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

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 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