NATIONAL INSURANCE COMPANY LTD vs MAHESHWARI DEVI & ORS

Judgment text excerpt

$~P-2 & 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 24.11.2025. Pronounced on: 24.12.2025. Uploaded on: 24.12.2025. + MAC.APP. 566/2018 & CM APPL. 24909/2018 NATIONAL INSURANCE COMPANY LTD. .....Appellant versus MAHESHWARI DEVI & ORS. .....Respondents + MAC.APP. 717/2025 MAHESHWARI DEVI .....Appellant versus NATIONAL INSURANCE CO. LTD. AND ORS. .....Respondents Appearances: Ms. Hetu Arora Sethi & Mr. Sanidhya Kumar, Advocates for National Insurance Co. Ltd. Mr. Anshuman Bal, Advocate for claimant. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. These two appeals - MAC. APP. 566/2018 filed by National Insurance Co. Ltd. [“Insurance Company”], and MAC. APP. 717/2025 filed by Smt. Maheshwari Devi [“claimant”] - are both directed against an award of the Motor Accident Claims Tribunal [“Tribunal”] dated 16.04.2018 passed in MACT No. 575/2017, arising out of a road accident Signature Not Verified Signed By:DAMINI YADAV MAC.APP. 566/2018 & MAC.APP. 717/2025 Page 1 of 18 Signing Date:24.12.2025 17:33:23 which took place on 27.05.2017, leading to the demise of one Mr. Manish Kumar. By the said award, the claimant has been awarded compensation of ₹10,78,000/- alongwith interest at the rate of 9% per annum. A. FACTS & IMPUGNED AWARD 2. The facts of the case, as stated in the award, are that on 27.05.2017, at about 09:00 PM, the deceased, Manish Kumar, was riding his motorcycle when, upon reaching the dividing road near Sector-13, DSIIDC, he struck against a truck bearing registration No. HR-55U-7927, which had been parked in the middle/left side of the road. As a result of the impact, Mr. Manish Kumar fell onto the road along with his motorcycle and sustained grievous injuries. He was immediately admitted to Maharishi Valmiki Hospital, from where he was referred