NEW INDIA ASSURANCE CO. LTD. vs MOHD SALEEM (SINCE DECEASED) THROUGH HIS LEGAL REPRESENTATIVES & ORS.

Judgment text excerpt

$~6 & 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 15.11.2025. + MAC.APP. 138/2024 NEW INDIA ASSURANCE CO. LTD. .....Appellant versus MOHD SALEEM (SINCE DECEASED) THROUGH HIS LEGAL REPRESENTATIVES & ORS. .....Respondents + MAC.APP. 315/2024 MOHD. SALEEM (SINCE DECEASED) THROUGH HIS LEGAL REPRESENTATIVES AND ORS. .....Appellants versus NEW INDIA ASSURANCE CO. LTD. AND ANR.....Respondents Appearances: Ms. Shiva Lakshmi, Amicus Curiae with Mr. Madhav Bajaj, Advocate. Mr. Salil Paul, Mr. Sahil Paul, Advocates for NIACL. Mr. R.S. Rathi, Ms. Kusum, Advocates for appellants in Item No. 7 and for respondents in Item No. 6. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J (ORAL) 1. These two appeals - MAC.APP. 138/2024 by New India Assurance Co. Ltd. [“Insurance Company”], and MAC.APP. 315/2024 by the claimants - arise out of an award of the Motor Accident Claims Tribunal [“Tribunal”], dated 09.01.2024 in MACT No. 2028/2016. 2. The proceedings before the Tribunal arose out of an accident that Signature Not Verified Signed By:BHUPENDER MAC.APP. 138/2024 Page 1 of 18 Signing Date:18.11.2025 19:06:26 occurred on 11.05.2016 at about 05:30 A.M. One Md. Mobin was travelling in an EECO car (Registration No. DL-8CU-7660) when it was hit by a Canter vehicle bearing Registration No. UP-77N-8855. Md. Mobin sustained severe injuries in the accident and succumbed to them on 17.05.2016. He was then 28 years of age. 3. The claim petition was filed before the Tribunal in which six persons were arrayed as petitioners – the parents of the deceased, his three younger sisters, and his wife. The insurer of the vehicle was arrayed as respondent No. 3 in the claim petition. 4. The Tribunal recorded a finding of rash and negligent driving against the driver of the vehicle and assesse