NEW INDIA ASSURANCE CO. LTD. vs DILSHAD & ORS.

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 03.11.2025. + MAC.APP. 697/2025 NEW INDIA ASSURANCE CO. LTD. .....Appellant Through: Mr. Salil Paul, Mr. Sahil Paul, Mr. Sandeep Dayal, Advocates. versus DILSHAD & ORS. .....Respondents Through: CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J (ORAL) CM APPLs. 68202-68203/2025 (for exemption) Exemptions allowed, subject to all just exceptions. The applications stand disposed of. MAC.APP. 697/2025 and CM APPL. 68201/2025 (for stay) 1. The appellant – New India Assurance Co. Ltd. [“the Insurance Company”], assails an award dated 14.08.2025 passed by the Motor Accident Claims Tribunal [“the Tribunal”], by which an amount of Rs. 28,06,352/-, alongwith interest at the rate of 9% per annum, has been awarded in favour of respondent No. 1 – claimant. 2. The facts, as stated in the impugned award of the Tribunal, are that the claimant was injured in an accident with a truck bearing registration No. DL-1-LW-6678 [“the insured vehicle”] on 05.08.2020. The accident took place near Bhalaswa Dairy Bus Stand in Delhi at around 3:30 PM. The allegation against respondent No. 2 [the driver of the insured vehicle] Signature Not Verified Signed By:PARUL MAC.APP. 697/2025 Page 1 of 6 VASHIST Signing Date:04.11.2025 18:37:52 was that the insured vehicle was being driven in a rash and negligent manner, resulting in the claimant being hit from behind, and a bag carried by the claimant got entangled in the insured vehicle. The claimant suffered injuries as a result of the said accident. 3. The ground upon which the Insurance Company assails the award concerns award of Rs. 19,44,492/- towards loss of future earnings. The Tribunal noted that the claimant was 20 years of age, and suffered 82% permanent disability, which was taken b