SHRI RAM GENERAL INSURANCE COMPANY LIMITED vs HANS RAJ YADAV & ORS.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 19.06.2025 + MAC.APP. 380/2023 & CM APPL. 40664/2023 SHRI RAM GENERAL INSURANCE COMPANY LIMITED .....Appellant versus HANS RAJ YADAV & ORS. .....Respondents MAC.APP. 408/2023 HANS RAJ YADAV .....Appellant versus HARUN KHAN & ORS. .....Respondents Advocates who appeared in this case: For the Appellant(s) : Ms. Niyati, Adv. through V.C. in MAC.APP. 380/2023. Mr. Bhupesh Narula, Mr. Yogesh Narula & Mr. Abhin Narula, Advs. in MAC.APP. 408/2023. For the Respondent(s) : Mr. Bhupesh Narula, Mr. Yogesh Narula & Mr. Abhin Narula, Advs. in MAC.APP. 380/2023. Ms. Niyati, Adv. through V.C for Insurance Company in MAC.APP. 408/2023. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN Signature Not Verified Signed By:SHIKHA SEHGAL MAC.APP. 380/2023 & MAC.APP. 408/2023 Page 1 of 22 Signing Date:25.06.2025 17:30:04 JUDGMENT 1. The present appeals are filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter ‘MV Act’) challenging the quantum of compensation awarded by the learned Motor Accident Claims Tribunal vide award dated 15.05.2023 (hereafter ‘the impugned award’), passed in MACT No. 127/2016. 2. MAC.APP. 380/2023 has been filed by the Insurance Company seeking reduction of compensation awarded by the learned Tribunal, while MAC.APP. 408/2023 has been filed by the injured seeking enhancement of compensation awarded by the learned Tribunal. 3. The brief facts are that on 05.07.2015 at about 11:15 a.m., the appellant/injured was travelling as a pillion rider on a motorcycle bearing No. DL-8S-ND-2225 being driven by his son. When they reached near Bhagat Singh Chowk, Sector-5, Gurgaon, a truck bearing No. HR-55-P-9031, allegedly being driven in a rash and negligent manner hit the motorcycle from behind. 4. Due to the impa