IFFCO TOKIO GENERAL INSURANCE CO. LTD. vs RAMWATI & ORS

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 09.12.2025 + MAC.APP. 920/2013 IFFCO TOKIO GENERAL INSURANCE CO. LTD. .....Appellant Through: Mr. Pankaj Seth, Advocate. versus RAMWATI & ORS .....Respondents Through: Mr. S.N. Parashar & Mr. Ritik Singh, Advocates for R-1 to 4. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The appellant – IFFCO Tokio General Insurance Co. Ltd. [“the Insurance Company”] has preferred the present appeal against an award dated 07.08.2013, passed by the Motor Accident Claims Tribunal [“the Tribunal”] in MACT No. 307/09/13/11. The proceedings arose from a fatal accident which led to the death of one Mr. Vijay Pal. By the impugned award, his wife and children [hereinafter, “the claimants”] have been awarded Rs.9,29,389/-, alongwith interest at the rate of 9% per annum. 2. The facts of the case, as stated in the award, are that on 02.02.2009, at about 8:30 PM, the deceased was travelling from the Nangloi Subji Mandi to his house on a bicycle, when a tractor [bearing No. UP-82K- 0558] [“the insured vehicle”] hit the deceased’s bicycle from the front, leading to the deceased falling and sustaining grievous injuries. The deceased was then taken to the Maharishi Balmiki Hospital, Pooth Khurd, but was later transferred to Ram Manohar Lohia Hospital, where he Signature Not Verified Signed By:BHUPENDER MAC.APP. 920/2013 Page 1 of 10 Signing Date:11.12.2025 17:31:41 eventually succumbed to his injuries. 3. The respondent Nos. 1 to 4, being the wife, son and two daughters of the deceased, were the claimants before the Tribunal. The Insurance Company, driver and owner of the insured vehicle [respondent Nos. 5 and 6 herein] were arrayed as respondents before the Tribunal. 4. Criminal proceedings were also instituted against