SHRIRAM GENERAL INSURANCE COMPANY LTD. vs ASHOK KUMAR (SINCE DIED) THR LR & ORS.

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 03.11.2025 + MAC.APP. 699/2025, CM APPL. 68503-06/2025 SHRIRAM GENERAL INSURANCE COMPANY LTD. .....Appellant Through: Mr. Kshitij Mittal, Advocate. versus ASHOK KUMAR (SINCE DIED) THR LR & ORS. .....Respondents Through: None. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J (ORAL) CM APPL. 68506/2025 (condonation of delay in re-filing of appeal) The present application has been filed by the appellant seeking condonation of delay of 130 days in re-filing the present appeal. For the reasons stated therein, the delay of 130 days in re-filing the appeal is condoned. The application is accordingly disposed of. MAC.APP. 699/2025 and CM APPL. 68503/2025 (exemption), CM APPL. 65804/2025 (condonation of delay in filing of appeal), CM APPL.68505/2025 (stay) 1. The appellant – Shriram General Insurance Company Ltd. [“the Insurance Company”] – assails an award dated 04.02.2025 passed by the Signature Not Verified Signed By:PARUL VASHIST MAC.APP. 699/2025 Page 1 of 4 Signing Date:04.11.2025 18:37:52 Motor Accident Claims Tribunal [“the Tribunal”], whereby the estate of the original claimant has been awarded a sum of Rs. 9,84,600/- together with interest thereon. 2. The facts, as recorded in the impugned award, are that the original claimant, aged 46 years at the time, was riding a motorcycle from Kurukshetra, Haryana, to Haridwar, Uttarakhand, when he was hit from behind by a truck bearing registration number HR-58A-2879 [“the insured vehicle”]. The claimant alleged that the collision was a result of rash and negligent driving of the insured vehicle. As a result of the collision, the claimant fell onto the road and sustained grievous injuries. He remained hospitalized from 23.07.2017 to 04.08.2017. The claimant asser