IFFCO TOKIO GENERAL INSURANCE CO LTD vs RAJESH & ORS

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 19.06.2025 + MAC.APP. 663/2018 & CM APPL. 28787/2018 IFFCO TOKIO GENERAL INSURANCE CO LTD ..... Appellant versus RAJESH & ORS ..... Respondents + MAC.APP. 233/2019 RAJESH ..... Appellant versus IFFCO TOKIO GENERAL INSURANCE CO LTD & ORS ..... Respondents Advocates who appeared in this case: For the Appellant(s) : Ms. Suman Bagga, Adv. for the appellant in MAC.APP. 663/2018. Mr. Manish Batra and Mr. Pawan Kumar Kashyap, Advs. for the appellant in MAC.APP. 233/2019. For the Respondent(s) : Mr. Manish Batra and Mr. Pawan Kumar Kashyap, Advs. for R-1 in MAC.APP. 663/2018. Ms. Suman Bagga, Adv. for R-1 in MAC.APP. 233/2019. Signature Not Verified Signed By:SANJAY KUMAR MAC.APP. 663/2018 & MAC.APP. 233/2019 Page 1 of 19 Signing Date:24.06.2025 16:14:43 CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present cross-appeals are filed challenging the award dated 23.04.2018 (hereafter ‘impugned award’), passed by the learned Motor Accident Claims Tribunal, in MAC Petition No. 4548/16 (Old MACP No. 29T/14). 2. The brief facts of the case are that on 24.09.2013, when the motorcycle driven by Rustam (since expired), on which the injured Rajesh was riding as a pillion rider, reached at Traffic Intersection, Mahindra Park, heading towards Azadpur, Delhi, one Truck which was being driven in a rash and negligent zig zag manner came and hit the motorcycle. As a result of the collision, the victims fell down and the victim Rustam was crushed under the wheels of the offending vehicle. The victim Rajesh sustained grievous injuries. The offending vehicle was being driven by the respondent Shiv Bahadur and the same is said to be owned by the respondent Shyam Lal Katana. An FIR was registered for offences under Sections 279