ROYAL SUNDARAM GENERAL INSURANCE COMPANY LIMITED vs RUPESH JHA & ANR.

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 01.12.2025 + MAC.APP. 770/2025, CM APPLs. 75455/2025 & CM APPL. 75456/2025 ROYAL SUNDARAM GENERAL INSURANCE COMPANY LIMITED .....Appellant Through: Ms. Mouli Sharma & Ms. Suman Bagga, Advocates. versus RUPESH JHA & ANR. .....Respondents Through: None. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The appellant – Royal Sundaram General Insurance Company Limited [“Insurance Company”], has preferred the present appeal against the award dated 24.09.2025, whereby the Motor Accident Claims Tribunal [“Tribunal”] has awarded a sum of Rs. 23,84,524/- to the claimant [respondent No. 1 herein], alongwith interest at the rate of 9% per annum. 2. Respondent No. 1 sustained injuries in a motor accident that occurred on 04.09.2020 at about 04:45 AM on the Noida Express Highway. He was travelling in his car bearing registration No. DL-1ZB- 9500 from Burari, Delhi to Bihar, when another car, bearing registration Signature Not Verified Signed By:PARUL MAC.APP. 770/2025 Page 1 of 8 VASHIST Signing Date:04.12.2025 12:59:04 No. UP-80CA-0031 [“offending vehicle”], purportedly coming from the wrong side, collided with his vehicle. At the time of the accident, respondent No. 1, then aged about 34 years, was accompanied by other passengers, who also suffered grievous injuries. 3. The case of respondent No. 1 is that he was self-employed as a driver and was operating his car as a cab registered with OLA Cabs, and as a private taxi. He claimed that he was earning approximately Rs. 45,000/– to Rs. 50,000/– per month. 4. Alleging rash and negligent driving by the driver of the offending vehicle [respondent No. 2], respondent No. 1 instituted proceedings under Section 166 of the Motor Vehicles Act, 1988. The appellan