ORIENTAL INSURANCE CO LTD vs MANOJ JAIN & ORS

Judgment text excerpt

$~P-1 & 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 10.12.2025 Pronounced on: 03.02.2026 Uploaded on: 03.02.2026 + MAC.APP. 813/2014 & CM APPL. 14732/2014 ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. Pradeep Gaur, Advocate. versus MANOJ JAIN & ORS ..... Respondents Through: Mr. Manish Maini, Ms. Anjali Singh and Ms. Aastha Chauhan, Advocates with R-1 in person. + MAC.APP. 240/2016 MANOJ JAIN ..... Appellant Through: Mr. Manish Maini, Ms. Anjali Singh and Ms. Aastha Chauhan, Advocates with Appellant in person. versus ORIENTAL INSURANCE CO LTD & ORS ..... Respondents Through: Mr. Pradeep Gaur, Advocate. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. These two appeals - one by Oriental Insurance Company Limited [“the Insurance Company”], and the other by Mr. Manoj Jain, who was the claimant before the Motor Accident Claims Tribunal [“the Tribunal”] - are directed against an award dated 21.05.2024 passed by the Tribunal in Suit Signature Not Verified MAC.APP. 813/2014 & connected matter Page 1 of 19 Signed By:PARUL VASHIST Signing Date:03.02.2026 19:38:37 No. 653/10/09. The proceedings before the Tribunal arose out of a road traffic accident on 20.12.2008, in which, the claimant was injured. By the said award, the Tribunal awarded a compensation of Rs. 69,03,713/-, alongwith interest at the rate of 9% per annum, in favour of the claimant. A. FACTS 2. The facts relating to the accident, as they appear from the impugned award, are that the claimant, alongwith a pillion-rider, was riding a motorcycle [bearing registration No. DL-7SZ-0755]. On 20.12.2008, at about 9 PM, at a location near Gupta Market Bus Stand, Lajpat Nagar, the motorcycle was hit by a truck [bearing registration No. HR-38-R-7155] [“the offending vehicle”]. Both passengers on the