BHARTI AXA GENERAL INSURANCE CO LTD vs RAJENDER @ BUNTY

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 13th January 2026 Pronounced on : 29th January 2026 Uploaded on : 30th January 2026 + MAC.APP. 517/2018 & CM APPL. 22859/2018 BHARTI AXA GENERAL INSURANCE CO LTD.....Appellant Through: Mr. Navneet Kumar, Adv. versus RAJENDER @ BUNTY .....Respondent Through: Mr. S.N. Parashar and Mr. Ritik Singh, Advs. + MAC.APP. 799/2019 RAJENDER @ BUNTY .....Appellant Through: Mr. S.N. Parashar and Mr. Ritik Singh, Advs. versus BHARTI AXA GEN INSURANCE COMPANY LTD & ORS .....Respondents Through: Mr. Navneet Kumar, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. These appeals have been filed by insurance company and the claimant respectively. The Insurance company has filed the appeal under section 173 of the Motor Vehicle Act, 1988 (‘MV Act’), seeking to set aside the Signature Not Verified MAC.APP. 517/2018 & MAC.APP. 799/2019 Page 1/13 Digitally Signed By:MANISH KUMAR Signing Date:30.01.2026 17:44:00 impugned judgment and award dated 20th February 2018 passed by the Motor Accidents Claims Tribunal (“MACT”), Saket in MACT No. 3486/2016. Whereas the claimant has filed cross-objections to the same under Order XLI Rule 22 of the Code of Civil Procedure, 1908, seeking enhancement of the award. 2. The appeal filed by the insurance company is essentially on the ground that the Tribunal awarded exorbitant compensation under the heads of non-pecuniary damages, i.e. loss of expectation of life (Rs.3 Lacs), pain and suffering (Rs.3 Lacs), loss of amenities of life (Rs.3 Lacs), disfiguration (Rs.50,000/-) and special diet and conveyance charges (Rs.90,000/-). 3. On the other hand, the claimant has filed cross-objections seeking enhancement of the compensation awarded by the Tribunal. The Incident 4. On 9th