Vs. Maharashtra State Road Transport Corporation and Anr., 1999 (1) SCC 90 · Who else cites this
Vimal Kanwar and Ors. Vs. Kishore Dan and Ors.Relied on¶3
Vimal Kanwar and Ors. Vs. Kishore Dan and Ors., (2013) 7 SCC 476 · Who else cites this
2 provisions across 2 enactments
D.T.C.
HARISH AHUJA
R.K.GAUBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
