NATIONAL INSURANCE COMPANY LTD vs SH RAJ SINGH & ORS

Judgment text excerpt

$~48 & 49 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 25th April 2026 + MAC.APP. 981/2013 NATIONAL INSURANCE COMPANY LTD .....Appellant Through: Ms. Neerja Sachdeva, Advocate. versus SH RAJ SINGH & ORS .....Respondents Through: Mr. Manish Maini, Ms. Aastha Chauhan, Mr. R.K. Jain, Advocates for Respondent no.1. (49) + MAC.APP. 335/2014 SH RAJ SINGH & ORS .....Appellants Through: Mr. Manish Maini, Ms. Aastha Chauhan, Mr. R.K. Jain, Advocates. versus NATIONAL INSURANCE COMPANY LTD .....Respondent Through: Ms. Neerja Sachdeva, Advocate. CORAM: HON’BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. These cross-appeals have been filed challenging the Award dated 11 th September 2013 passed by the Motor Accident Claims Tribunal, Dwarka Courts, New Delhi (‘MACT’) in MACT No.32/2013. MAC.APP. 981/2013 Signature Not Verified Digitally Signed By:RAHUL MAC.APP. 981/2013 & MAC.APP. 335/2014 Page 1 of 12 KUMAR CHOUDHARY Signing Date:30.04.2026 18:40:11 has been filed by the Insurance Company seeking reduction of the compensation, whereas MAC.APP. 335/2014 has been filed by claimant seeking enhancement of compensation. 2. The accident occurred on 21st June 2012 at around 11: 25 PM, when the claimant driving his motorcycle bearing registration no.DL-1S-S-1223 near Dwarka, New Delhi suffered a collision with the Maruti Swift car bearing registration no.HR-26-AW-9912 (offending vehicle), driven by Mr. Devinder Kumar. Claim petition was filed, which resulted in award of compensation of Rs.24,02,832/- along with interest @7.5% from the date of filing of claim petition till its realization. 3. Ms. Sachdeva, on behalf of the insurance company, has raised the following issues: i. While the Disability Certificate assessed disability at 60%, functional disability wa