SHRIRAM GENERAL INSURANCE CO LTD vs DEEPALI SHARMA & ORS

Judgment text excerpt

$~4 & 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 21.11.2025. + MAC.APP. 1154/2013 SHRIRAM GENERAL INSURANCE CO LTD .....Appellant versus DEEPALI SHARMA & ORS .....Respondents + MAC.APP. 928/2014 DEEPALI SHARMA & ORS .....Appellants versus SHRIRAM GENERAL INSURANCE CO LTD .....Respondent Appearances: Mr. Pankaj Gupta, Advocate for R-1 to 5 in item No. 4 and for appellants in item No. 5. Ms. Laxmi Gupta, Mr. Vivek Kumar Tandon, Advocates for R-2. Mr. Sameer Nandwani, Advocate for Insurance Company. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. These two appeals arise from an award dated 21.10.2013 passed by the Motor Accident Claims Tribunal [“the Tribunal”] in MACT No. 122/2012, titled “Deepali Sharma v. Deep Chand & Ors.”. 2. MAC.APP. 1154/2013 has been filed by Shriram General Insurance Company [“the Insurance Company”], challenging the award, Signature Not Verified Signed By:SOMYA MAC.APP. 1154/2013 & connected matter. Page 1 of 8 SATIJA Signing Date:22.11.2025 12:34:58 inter alia, on the ground of contributory negligence, while MAC.APP. 928/2014 has been filed by the claimants [appellants herein] seeking enhancement of the compensation awarded to them. 3. The proceedings before the Tribunal arose out of a motor accident that occurred on 11.03.2012 at approximately 02:00 AM. Two persons, Mr. Narender Sharma and Mr. Karan Bareja were travelling on a motorcycle bearing registration No. DL-5SR-7519, which was being driven by Mr. Sharma. The motorcycle was hit by a truck bearing registration No. HR-38J-4626, as a result of which both riders fell and sustained injuries. Mr. Sharma succumbed to the injuries sustained in the accident. 4. The claim petition was instituted by five claimants – being the parents, wife, and two children of Mr