ORIENTAL INSURANCE CO LTD vs SHANTI & ORS

Judgment text excerpt

$~65 * IN THEHIGH COURTOF DELHIAT NEW DELHI Decided on 11.12.2025 + MAC.APP. 891/2013 ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. Pankaj Seth, Advocate. versus SHANTI & ORS .....Respondents Through: Mr. S.N. Parashar, Mr. Ritik Singh, Advocates for claimants. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, (ORAL) 1. The appellant – Oriental Insurance Co. Ltd. [“Insurance Company”] challenges an award dated 30.08.2013, passed by the Motor Accident Claims Tribunal [“the Tribunal”] in MACT No. 1132/2008.By the said award, the Tribunal has granted compensation of Rs.12,30,000/-, alongwith interest at the rate of 7.5% per annum,in favour of respondent Nos. 1 to3, who were the claimants before the Tribunal. 2. The proceedings before the Tribunal arose from a fatal accident, which took place on 24.05.2008 at 09:40 PM. The deceased, one Ram Pratap Pal, was riding as a pillion rider on a motorcycle [bearing Registration No. UP-64-D-1561]. The motorcycle was hit by a vehicle [bearing Registration No. HR-55-A-7015][“offending vehicle”],leading the deceased and the driver of the motorcycle to fall and sustain injuries. Signature Not Verified Signed By:SOMYA MAC.APP. 891/2013 Page 1 of 15 SATIJA Signing Date:13.12.2025 14:31:09 They were taken to Kalyani Hospital, Gurgaon, where the deceased eventually succumbed to his injuries. 3. The accident led to an FIR being lodged against the driver of the offending vehicle [respondent No. 4 herein], bearingFIR No. 34/2008 in Police Station Sector 18, Gurgaon, under Sections 279 and 304A of the Indian Penal Code, 1860. A chargesheet has also been filed in the criminal proceedings under Section 173 of the Code of Criminal Procedure, 1973. 4. The deceased was 29 years old at the time of the accident and was unmarried. His pare