IFFCO TOKIO GENERAL INSURANCE CO. LTD. vs ASHOK KUMAR ARORA & ORS.

Judgment text excerpt

` * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 17th January 2026 Pronounced on :19th February 2026 Uploaded on : 20th February 2026 + MAC.APP. 892/2013 IFFCO TOKIO GENERAL INSURANCE CO. LTD .....Appellant Through: Mr. Pankaj Seth, SC for appellant along with Ms. Shruti Jain, Adv. versus ASHOK KUMAR ARORA & ORS. .....Respondents Through: Mr. S.C. Singhal, Advocate for R- 1 & R-2 (through VC). Mr. Suman Bagga, Ms. Mouli Sharma, Advocate for R-5. CORAM: HON’BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This appeal has been filed challenging the award dated 06 th August 2013 passed by the Motor Accident Claims Tribunal [“Tribunal”], Dwarka Courts, in Claim Petition No. 213/12/09 [“impugned award”]. The appeal essentially challenges the Tribunal’s conclusion/assessment of 50% contributory negligence of the deceased/driver of the car and 50% negligence on part of the truck driver [respondent no.3]. There are other issues relating to computation of Signature Not Verified Digitally Signed By:MANISH KUMAR MAC.APP. 892/2013 Page 1 of 22 Signing Date:21.02.2026 13:16:23 ` compensation, including the income of the deceased, future prospects and other non-pecuniary elements. The Incident 2. On 13th April 2009 at 6:00 a.m., near Hodal Toll Tax, Palwal, Haryana, the deceased, Shri Dishant Arora, was seated on the back seat of an Optra car bearing registration no. DL-4C-AD-4959 and was travelling from Delhi to Agra. The car was being driven by late Shri. Dipankar Malik. The said car met with an accident with a truck bearing registration no. HR-47-D-6492, which was allegedly negligently parked in the middle of the highway without any indication. As a result, fatal injuries were caused to late Shri. Dipankar Malik as well as to late Shri. Dishant Arora. 3. Two clai