ARUNA DEVI & ANR. vs ALI HASAN & ORS.

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 01st April 2026 + MAC.APP. 191/2022 ARUNA DEVI & ANR. .....Appellants Through: Mr. Shekhar Aggarwal, Adv. versus ALI HASAN & ORS. .....Respondents Through: Mr. Yuvraj Sharma, Adv. for Mr. Pankaj Seth, Adv. for R-3/Insurance Company. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. This appeal has been filed seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal [‘MACT’], South District, Saket Courts, New Delhi by award dated 11th June 2020 in Petition No.347/2018, whereby, Rs. 12,38,568/- alongwith interest at the rate of 9% per annum was awarded to legal representatives (‘LRs’) of deceased/Saurav (hereinafter, ‘claimants’). 2. Mr. Shekhar Aggarwal, counsel for the claimants’ states that the claim relates to the death of one minor, Saurav (hereinafter, ‘deceased’), son of Sh. Rambahadur. The accident occurred on 25th December 2016, when he was travelling on a motorcycle bearing registration no. DL-09TC-0667. The collision took place when an Eicher Truck bearing registration no. UP-17T- Signature Not Verified Digitally Signed MAC.APP. 191/2022 Page 1 of 8 By:MANISH KUMAR Signing Date:09.04.2026 13:17:51 1686 (hereinafter, ‘offending vehicle’), which was allegedly being driven by the driver, rashly and negligently on the wrong side hit the motorcycle of the deceased from behind. The deceased fell on the road and sustained grievous injuries. He was taken to GTB Hospital, Dilshad Garden, Delhi, however, he succumbed to his injuries. Criminal Case was registered and thereafter, Claim Petition was filed. 3. MACT returned a finding that the accident had occurred due to the rash and negligent driving of the offending vehicle by the driver and a sum of Rs. 12,38