THE ORIENTAL INSURANCE CO LTD vs SUNITA SINGH & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 6th February 2026 Pronounced on : 17th April 2026 Uploaded on : 18th April 2026 + MAC.APP. 174/2021 & CM APPL. 14103/2021 THE ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. A.K. Soni, Adv. versus SUNITA SINGH & ORS. .....Respondents Through: Mr. Aseem Mehrotra and Ms. Deeksha Mehrotra Advs. for R-1 to 4. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This appeal has been filed by the Insurance Company assailing the impugned judgment and award dated 26 th November 2020 passed in MACP No.249/2017 by Motor Accidents Claims Tribunal [‘MACT’], Saket Courts, New Delhi (hereinafter, ‘Tribunal’) whereby, the Tribunal allowed a total sum of Rs.63,81,940/- as compensation to be paid to the claimants, along with interest at the rate of 7.5% from the date of filing the petition within 30 days, failing which interest to be paid at the rate of 12% per annum for the delayed period. Signature Not Verified MAC.APP. 174/2021 Page 1/38 Digitally Signed By:MANISH KUMAR Signing Date:18.04.2026 13:14:13 2. Appellant/Insurance Company is agitating the appeal essentially on the ground that the Tribunal relied merely on criminal record of respondent no.5/driver, despite negligence not having been proved by respondent nos. 1 to 4 (hereinafter, ‘claimants’) who failed to produce any eyewitness even after the matter was remanded back to the Tribunal. According to appellant/Insurance Company, the motorcycle driver-Pawan Kumar should have been held solely or at least contributorily negligent. Moreover, compensation awarded by the Tribunal has been challenged as being exorbitant and unsustainable, since the income of deceased was wrongly assessed by adding annual commission given by Life Insurance Corporation (‘LIC’)