RELIANCE GENERAL INSURANCE CO LTD vs SIYA RAM SINGH & ORS.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27th January, 2025 + MAC.APP. 339/2024 & CM APPL. 38815/2024, CM APPL. 56266/2024 RELIANCE GENERAL INSURANCE CO LTD .....Appellant Through: Mr. A.K.Soni, Advocate. versus SIYA RAM SINGH & ORS. .....Respondents Through: Mr. Bhavesh Kumar Sharma and Mr. Surinder Kaliraman, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. 1. With the consent of the parties, the appeal is taken up for final hearing. 2. By way of the present appeal, the appellant challenges the award dated 07.05.2024 (hereafter ‘the impugned award’), passed by learned Presiding Officer, Motor Accident Claims Tribunal-02 (Central), Tis Hazari Courts, Delhi, pursuant to which total compensation of ₹49,70,840/- was awarded in favour of the respondents. The award has been challenged essentially on two grounds: i) The appellant contends that no evidence was produced to assess the functional disability as 100%. Signature Not Verified Signed By:SANJAY MAC.APP. 339/2024 Page 1 of 5 KUMAR Signing Date:30.01.2025 20:44:31 ii) The future medical expenses have been assessed on the higher side as ₹5,00,000/- without any evidence. 3. It is undisputed that Respondent No.1 suffered serious injuries on the intervening night of 13-14.03.2017 when the Respondent No.1 along with 3-4 persons who were travelling in a vehicle, met with an accident with a truck in which Respondent No.1 and other passengers have sustained injuries and were taken by the police to a hospital at Haryana. It is undisputed that Respondent No.1 went in COMA/Post-Traumatic Hydrocephalous, and was thereafter referred to Ram Manohar Lohia Hospital, New Delhi. 4. At the time of filing of the claim petition also Respondent No.1 was in the state of COMA/Post-Traumatic Hydrocep