THE NEW INDIA ASSURANCE COMPANY LTD vs ASHISH & ORS.

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 06.11.2025 + MAC.APP. 709/2025 and CM APPLs. 69137-69139/2025 THE NEW INDIA ASSURANCE COMPANY LTD .....Appellant Through: Mr. Amit Kumar Singh, Ms. K. Sema, Ms. Chubalemla Chang and Mr. Prang Newmai, Advocates. versus ASHISH & ORS. .....Respondents Through: Mr. A.K. Dhama, Advocate for R1. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J (ORAL) 1. The appellant – New India Assurance Company Limited [“the Insurance Company”] assails an award of the Motor Accident Claims Tribunal [“the Tribunal”] dated 22.05.2025, by which a sum of Rs. 66,33,256/-, alongwith interest at the rate of 7.5% per annum, has been awarded in favour of respondent No. 1 – claimant. 2. The facts of the case, as recorded in the impugned judgment, are that the claimant, alongwith others, was travelling to Jaisalmer by road on 19.01.2017. At about 9 P.M., the vehicle lost control, resulting in one fatality, and grievous injury to the claimant. The driver of the vehicle was respondent No. 2 herein. The claimant, who was then 20 years of age, sustained injuries to both his legs, resulting in a disability of 75% in both lower limbs. He placed on record a disability certificate to this effect. It was undisputed that he will remain confined to a wheel chair for the rest Signature Not Verified Signed By:SOMYA MAC.APP. 709/2025 Page 1 of 8 SATIJA Signing Date:07.11.2025 17:05:53 of his life. 3. The Tribunal has returned a finding that the injuries sustained by the claimant were on account of rash and negligent driving of the vehicle, which was admittedly covered by a policy issued by the appellant - Insurance Company. 4. Three grounds are urged in support of the appeal by Mr. Amit Singh, learned counsel for the appellant - Insurance Company: a