IFFCO TOKIO GENERAL INSURANCE CO LTD vs PARMESHWARI & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 11th March 2026 Pronounced on : 17th April 2026 Uploaded on : 18th April 2026 + MAC.APP. 702/2019, CM APPL. 33839/2019 & CM APPL. 12711/2026 IFFCO TOKIO GENERAL INSURANCE CO LTD .....Appellant Through: Ms. Suman Bagga and Ms. Mouli Sharma, Advocates versus REKHA DEVI & ORS .....Respondents Through: Mr. Jatinder Kamra & Mr. Brijesh Kumar, Advs. for claimants CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This appeal filed by the Insurance Company assails the award dated 30th April 2019 passed by MACT, North-West District, Rohini, Delhi in MACT No.50441/2016. 2. The Insurance Company effectively questions the compensation granted by the MACT on the basis that the negligence and, therefore, liability was fastened on the driver/owner of the TSR in which the deceased claimant was travelling, which was involved in an accident where a truck dashed into it and then ran away from the spot. Being a hit-and-run case, the Insurance Company asserts that the claim should fall under Section 140 of Signature Not Verified MAC.APP. 702/2019 Page 1/13 Digitally Signed By:MANISH KUMAR Signing Date:18.04.2026 13:14:13 the Motor Vehicle Act, 1988 (‘MV Act’), on the principle of no fault liability, since there was no negligence on the part of the TSR’s driver. The Incident 3. The accident occurred on 30 th March 2009, when Sh. Ved Prakash (the deceased), a cleaner with Delhi Transport Corporation, was travelling in TSR bearing registration no. DL-1RE-5310 as a paid passenger. At about 3:15 a.m., when they reached the chowk at Sarai Peepal Thala, GTK Road, the driver of the TSR tried to cross the chowk where blinkers were blinking. Suddenly, a truck came from the fruit mandi gate and as both vehicles were at high spe