THE ORIENTAL INSURANCE CO LTD vs SUNITA TYAGI & ORS

Judgment text excerpt

$~P-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 24.11.2025 Pronounced on: 24.12.2025 Uploaded on: 24.12.2025 + MAC.APP. 1169/2018 & CM APPL. 54595/2018 THE ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. Pankaj Seth, Advocate. versus SUNITA TYAGI & ORS .....Respondent Through: Mr. Ranjeet Singh, Mr. Shubham Rajput and Mr. Gaurav Kumar Chauhan, Advocates for R-1 to 4. Ms. Rudrakshi Gautam and Ms. Harhshita Pal, Advocates for R-5 and 6. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. The appellant – Oriental Insurance Company Limited [“Insurance Company”] is in appeal against an award of the Motor Accident Claims Tribunal [“Tribunal”] dated 01.11.2018, in MACT No. 357445/2016, whereby the Tribunal has awarded a sum of Rs. 23,54,000/-, alongwith interest at the rate of 9% per annum, in favour of respondent Nos. 1 to 4 – claimants. A. FACTS AND IMPUGNED AWARD 2. The proceedings before the Tribunal arose out of a fatal accident that took place on 02.02.2016, in which one Satyendra Tyagi lost his life. The deceased was an ex-serviceman who had retired from the Indian Signature Not Verified Signed By:DAMINI MAC.APP. 1169/2018 Page 1 of 14 YADAV Signing Date:24.12.2025 17:33:23 Army as a Naik. At the time of the accident, he was 45 years of age. 3. The facts related to the accident, as they appear from the impugned award, are that at about 1:30 PM on 02.02.2016, the deceased was riding his motorcycle bearing registration No. UP-14BW-4351, near Mohan Nagar crossing, when the motorcycle was hit by a truck bearing No. UP- 17C-9920 [“insured vehicle”]. It was alleged that the insured vehicle was being driven in a rash and negligent manner, which resulted in the accident. The deceased fell off the motorcycle, and was run over by the insured vehicle. He was ta