THE NEW INDIA ASSURANCE COMPANY LIMITED vs RAJAN & ORS.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:13.05.2025 + MAC.APP. 64/2025 & CM APPL. 3870/2025, CM APPL. 3871/2025 THE NEW INDIA ASSURANCE COMPANY LIMITED .....Appellant versus RAJAN & ORS. .....Respondents Advocates who appeared in this case: For the Appellant : Mr. Aditya Kumar, Ms. Ila Nath & Ms. Sheetal Dubey, Advs. For the Respondent : CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present appeal is filed challenging the judgment and award dated 26.10.2024 (hereafter ‘impugned award’) passed by the learned Presiding Officer, Motor Accident Claims Tribunal-02, West District, Tis Hazari Courts, Delhi, in MACT Case No. 390/2019. 2. Briefly stated, on 14.04.2019 at about 11:15 AM, while Respondent No.1 was standing near his stationary vehicle—parked on the side of Rohtak Road near Metro Pillar No. 307, Udyog Nagar, Peeragarhi, Delhi—the insured vehicle (car) bearing registration no. DL-3CCN-9403, being driven rashly and negligently by Respondent No.2, came from behind and hit Respondent No.1, causing grievous injuries. Signature Not Verified Signed By:HARMINDER KAUR MAC.APP. 64/2025 Page 1 of 11 Signing Date:15.05.2025 11:56:51 3. Consequently, FIR bearing no. 168/2019 under Sections 279/337/338 of the Indian Penal Code, 1860 was registered at P.S. Paschim Vihar West. Respondent no.1 was hospitalized from 15.04.2019 to 25.04.2019 at Safdarjung Hospital and subsequently assessed to have suffered 80% permanent disability in relation to the right lower limb due to above-knee amputation. 4. By way of the impugned award, the learned Tribunal has directed the appellant to pay compensation of ₹89,57,265/- to Respondent No.1, along with interest at the rate of 7% per annum from the date of filing of the Detailed Accident Report (DAR) i.e., 02.07.2019