NATIONAL INSURANCE COMPANY vs JAWAHAR PRASAD KESHRI @ JAWAHAR SHAH & ORS.

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 12.12.2025 + MAC.APP. 328/2013 NATIONAL INSURANCE COMPANY .....Appellant Through: Ms. Hetu Arora Sethi, Advocate. versus JAWAHAR PRASAD KESHRI @ JAWAHAR SHAH & ORS. .....Respondents Through: None. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The appellant-National Insurance Co. Ltd. [“Insurance Company”] assails an award dated 14.02.2013, passed by the Motor Accident Claims Tribunal [“the Tribunal”] in Suit No. 625/2011, by which the Tribunal has made an award of Rs. 4,11,000/-, alongwith interest at the rate of 7.5% per annum, in favour of the claimant [respondent No. 1 herein], arising from injuries sustained by him in a road accident. 2. The accident occurred at about 9:00 PM on 13.06.2010, when the claimant was working as a conductor/helper in a bus [bearing registration No. BR-45-P-0541] [“insured vehicle”]. The claimant was standing behind the bus, while passengers were alighting, when the driver suddenly started reversing, resulting in grievous injuries to him. 3. FIR No. 136/2010 was registered at Police Station Hazrat Nizamuddin against the driver of the insured vehicle [respondent No. 2] under Sections 279/338/420/468/471 of the Indian Penal Code, 1860 [“IPC”]. A chargesheet under Section 173 of the Code of Criminal Signature Not Verified Signed By:SOMYA MAC.APP. 328/2013 Page 1 of 9 SATIJA Signing Date:13.12.2025 17:36:27 Procedure, 1973, was also filed. 4. The claimant approached the Tribunal for compensation under Sections 166 and 140 of the Motor Vehicles Act, 1988. The driver, owner, and insurer of the insured vehicle [appellant herein] were arrayed as respondent Nos. 1, 2 and 3 respectively. 5. By the impugned award, the Tribunal rendered a finding of rash and negligent