THE ORIENTAL INSURANCE CO LTD vs KULDEEP KATYAL & ORS

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 17.12.2025 + MAC.APP. 808/2013 THE ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. A.K. Soni, Advocate. versus KULDEEP KATYAL & ORS .....Respondents Through: Mr. Vineet Mehta, Mr. Jogesh Gupta, Mr. Prakhar Sharma, Mr. Piyush Bansal, Advocates for R-1. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J (ORAL) 1. The appellant – Oriental Insurance Company Limited [“Insurance Company”] assails an award of the Motor Accident Claims Tribunal [“Tribunal”] dated 05.07.2013 in MACT No. 984/2006, by which the Tribunal has awarded a sum of Rs.12,97,160/-, alongwith interest at the rate of 7.5% per annum, in favour of respondent No. 1 – claimant. A. FACTS 2. The proceedings before the Tribunal arose out of a road accident which took place on 13.03.2006 at about 10:00 PM. The claimant was driving a motorcycle bearing registration No. DL-6SV-5516, near Chitra Vihar, Main Road, Delhi. The case of the claimant was that the motorcycle was hit by a truck bearing registration No. DL-1G-8003, which was been driven in a rash and negligent manner. As a result, both Signature Not Verified Signed By:SOMYA MAC.APP. 808/2013 Page 1 of 10 SATIJA Signing Date:19.12.2025 18:11:46 the claimant and his pillion rider fell in front of the truck, and the claimant’s right arm was crushed under the front wheel of the truck. At the time of the accident, the claimant was 20 years of age. 3. The claimant was first treated at Aditya Verma Medical Centre, Chitra Vihar, Delhi, and thereafter at Shri Ganga Ram Hospital, Delhi. He suffered permanent disability in respect of which a certificate dated 19.05.2011 was issued by Lal Bahadur Shastri Hospital, Khichripur, Delhi [Exhibit PW-1/19]. The certificate shows that he was assessed with perma