RAJWANT KAUR & ORS vs RAKESH KUMAR & ORS (CHOLAMANDALAM MS GENERAL INSURANCE CO LTD )

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:13.05.2025 + MAC.APP. 711/2019 RAJWANT KAUR & ORS .....Appellants Through: versus RAKESH KUMAR & ORS (CHOLAMANDALAM MS GENERAL INSURANCE CO LTD ) .....Respondents Through: Advocates who appeared in this case: For the Petitioner : Mr. Manish Maini & Ms. Anjali Singh, Advs. For the Respondent : Ms. Suman Bagga & Ms. Rhea Duggal, Advs. for R3. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present appeal is filed challenging the judgment and award dated 18.04.2019 (hereafter ‘the impugned award’) passed by the learned Presiding Officer, Motor Accident Claims Tribunal (North), Rohini Courts, Delhi, in MACP No. 279/2017. 2. Briefly stated, on 14.02.2017 at approximately 06:10 AM, the deceased, Sh. Sukhdev Singh, was standing near the police booth at Mukarba Chowk Bus Stand, Delhi, when a tempo bearing registration Signature Not Verified Signed By:HARMINDER KAUR MAC.APP. 711/2019 Page 1 of 8 Signing Date:14.05.2025 11:08:52 number HR-67A-4674, being driven in a rash and negligent manner by Respondent No.1, came at high speed and hit the deceased with great force. As a result of the impact, the deceased suffered grievous and fatal injuries and was immediately shifted to BJRM Hospital, where he was declared brought dead. 3. The offending vehicle was subsequently seized, and FIR bearing no. 142/2017 under Sections 279/337/304A of the IPC was registered at Police Station Samaipur Badli against the driver of the vehicle. 4. The deceased, Sh. Sukhdev Singh, was 43 years old at the time of the accident and was employed as a Head Constable with the Delhi Police. He was drawing a gross salary of ₹46,138/- per month and was in stable employment with a promising career trajectory. He was survived by his wife and two