SHANKAR MEHTO vs RAJO BHAGAT & ORS( RELIANCE GENERAL INSURNACE CO. LTD.)

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 11.12.2025 + MAC.APP. 90/2015 & CM APPL. 27578/2015 SHANKAR MEHTO .....Appellant Through: Ms. Aruna Mehta, Mr. Lakshay Mehta and Mr. Sanjeev Mehta, Advocates. versus RAJO BHAGAT & ORS .....Respondents Through: Mr. A.K. Soni, Advocate for R-3. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The appellant, who was the claimant before the Motor Accident Claims Tribunal [“the Tribunal”], has preferred the present appeal, assailing the award dated 20.10.2024 passed in Suit No. 49/2014, seeking enhancement of the compensation granted to him. By the impugned award, the Tribunal awarded a sum of Rs. 5,10,369/- alongwith interest at the rate of 9% per annum. A. FACTS 2. The facts, as recorded in the impugned award, are that on 26.08.2008, the appellant was travelling from Azadpur Mandi, Delhi, to Anand Parbat, Delhi, in a vehicle [bearing registration No. DL-1L-F- 9640] [“insured vehicle”], which was loaded with sugarcane for delivery to a juice shop. During the journey, the insured vehicle collided with a Signature Not Verified Signed By:SOMYA SATIJA MAC.APP. 90/2015 Page 1 of 15 Signing Date:13.12.2025 17:57:47 divider in front of Bali Nursing Home on Desh Bandhu Gupta Road, Delhi, and turned turtle, resulting in the appellant sustaining injuries. 3. FIR No. 242/2008 was registered on 26.08.2008 under Sections 279 and 337 of the Indian Penal Code, 1860, at Police Station Desh Bandhu Gupta Road, Delhi. 4. The appellant filed a claim petition under Section 166 and 140 of the Motor Vehicle Act, 1988, arraying the driver, owner and the insurer – Reliance General Insurance Company Ltd [“the Insurance Company”] as respondent Nos. 1 to 3 respectively. 5. The Tribunal returned a finding of rash and negligen