NATIONAL INSURANCE CO. LTD. vs VIJAY SHANKER MISHRA & ORS.

Judgment text excerpt

$~5 & 23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 19.12.2025 + MAC.APP. 708/2013 NATIONAL INSURANCE CO. LTD. .....Appellant versus VIJAY SHANKER MISHRA & ORS. .....Respondents + MAC.APP. 804/2025 VIJAY SHANKER MISHRA AND ANR. .....Appellants versus NATIONAL INSURANCE CO. LTD. AND ORS. .....Respondents Appearances: Ms. Shruti Jain, Advocate for appellant in item No. 5. Mr. Vineet Tayal, Ms. Nishtha Wadhwa, Mr. Jitendra K. Singh, Mr. Nilesh Deep, Advocates for R-1&2 in item No. 5 CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J (ORAL) 1. These cross-appeals arise out of an award dated 03.03.2013, passed by the Motor Accident Claims Tribunal [“the Tribunal”] in Suit No. 41/2012. 2. The proceedings before the Tribunal arose from a motor accident which occurred on 20.11.2011 at about 5:45 a.m. near Ghitorni Village on the Mehrauli-Gurgaon Road, New Delhi. At the relevant time, Mr. Ravi Shankar was riding a motorcycle bearing Registration No. DL-3S- Signature Not Verified Signed By:DAMINI MAC.APP. 708/2013 & connected matter. Page 1 of 14 YADAV Signing Date:22.12.2025 19:59:59 BN-8388, with Mr. Ram Sunder Mishra travelling as a pillion rider. The motorcycle was hit from behind by a Mahindra Xylo car bearing Registration No. DL-1YC-0433, as a result of which both riders were thrown off the motorcycle, and landed at some distance. 3. As a consequence of the accident, Mr. Ram Sunder Mishra suffered grievous injuries, and was immediately taken to the Trauma Centre, All India Institute of Medical Sciences, where he was declared dead. In relation to the said accident, FIR No. 251/2011 was registered at PS: Fatehpur Beri against the driver of the offending Mahindra Xylo, who has been arrayed as respondent No. 3 in the present appeals, and a charge- sheet was sub