MOHD. SAFFAR & ANR. vs NETRAPAL & ORS (UNITED INDIA INSURANCE CO LTD)

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 26.11.2025 + MAC.APP. 428/2019 MOHD. SAFFAR & ANR. .....Appellants Through: Mr. Navin Kumar Jha, Advocate. versus NETRAPAL & ORS (UNITED INDIA INSURANCE CO LTD) .....Respondent Through: Mr. Sankar N. Sinha, Advocate for Insurance Company. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The appellants are the parents of one Asraf @ Babloo, who succumbed to injuries sustained in a road accident that occurred on the intervening night of 30/31.08.2014. By way of the present appeal, they seek enhancement of the compensation awarded to them by the Motor Accident Claims Tribunal [“the Tribunal”] in MACP. No. 77039/2016 titled “Mohd. Saffar & Ors. vs. Netrapal & Ors”, vide award dated 31.10.2018. 2. The facts of the case, as recorded in the impugned award, indicate that the deceased, aged approximately 19 years at the time, was travelling as a helper in a truck bearing registration No. HR-55P-1645 [“the first truck”]. At about 3:20 AM, the said truck collided with another truck bearing registration No. HR-38H-6491 [“the second truck”] at Hirankudna Mor, Mundka, Delhi, resulting in the deceased sustaining Signature Not Verified Signed By:PARUL MAC.APP. 428/2019 Page 1 of 6 VASHIST Signing Date:28.11.2025 19:53:15 fatal injuries. 3. The appellants [claimants before the Tribunal] instituted proceedings before the Tribunal against the driver, owner and insurer of the second truck, alleging rash and negligent driving on the part of the driver. 4. By the impugned award, the Tribunal held that the drivers of both trucks involved in the accident were driving rashly and negligently. Recording a finding of composite negligence, the Tribunal observed that the appellants herein were entitled to recover compensa