SHRIRAM GENERAL INSURANCE CO. LTD vs ANOKHA DEVI & ORS.

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 03.12.2025 + MAC.APP. 681/2025 & CM APPL. 66484/2025 SHRIRAM GENERAL INSURANCE CO. LTD .....Appellant Through: Mr. Sameer Nandwani & Mr. Jyaditya Dogra, Advocates. versus ANOKHA DEVI & ORS. .....Respondent Through: None. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The appellant – Shriram General Insurance Co. Ltd. [“Insurance Company”], challenges an award dated 25.07.2025 passed by the Motor Accident Claims Tribunal [“Tribunal”] in DAR No. 09/2020 [Anokha Devi & Ors. v. Sewa Nand & Ors.]. 2. The award arises out of a fatal accident that occurred on 23.08.2019 at approximately 04:02 A.M., near the British High Commission, Chanakyapuri, New Delhi. The accident resulted in the death of one Sarvan Kumar, who was driving a truck bearing registration No. DL-AGC-0816. As recorded in the impugned award, the deceased, alongwith his helper, was en route to Moti Nagar but lost his way and had parked the truck on the side of the road. While signalling passing vehicles for directions, they were struck by a Hyundai Xcent car bearing registration No. HR-55AF-0623 [“insured vehicle”]. The deceased Signature Not Verified Signed By:SOMYA MAC.APP. 681/2025 Page 1 of 9 SATIJA Signing Date:05.12.2025 19:31:25 sustained grievous injuries and was taken to hospital, where he succumbed to his injuries the following day. 3. The Tribunal proceeded on the basis of the Detailed Accident Report [“DAR”] submitted by the police, which included FIR No. 90/2019, registered under Sections 279 and 304A of the Indian Penal Code, 1860 [“IPC”]. 4. After examining four witnesses – Mr. Satish Chaudhary, father of the deceased [PW-1], Mr. Subodh Giri, employer of the deceased [PW-4], Sub-Inspector Vijay Pal Singh (Retd.), Inve