ORIENTAL INSURANCE CO LTD vs VISHNUDEV SAH & ORS.

Judgment text excerpt

$~33 & 34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 3rd February 2026 Date of uploading : 13th February 2026 33 + MAC.APP. 196/2025, CM APPL. 17513/2025 & CM APPL. 49482/2025 34 + MAC.APP. 197/2025 & CM APPL. 17577/2025 ORIENTAL INSURANCE CO LTD .....Appellant Through: Mr. R K Tripathi, Adv. versus VISHNUDEV SAH & ORS. .....Respondents Through: Mr. Pankaj Gupta, Ms Priyanka S. Aneja & Ms Amita, Mr. Aakash Singh, Mr. Vikas Kumar, Advs. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J: (ORAL) 1. The above captioned appeals have been filed challenging impugned judgements dated 9th January 2025 and 10th January 2025 passed by Motor Accidents Claims Tribunal [‘MACT’], (West), Tis Hazari Courts, Delhi in 221/2021 and 223/2021, respectively, whereby Rs.8,67,000 was awarded at an interest of 7% p.a. 2. Briefly, the facts are that on 18.05.2019, respondent nos. 1 and 2 (hereinafter, ‘claimants’) were travelling from Gurugram to Madhubani, Signature Not Verified Digitally Signed MAC.APP. 196/2025& MAC.APP. 197/2025 1 of 8 By:MANISH KUMAR Signing Date:13.02.2026 18:39:22 Bihar in a bus bearing registration no. UP-83-BT-4106 driven by respondent no.3/driver at very high speed. While driving the bus, respondent no.3/driver hit one tractor trolley loaded with watermelons from behind at about 4:30 a.m. when it was travelling in area of Ganj Muradabad on Agra-Lucknow Expressway at Bhangarmau, District Unnao, UP. Upon losing control, the bus turned turtle at the spot of incident resulting in severe injuries to the passengers travelling in it. After the incident, all injured were shifted to Government Hospital, Unnao, where Master Manish (in MAC.APP. 196/2025) and Master Nitesh (in MAC.APP. 197/2025) (hereinafter, ‘deceased’) expired during the treatment