THE NEW INDIA ASSURANCE CO LTD vs SAGAR KHERA & ORS

Judgment text excerpt

$~4 & 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 06.12.2025 + MAC.APP. 461/2015 THE NEW INDIA ASSURANCE CO. LTD. .....Appellant versus SAGAR KHERA & ORS. .....Respondents + MAC.APP. 417/2017 SAGAR KHERA .....Appellant versus THE NEW INDIA ASSURANCE CO. LTD. & ORS. .....Respondents Appearances: Mr. JPN Shahi, Advocate for the appellant in Item No. 4 and respondent in Item No. 5. Mr. Amitabh Sinha, Mr. Anupam Pandey, Advocates for respondent in Item No.4 and Appellant in Item No.5. CORAM: HON'BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. These two appeals – one by New India Assurance Co. Ltd. [“Insurance Company”] and the other by Mr. Sagar Khera [“the Signature Not Verified Signed By:BHUPENDER MAC.APP. 461/2015 & MAC.APP. 417/2017 Page 1 of 9 Signing Date:09.12.2025 11:13:14 claimant”] - are directed against an award of the Motor Accident Claims Tribunal [“Tribunal”] dated 10.04.2015 in MACT No. 861/2014, arising out of a road accident which took place on 17.07.2013. 2. The undisputed factual position, as it emerges from the impugned award, is that the claimant was riding his motorcycle, bearing Registration No. DL 4S CD 5107, on 17.07.2013 at about 11:30 P.M. At a point near Shiv Garden, Prem Nagar Road, Mundka, Delhi, his motorcycle was struck by a trolla/truck bearing registration No. PB-23E- 6124. The claimant sustained grievous injuries, for which he was treated at Maharaja Agrasen Hospital from 18.07.2013 to 12.08.2013. 3. Before the Tribunal, a disability certificate dated 06.02.2015 was placed on record, showing that the claimant, who was then approximately 26 years of age, had suffered “Post Traumatic Head Injury with Mild Mental Retardation” leading to permanent mental disability of 50%. 4. Alleging that the accident was caused by the