RUBI DEVI AND ANR vs THE NEW INDIA ASSURANCE COM. LTD. AND ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 10th April 2026 Pronounced on: 30th April 2026 Uploaded on : 30th April 2026 + MAC.APP. 397/2022 RUBI DEVI AND ANR. .....Appellants Through: Mr. Manish Maini, Ms. Aastha Chauchan, Advocates. versus THE NEW INDIA ASSURANCE COM. LTD. AND ORS. .....Respondents Through: Mr. Sahil Paul & Mr. Sandeep Dayal, Advocates for respondent no.1 CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This appeal has been filed by the legal representatives of the deceased/Durga, assailing the judgment dated 03rd August 2022 passed by the Motor Accident Claims Tribunal, North District, Rohini Courts, Delhi (‘MACT/Tribunal’) in MAC Petition No. 306/2018. 2. The incident relates to an accident which occurred on 19 th February 2018 at about 8:00 AM, when Durga Kumari (‘deceased’) was playing with other children along the roadside, i.e. service road near construction site of Ahluwalia Contractors India Ltd., Narela, Delhi and was suddenly hit by the offending truck bearing registration no. KA-01-AD-9401, allegedly being driven in a rash and negligent manner by respondent no.2. Signature Not Verified Digitally Signed MAC.APP. 397/2022 Page 1 of 19 By:MANISH KUMAR Signing Date:30.04.2026 18:20:04 3. She sustained grievous injuries and was removed to SRHC Hospital, where she was declared ‘brought dead’. 4. FIR No. 118/18 under Sections 279/304A IPC was registered at PS Narela. 5. The Tribunal, vide impugned judgment dated 03rd August 2022, awarded a total compensation of Rs. 5,60,000/- along with interest @ 9% per annum from the date of filing of the claim petition till deposit. The Tribunal relied upon the dictum laid down by this Court in Chetan Malhotra v. Lala Ram & Ors. 2016:DHC:3863 and assessed the notional income at R