THE NEW INDIA ASSURANCE CO. LTD. vs NIRMLA & ORS

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 10.12.2025 + MAC.APP. 881/2013 THE NEW INDIA ASSURANCE CO. LTD. .....Appellant Through: Mr. Pankaj Seth and Mr. Yuvraj Singh, Advocates. versus NIRMLA & ORS .....Respondents Through: Mr. Bhuvneshwar Tyagi, Advocate for R-1 to 3. Mr. Nimish Chib and Mr. Bhavnesh Dalal, Advocates for R- 4. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The present appeal has been preferred by the appellant – New India Assurance Co. Ltd. [“Insurance Company”] assailing the award dated 01.08.2013 passed by the Motor Accident Claims Tribunal [“Tribunal”] in MACT No. 269/2010. 2. The proceedings arise out of a fatal motor accident that occurred on 16.07.2009 at about 5:00 AM, in which one Mr. Mahender unfortunately lost his life. A tractor, bearing registration No. HR-19-A-5094 [“insured vehicle”], was being driven by its owner, respondent No. 4 herein. Attached to the insured vehicle was a trolley loaded with packets of chana, in which the deceased, described variably as a “second driver” or Signature Not Verified Signed By:SOMYA MAC.APP. 881/2013 Page 1 of 10 SATIJA Signing Date:12.12.2025 19:00:03 a “helper”, was travelling along with the goods. When the driver suddenly applied the brakes, the deceased was thrown off the trolley, sustained grievous injuries, and subsequently passed away. 3. FIR No. 274/2009 was registered at Police Station Nangloi under Sections 279 and 304A of the Indian Penal Code, 1860, against the driver of the insured vehicle, and chargesheet was filed thereafter. 4. The dependents of the deceased, namely – his wife, son and mother, were the claimants before the Tribunal [respondent Nos. 1 to 3 herein]. The driver-cum-owner of the insured vehicle, who was arrayed as respondent No. 1 before