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2013 DAILYLAW 2799 (DEL)

SMT KRISHNA & ORS v. SH PREM SINGH KHATRI & ORS

MAC.APP./820/2013 · 2026-08-11

Anish Dayal

body2013

Judgment text

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$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC011239252013 + MAC.APP. 820/2013 SMT KRISHNA & ORS .....Appellants Through: Ms. Nazneen Khan, Mr. Anupam Kumar Singh, Advocates. versus SH PREM SINGH KHATRI & ORS .....Respondents Through: Ms. Rakhi Dubey, Ms. Arpita Srivastava, Advocates for Respondent no.3/ Insurance Company. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 11.08.2026 1. This appeal has been filed by claimants claiming compensation which was denied and rejected by the Motor Accident Claims Tribunal, Rohini Courts, Delhi (‘MACT/Tribunal’) vide award dated 15th February 2013 in MAC Petition No.1396/2008, while awarding compensation of Rs.5,12,200/- to the father and two minor sons of the deceased. 2. Ms. Nazneen Khan, counsel for appellant, points out that the appellant/Smt. Krishna had stated that she was the wife of deceased. However, when the question of proving the marriage came up before the MACT, it was held that she could not prove the same and, therefore, compensation was denied to her, while it was awarded to the father of deceased and two minor This is a digitally signed order. 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 18/08/2026 at 11:35:30 children of deceased. 3. Ms. Khan, seeks to rely upon the testimony of Omwati (PW5), who stated that she had attended the marriage of Krishna with Vikas (hereinafter, ‘deceased’), which took place in the month of January 1993. However, there are serious inconsistencies in this testimony. 4. Firstly, she states that appellant/Smt. Krishna was the granddaughter of her grandfather, in which case, it would make her a family member and a relative. However, she further states she cannot tell the name of the father of appellant/ Smt. Krishna or to the place where she belonged. 5. Secondly, she further stated that she knew Shri Bhagwan who was the brother-in-law of appellant/Smt. Krishna, who has expired. In cross- examination, she further stated, she did not know where the barat came from and garlands were exchanged in a mandir. She did not know whether Darshna, wife of Shri Bhagwan and appellant/Smt. Krishna were related to each other, though she states that he was the brother-in-law of Krishna. 6. Aside from this, reliance has been placed by counsel for appellant, on the record of criminal proceedings in FIR No. 63/1999 registered under Section 302, 34 of IPC at P.S. Narela Industrial Area, Delhi in which, the deceased was accused of having killed Shri Bhagwan, who was allegedly the husband of appellant/Smt. Krishna. Even though he was later acquitted, the testimony in criminal proceedings have been relied upon. MACT has assessed this in detail in paragraph 8 of the award which does not require to be reproduced. Further, the MACT after a detailed assessment provides its finding in paragraph 29 of the impugned award. 7. There was a serious contradiction in the deposition of appellant/ Smt. Krishna before the criminal courts in relation to whether she was married to This is a digitally signed order. 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 18/08/2026 at 11:35:30 Shri Bhagwan or deceased. No records of the marriage (s) have been produced. Moreover, in the murder trial, appellant/Smt. Krishna’s identity was recorded as the wife of Shri Bhagwan and she admitted she was living with him after the death of her sister Darshna, who was previously married to Shri Bhagwan. 8. The Court has also assessed the testimony of Prabhu Dayal, father of Shri Bhagwan (PW16), who had stated that Shri Bhagwan had gotten married to appellant/Krishna in 1975. 9. Having perused the impugned award and the assessment of MACT, as well as, the testimonies on record, the Court is not inclined to grant any relief to the appellant herein. 10. Accordingly, appeal stands dismissed. Pending applications, if any, are rendered infructuous. 11. Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 11, 2026/ak/sp This is a digitally signed order. 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 18/08/2026 at 11:35:30