SHRIRAM GENERAL INSURANCE CO LTD vs NISHA SHARMA & ORS

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 31.10.2025 + MAC.APP. 1047/2018 and CM APPL. 49207/2018 SHRIRAM GENERAL INSURANCE CO LTD .....Appellant Through: Ms. Niyati Jadaun, Advocate. versus NISHA SHARMA & ORS .....Respondents Through: Mr. S.N. Parashar, Mr. Ritik Singh, Advocates. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. This appeal, filed by Shriram General Insurance Co. Ltd. [“the Insurance Company”], under Section 173 of the Motor Vehicles Act, 1988, is directed against a judgment dated 10.09.2018 by the Motor Accident Claims Tribunal [“the Tribunal”], which has awarded a sum of Rs. 57,26,896/- to the legal heirs of late Mr. Neeraj Sharma, who passed away in an accident on 11.10.2016. 2. The facts of the case, as recorded in the impugned judgment, are that on the intervening night of 10/11.10.2016, the deceased was travelling on his scooty at Palam flyover towards the airport. His scooty was hit by an auto-rickshaw [TSR bearing No. DL IRQ 6242] when near a bus stop at Palam Village. The TSR was being driven at high speed in a rash and negligent manner. The driver of the TSR fled from the spot. The Signature Not Verified Signed By:PARUL VASHIST MAC.APP. 1047/2018 Page 1 of 6 Signing Date:01.11.2025 19:47:32 deceased was taken to a hospital where he passed away. FIR No. 358/2016 under Section 279/304-A of the Indian Penal Code, 1860, was registered at P.S. Palam Village, District South West, New Delhi. 3. The original claimants, being the wife, two children, and parents of the deceased, filed the claim before the Tribunal, which has been allowed by the impugned judgment. 4. The Tribunal framed the following issues: “ISSUES : 1. Whether Neeraj Sharma sustained fatal injuries in a motor vehicle accident dated 11.10.2016 cau