BHAWNA vs RAMBEER & ORS

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 16.12.2025 + MAC.APP. 671/2013 BHAWNA .....Appellant Through: Mr. Manish Maini & Ms. Aastha Chauhan, Advocate. versus RAMBEER & ORS .....Respondents Through: Mr. R.K. Tripathi, Advocate for R3. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The appellant, who was the claimant before the Motor Accident Claims Tribunal [“the Tribunal”], has preferred the present appeal, assailing an award dated 02.12.2011, passed in MACT Suit No. 573/09/08. She seeks enhancement of the compensation granted to her by the Tribunal, which was for the sum of Rs.5,30,400/-, alongwith interest at the rate of 7.5% per annum. A. FACTS 2. The facts of the accident, as narrated in the award, are that on 03.08.2008, the appellant was travelling on a motorcycle bearing registration No. DL-5SZ-6505, being driven by her uncle, when they were hit by an RTV bus bearing registration No. DL-1VA-1876 [“offending vehicle”], driven by respondent No.1. The appellant sustained grievous injuries as a result of the accident, for which she was Signature Not Verified Signed By:PARUL MAC.APP. 671/2013 Page 1 of 11 VASHIST Signing Date:18.12.2025 19:12:23 first treated at Guru Teg Bahadur Hospital, Shahdara, New Delhi, and subsequently at Sushruta Trauma Centre, New Delhi, and Lok Nayak Hospital, New Delhi. At the time of the accident, the appellant was about 15 years of age. 3. The accident resulted in criminal proceedings against the driver of the offending vehicle. FIR No. 365/2008, dated 03.08.2008, under Sections 279 and 338 of the Indian Penal Code, 1860, was registered against respondent No.1 at P.S. Nand Nagri, New Delhi. B. IMPUGNED AWARD 4. The appellant filed a claim petition before the Tribunal, alleging rash and negligent