MAMTA & ORS vs UNITED INDIA INSURANCE COMPANY LIMITED & ANR

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 04.12.2025 + MAC.APP. 282/2018 MAMTA & ORS .....Appellants Through: Mr. Anshuman Bal, Advocate. versus UNITED INDIA INSURANCE COMPANY LIMITED & ANR .....Respondents Through: Ms. Suman Bagga and Ms. Mouli Sharma, Advocates for R-1. Mr. Sourabh Luthra, Advocate for R-2. 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”], are in appeal against an award dated 20.11.2017 in MACT No. 14818/2015, by which the Tribunal dismissed their claim for compensation under Section 163A of the Motor Vehicles Act, 1988 [“the Act”], as it then was. The claim arose out of a fatal accident, in which one Mr. Naresh Kumar died. The claimants are his wife, two sons and his mother. 2. The facts of the accident, as they appear from the impugned award, are that the deceased was driving in a Rural Transport Vehicle [“RTV”] [bearing registration No. DL1VA0252]. On 29.09.2012, at about 5:45 PM, an accident took place in Gali No. 7, Ashok Nagar, Delhi, between the RTV and a motorcycle [bearing registration No. DL4SBT7946] [“the insured vehicle”]. The accident resulted in the death of Mr. Naresh Signature Not Verified Signed By:BHUPENDER Signing Date:06.12.2025 MAC.APP. 282/2018 Page 1 of 11 18:58:44 Kumar. The claimants thereafter instituted a claim under Section 163A of the Act against the owner-cum-driver and the insurer of the insured vehicle. 3. The Tribunal framed the following three issues: “(i) Whether deceased Naresh Kumar died on account of injuries sustained in accident taking place on 29.09.2012 at about 5:45 PM in front of Gali No. 7, Ashok Nagar, Delhi within the jurisdiction of PS Jyoti nagar due to rash and negligent