BIMLA DEVI & ORS vs NARENDER YADAV & ORS (NATIONAL INSURANCE CO LTD)

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 15.12.2025 + MAC.APP. 625/2015 BIMLA DEVI & ORS .....Appellants Through: Mr. Pankaj Gupta, Advocate. versus NARENDER YADAV & ORS (NATIONAL INSURANCE CO LTD) .....Respondent Through: Ms. Archana Gaur and Ms. Ridhima Gaur, Advocate for NIC. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The appellants, who were the claimants before the Motor Accident Claims Tribunal [“the Tribunal”], have preferred the present appeal against an award dated 09.04.2015, passed in MACT No. 250/2012, arising out of a fatal accident resulting in the death of Mr. Dushyant Kumar. They seek enhancement of the compensation granted to them by the impugned award, which was in the sum of Rs.12,52,779/- alongwith interest at the rate of 9% per annum. FACTS 2. The facts, as stated in the impugned award, are that on 19.09.2012 at about 10:00 PM, the deceased was riding a scooty alongwith one – Ms. Payal Srivastava, near Anand Vihar, when the scooty was struck by a Heavy Goods Vehicle [“HGV”] container bearing registration No. HR- 38J-6095. The occupants of the scooty were dragged for some distance, sustaining crush injuries. They were taken to Dr. Hedgewar Hospital, Signature Not Verified Signed By:PARUL VASHIST MAC.APP. 625/2015 Page 1 of 12 Signing Date:17.12.2025 11:14:05 where they were declared “Brought Dead”. 3. FIR No. 259/12, under Sections 279/304A of the Indian Penal Code, 1860, was registered at PS Anand Vihar against the driver of the HGV [respondent No.1 herein], and a chargesheet dated 08.12.2014 was subsequently filed. 4. Two separate claim petitions were filed before the Tribunal arising out of the same accident, being MACT No. 249/12 relating to the death of Ms. Payal Srivastava, and MACT No. 250/12 relatin