GORAKH vs NARESH KUMAR AND ORS

Judgment text excerpt

$~5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 08.12.2025 + MAC.APP. 800/2013 GORAKH .....Appellant versus NARESH KUMAR AND ORS. .....Respondents + MAC.APP. 917/2013 IFFCO TOKIO GENERAL INSURANCE CO. LTD. .....Appellant versus GORAKH & ORS. .....Respondents Appearances: Mr. S.N. Parashar and Mr. Ritik Singh, Advocates for appellant in item 5 and for respondents in item 6 Mr. Pankaj Seth, Advocate for R-3 in item 5 and for appellant in item 6 (VC) CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. These two appeals - MAC.APP. 800/2013 filed by the claimant, and MAC.APP. 917/2013 filed by IFFCO Tokio General Insurance Co. Ltd. [“Insurance Company”] - are both directed against an award of the Motor Accident Claims Tribunal [“Tribunal”] dated 02.05.2013 passed in MACT No. 656/2011. 2. By the impugned award, the Tribunal disposed of two claims arising out of the same road accident, which took place on 30.03.2010 at about 3:00 Signature Not Verified Signed By:SOMYA MAC.APP. 800/2013 & MAC. APP. 917/2013 Page 1 of 10 SATIJA Signing Date:10.12.2025 19:19:51 P.M. The claimant in the present appeal was one of the passengers in a TSR bearing Registration No. DL-1J-2218. It is alleged that the TSR, being driven in a rash and negligent manner by Mr. Naresh Kumar (who is arrayed as respondent No. 1 in MAC.APP. 800/2013 and respondent No. 2 in MAC.APP. 917/2013), rammed into a motorcycle near Ganda Nala, Ranhola, Uttam Nagar, due to which the TSR overturned, resulting in grievous injuries to the claimant, for which he was hospitalised for a long period. The owner of the TSR is arrayed as respondent No.2 in MAC.APP. 800/2013 and respondent No.3 in MAC.APP. 917/2013. 3. The Tribunal returned a finding of rash and negligent driving against Mr. Naresh Ku