NATIONAL INSURANCE CO.LTD vs MD. SAFAT, & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 18 March 2025 Judgment pronounced on : 24 March 2025 + FAO 209/2021 & CM APPL. 29987/2021 NATIONAL INSURANCE CO. LTD .....Appellant Through: Mr. Yuvraj Sharma, Proxy Counsel for Mr. Pankaj Seth, Adv. versus MD. SAFAT & ORS .....Respondents Through: Mr. R.K. Nain and Mr. Chandan Prajapati, Advs. for R-1 Mr. Rakesh Kumar Pant, Adv. for R-2 Mr. D.M. Sharma, Adv. for R-3 + FAO 255/2021 & CM APPL. 40659/2021 RAJVEER SINGH .....Appellant Through: Mr. D.M. Sharma, Adv. versus MOHD. SAFAT AND ANR .....Respondents Through: Mr. R.K. Nain and Mr. Chandan Prajapati, Advs. for R-1 Mr. Rakesh Kumar Pant, Adv. for R-2 Mr. Yuvraj Sharma, Proxy Counsel for Mr. Pankaj Seth, Adv. for R- 3/Insurance Company. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT DHARMESH SHARMA, J. 1. This common judgment shall decide the afore-noted two appeals which have been preferred by the appellant/insurance company and the FAO 209/2021 & FAO 255/2021 Page 1 of 28 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:24.03.2025 18:26:19 registered owner of the offending bus bearing No. UP-32-Z-1506 whereby they have assailed the order/judgment dated 28.04.2021 passed by the learned Commissioner, Employee’s Compensation, whereby the claim for compensation filed by the respondent No.1/injured/employee was allowed granting him a total compensation of Rs. 9,09,888/- payable with interest @ 12% p.a. w.e.f. 23.10.2013 till its realization, which liability was fastened on the shoulders of the appellant/insurance company besides additionally directing the respondent No.3/Sh. Satyekam Shashtri, the registered owner of the vehicle to pay an additional penalty of Rs. 4,54,944/- in terms of Section 4(A)(3)(b) of the Employee’s Co