IFFCO TOKIO GEN. INS. CO. LTD vs SH ANIL KUMAR KAUSHIK & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 16th January 2026 Pronounced on : 1st April 2026 Uploaded on : 02nd April 2026 + MAC.APP. 814/2013 IFFCO TOKIO GEN. INS. CO. LTD .....Appellant Through: Mr. Brijesh Bagga Advocate & Ms. Mouli Sharma, Advs. versus SH ANIL KUMAR KAUSHIK & ORS .....Respondents Through: Mr. S.N. Parashar, Advocate with Mr. Ritik Singh, Advocate for R- 1. Mr. Syed Hasan Isfahani & Uday Singh Advocate for Respondent No.2 + MAC.APP. 288/2017 ANIL KUMAR KAUSHIK .....Appellant Through: Mr. S.N. Parashar, Advocate with Mr. Ritik Singh, Advocate. versus IFFCO TOKIO GENERAL INS CO LTD & ORS .....Respondents Through: Mr. Brijesh Bagga Advocate & Ms. Mouli Sharma, Advs. Mr. Syed Hasan Isfahani & Uday Singh Advocate for Respondent No.2 CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT % ANISH DAYAL, J. 1. These are cross appeals being MAC APP. 814/2013 filed by Insurance Company and MAC APP. 288/2017 filed by claimant for Signature Not Verified Digitally Signed By:RAHUL KUMAR CHOUDHARY MAC. APP. 814/2013 & MAC. APP. 288/2017 Page 1 of 18 Signing Date:02.04.2026 12:35:40 enhancement of compensation both in respect of the impugned award dated 01st June 2013 passed by Motor Accidents Claims Tribunal [‘MACT’], Saket, New Delhi (hereinafter, ‘Tribunal’) whereby Rs. 26,55,000/- alongwith interest at the rate of 9% per annum was awarded to the legal representative (‘LR’) of deceased/claimant. While the Insurance Company seeks reduction of compensation, claimant seeks enhancement. The Incident 2. On 30th April 2010, at about 07:30 p.m. Rahul Kaushik (hereinafter, ‘deceased’), was travelling on his cycle to attend coaching classes and upon reaching Jat Samaj Road, Talwandi Kota, Rajasthan, a motorcycle bearing no. RJ-20-SG-0678 driven in a rash and neglig