UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD vs SH. DINESH KUMAR SINGH & ORS.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 09.06.2025 + MAC.APP. 106/2025, CM APPL. 7345/2025 & CM APPL. 7346/2025 UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD .....Appellant versus SH. DINESH KUMAR SINGH & ORS. .....Respondents Advocates who appeared in this case: For the Appellant : Mr. Rajat Khattry, Adv. For the Respondents : CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter ‘MV Act’) seeking reduction of compensation awarded by the learned Motor Accident Claims Tribunal vide award dated 28.08.2024 (hereafter ‘the impugned award’), passed in MACT No. 692/2019. 2. The brief facts are that on 06.07.2019 at about 9:30 p.m., Mr. Sanjeev Kumar Singh/deceased along with his father/Respondent No. 1 were returning to their home. When they reached near Surajkund Signature Not Verified Signed By:DEEPANSHU Signing Date:11.06.2025 MAC.APP. 106/2025 Page 1 of 9 18:55:14 Pali Road, a truck bearing No. HR-38S-6678, being driven by Respondent No. 2 in a rash and negligent manner hit them. 3. Due to the impact they both fell on the road and sustained injuries. The deceased sustained grievous injuries on his head, whereafter, he was taken to a nearby hospital and was declared brought dead. 4. This incident led to the registration of FIR No. 419/2019 at Police Station Surajkund, for offences under Sections 279/304A of the Indian Penal Code, 1860 (‘IPC’). After the completion of investigation, the police charge sheeted Respondent No. 2 for the said offences. 5. The learned Tribunal, after examining the pleadings, evidence, and documents on record, assessed the compensation at ₹49,82,740/- and awarded an interest at the rate of 7.5% per annum to the legal heir of the decease