ORIENTAL INSURNCE CO. LTD. vs RAVI JAIN & ORS.

Judgment text excerpt

$~4 & 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 19.11.2025 + MAC.APP. 966/2015, CM APPLs. 30458/2015 & 30460/2015 ORIENTAL INSURNCE CO. LTD. .....Appellant versus RAVI JAIN & ORS. .....Respondents + MAC.APP. 395/2016 RAVI JAIN .....Appellant versus THE ORIENTAL INSURANCE CO LTD & ORS .....Respondents Appearances:- Ms. Shruti Jain on behalf of Mr. Pankaj Seth, Advocate, for Insurance Company in Item Nos. 4 & 5. Mr. Navneet Goyal, Advocate, for Claimant in Item Nos. 4 & 5. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. These are cross-appeals filed by the claimant, Mr. Ravi Jain, and Oriental Insurance Co. Ltd. [“the Insurance Company”], arising from an award dated 28.04.2015 passed by the Motor Accident Claims Tribunal [“the Tribunal”] in MACT No. 1077/2010, whereby a sum of Rs. 5,62,806/-, alongwith interest at the rate of 9% per annum, was granted in favour of the claimant. The Insurance Company also challenges a subsequent order dated 08.10.2015, whereby the Tribunal rejected its application seeking reduction of the awarded amount. Both appeals are confined to the issue of the quantum of compensation. 2. By way of the impugned award, the Insurance Company was given liberty to recover the award from the driver and owner of the insured vehicle Signature Not Verified Signed By:SOMYA MAC.APP. 966/2015 & MAC.APP. 395/2016 Page 1 of 8 SATIJA Signing Date:21.11.2025 18:39:37 [Bus bearing registration No. DL-1-PB-0112] [“the offending vehicle”], jointly and severally. The driver and owner of the offending vehicle have been impleaded as respondents Nos. 2 and 3 respectively, in both appeals. They have also been duly served in both appeals by way of publication, as recorded in order dated 16.11.2017 in MAC.APP. 395/2016, and order dated 15.