THE ORIENTAL INSURANCE CO LTD vs LATA PUNJANI & ORS

Judgment text excerpt

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th April 2026 + MAC.APP. 357/2018 & CM APPL. 14082/2018 THE ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. Pankaj Seth, Advocate with Ms. Shruti Jain, Advocate. versus LATA PUNJANI & ORS .....Respondents Through: Mr. Durgesh Gupta, Advocate for claimant. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. This appeal has been filed assailing impugned judgment and award dated 30th November 2017, passed by Motor Accidents Claims Tribunal (‘MACT/Tribunal’) Tis Hazari Courts, Delhi, in MACT Case No. 357829/2016, awarding compensation of Rs. 32,28,000/- along with interest at the rate of 9% per annum, with respect to an accident which occurred on 14th August 2005. 2. Deceased/Vijay Punjani, along with his family members and two other relatives, was returning to Delhi from Agra in a Santro Car bearing No. DL 3C XP 7777. At about 6:30 am, when they reached near village Prithla, the deceased saw a green colour L&T Tractor-trolley (hereinafter, Signature Not Verified Digitally Signed By:RAHUL MAC APP 357/2018 1 of 10 KUMAR CHOUDHARY Signing Date:02.05.2026 20:13:45 ‘offending vehicle’) loaded with bricks driving in the middle of the road. In an attempt to overtake the offending vehicle, which gave way to the deceased to pass from the right side, the offending vehicle steered towards the right side diagonally without any warning, horn or signal resulting in collision with the front portion of the Santro car, which was badly smashed. Multiple injuries were suffered by various persons and deceased/Vijay Punjani succumbed to the said injuries. 3. Appellant/Insurance Company has filed this appeal challenging the quantum of compensation awarded to respondent no.1/injured claimant-Lata Punj