DIMPLE @DIMPLE VERMA AND OTHERS vs AFASAR ALI AND ORS (THE NEW INDIA ASSURANCE CO. LTD)

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 22nd January 2026 + MAC.APP. 76/2022 DIMPLE @DIMPLE VERMA AND OTHERS .....Appellant Through: Mr. Dhananjay Gupta, Advocate. versus AFASAR ALI AND ORS (THE NEW INDIA ASSURANCE CO. LTD) .....Respondents Through: Mr. Gaurav Nair and Ms. Veera Mathai, Advocates. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT (ORAL) % ANISH DAYAL, J. 1. This appeal has been filed by the claimants under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the compensation of Rs. 32,68,800/- with interest @ 9% per annum, awarded by the MACT, Tis Hazari Courts by award dated 1st February 2020. 2. The accident occurred on 9th April 2019 near the ITO red light, wherein the motorcycle driven by the deceased, Mr. Anuj Verma, was hit by a Maruti Eeco Ambulance, which was being driven on the wrong side of the road. 3. The deceased sustained grievous injuries and subsequently succumbed to the same at the hospital. 4. An FIR 62/2019 was registered under Section 279/337 of the Indian Penal Code, 1860, and later, charge sheet was filed incorporating Section Signature Not Verified Digitally Signed MAC. APP. 76/2022 1 of 6 By:MANISH KUMAR Signing Date:24.01.2026 19:05:07 304A of IPC. 5. Upon consideration of the claim, the MACT held that the accident was caused due to rash and negligent driving of respondent no.1/driver, vehicle was owned by respondent no.2 and the offending vehicle was insured with respondent no.3. 6. The essential claim by claimants, being the legal heirs of the deceased, i.e. the wife, one daughter and one son, is that despite producing documentation to the effect that the deceased was engaged with M/s Durga Air Conditioners, an authorized Service Centre of Voltas, as a skilled technician, and despite the t