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

` * 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 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