NEERU DEVI & ORS vs NARENDER YADAV & ORS (NATIONAL INSURANCE CO LTD)

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19thFebruary 2026 + MAC.APP. 624/2015 NEERU DEVI & ORS .....Appellants Through: Mr. Pankaj Gupta & Mr. Vikas Kumar, Advs. versus NARENDER YADAV & ORS (NATIONAL INSURANCE CO LTD) .....Respondents Through: Ms. Archana Gaur, Adv. for Insurance Co. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J (ORAL) 1. This appeal has been filed seeking enhancement of the impugned award dated 9th April 2015 passed by the Motor Accident Claims Tribunal, Karkadooma Courts, East District, Delhi [“Tribunal”] in MACP No. 249/2012, whereby compensation of Rs.14,18,100/- was awarded along with the interest of 9% per annum to the representative of the deceased, Ms. Payal Srivastava [appellant nos. 1 to 3 herein] Incident 2. Accident occurred on 19th September 2012, at about 10 p.m. near red light signal of Ashok Niketan, Anand Vihar, when Ms. Payal Srivastava and Mr. Dushyant Kumar [deceased] were travelling on a scooter. An HGV container, make Ashok Leyland, bearing registration no. HR- 38J-6095 Signature Not Verified MAC.APP. 624/2015 Page 1 of 9 Digitally Signed By:MANISH KUMAR Signing Date:23.02.2026 18:12:11 [offending vehicle] driven by respondent no.1 [driver] at a high speed in a zigzag manner, hit the scooter. Both sustained injuries and were taken to Dr. Hedgewar Hospital, where they were declared “brought dead”. FIR No. 259/2012 was registered under Sections 279/304A of the Indian Penal Code 1806, at Police Station Anand Vihar. A claim petition was filed, and the Tribunal found that the accident had occurred due to rash and negligent driving of respondent no.1 of vehicle which was owned by respondent no.2 and insured by respondent no. 3. Impugned Award 3. The Tribunal, while adjudicating the claim petition