Vivek Yadav v. Gourav Chhokar & Ors.

Delhi High Court · 05 May 2025 · 2025:DHC:3393
Tara Vitasta Ganju
CM(M) 319/2025
2025:DHC:3393
civil appeal_allowed

AI Summary

The Delhi High Court modified a MACT order to release additional compensation funds immediately for the petitioner's medical expenses and loan repayment, overruling the phased payment schedule.

Full Text
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CM(M) 319/2025
HIGH COURT OF DELHI
Date of Decision: 05.05.2025
CM(M) 319/2025
VIVEK YADAV .....Petitioner
Through: Mr. Aman Sharma, Mr. Chirag Sharma, Advs.
WITH
Petitioner through VC
VERSUS
GOURAV CHHOKAR & ORS. .....Respondents
Through: Mr. Madhav Anand, Ms. Taruna Nayyan, Advs. for R-3
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)
CM APPL. 27044/2025 [For preponement of hearing]
JUDGMENT

1. This is an Application filed on behalf of the Petitioner seeking preponement of hearing in the matter.

2. In view of the order that this Court proposes to pass in the matter, it is deemed expedient to allow the Application.

3. The Application is allowed and the matter is taken up for hearing and disposal today.

4. The Application stands disposed of.

5. The present Petition has been filed by the Petitioner seeking to challenge an order dated 04.02.2025 passed by Ld. Presiding Officer, MACT 1 (North), Rohini Courts, Delhi [hereinafter referred to as ‘Impugned Order’]. By the Impugned Order, the learned Tribunal has directed the release of Rs. 10 lakhs in favour of the Petitioner in a phased manner i.e. at Rs. 10,000/- per month. It is this order that the Petitioner is aggrieved by.

6. A Coordinate Bench of this Court had by an order dated 06.03.2025 directed that a sum of Rs.2,00,000/- be released in favour of the Petitioner, after verification of the Petitioner’s identity.

7. Learned Counsel for the Petitioner submits that the treatment of the Petitioner was done at a private hospital at Gurgaon and for his treatment, a sum of Rs.3,12,783.80/- was incurred. Learned Counsel submits that the payment of the medical expenses was made on the basis of a loan taken from the relatives and that this amount is required to be returned to the relatives. 7.[1] Learned Counsel for the Petitioner also submits that the bills with respect to the treatment of the Petitioner, as undertaken in a private hospital, are annexed along with the present Petition.

8. Learned Counsel for the Respondent No.3/Insurance Company submits that the Insurance Company has no objection to the release of the medical expenses, since the entire amount has already been deposited by the Insurance Company.

9. Given the fact that the medical expenses were incurred on the treatment of the Petitioner and a sum of Rs.2,00,000/- has already been released by the Coordinate Bench of this Court, this Court deems it apposite to release a further sum of Rs.1,15,000/- to defray the medical expenses and/or any loans taken by the Petitioner or his family members.

10. Accordingly, the Impugned Order is modified to the aforegoing extent. No further directions are requisite.

11. The Petition is disposed in the aforegoing terms.