NATIONAL INSURANCE COMPANY LIMITED vs SH. KANHAIYA LAL & ORS.

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22nd April 2026 + MAC.APP. 302/2023 NATIONAL INSURANCE COMPANY LIMITED .....Appellant Through: Mr. Zorawar Singh, Mr. Jayant Rastogi and Mr. Sudhanshu, Advocates. versus SH. KANHAIYA LAL & ORS. .....Respondents Through: Mr. S.N. Parashar and Mr. Ritik Singh, Advocates for R-1 to 5. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. This appeal has been filed by the Insurance Company challenging impugned award dated 6th February 2023 passed by Motor Accidents Claims Tribunal [‘MACT’], West, Tis Hazari Courts in MACT case No.28/2021 whereby Rs. 30,58,138/- at an interest rate of 6% per annum was awarded to the respondents/claimants. 2. The accident took place on 9th February 2020 at about 5:30 pm, when Ms. Kamla (hereinafter, ‘deceased’) alongwith her daughter was returning to her house from Tikri Kalan Extension, near Shamshan Ghat on foot. When they reached near Main Rohtak Road, Tikri Kalan, an Etios car bearing no. HR-51BS-3680 (hereinafter, ‘offending vehicle’) being driven Signature Not Verified Digitally Signed MAC.APP. 302/2023 Page 1 of 5 By:MANISH KUMAR Signing Date:24.04.2026 16:19:20 at a high speed, in a rash and negligent manner hit the deceased and her daughter with great force, as a result of which they sustained grievous injuries. Deceased was taken to Sri Balaji Action Medical Institute, where she succumbed to her injuries during treatment on 2nd March 2020. 3. Mr. Jayant Rastogi, counsel for appellant/Insurance Company, has raised a challenge to the age of deceased having been wrongly assessed by the MACT. He contends that the compensation amount was calculated by taking the age of deceased as 38 years as on date of accident, on the basis of Aadhar Card. In this rega