RELIANCE GEN INS CO LTD vs RASHID ALI & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17.09.2025 + MAC.APP. 327/2015 & CM APPL. 6325/2015 RELIANCE GEN INS CO LTD .....Appellant Through: Mr. A.K. Soni, Advocate. versus RASHID ALI & ORS .....Respondents Through: Mr. Manish Maini, Ms. Moumita Mondal and Ms. Aastha Chauhan, Advocates for R-1. + MAC.APP. 868/2015 RASHID ALI .....Appellant Through: Mr. Manish Maini, Ms. Moumita Mondal and Ms. Aastha Chauhan, Advocates. versus RELIANCE GENERAL INSURANCE CO LTD & ORS .....Respondents Through: Mr. A.K. Soni, Advocate. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU JUDGEMENT TARA VITASTA GANJU, J.: 1. The present Appeals seek to challenge an award dated 08.12.2014 [hereinafter referred to as “Impugned Award”] passed by the learned Presiding Officer, MACT, Karkardooma Courts, Delhi. By the Impugned Award, compensation in the sum of Rs.15,78,928/- has been awarded along with interest at the rate of 9% per annum to the Claimant. 2. The Impugned Award has been challenged by both the Insurance Company, i.e., MAC.APP. 327/2015 [hereinafter referred to as “Insurance Signature Not Verified Digitally Signed By:HONEY ARORA Signing Date:18.09.2025 MAC.APP. 327/2015 & connected Page 1 of 15 20:56:20 Company’s Appeal”], as well as by the Claimant i.e., MAC.APP. 868/2015 [hereinafter referred to as “Claimant’s Appeal”], resulting in the filing of two separate Appeals. Since, no recovery rights have been granted against the Owner and the Driver, their presence has been dispensed with by the Court by its order dated 10.04.2015. 3. Briefly the facts are that on 07.12.2012 the Claimant, while riding his motorcycle, was hit from the rear side by a truck bearing no. HR-55J-2878, being driven by Respondent No.2/Driver in a rash and negligent manner, as a result of which t