IFFCO TOKIO GENERAL INSURANCE CO LTD vs NARESH CHANDER & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 19th January 2026 Pronounced on : 29th January 2026 Uploaded on : 30th January 2026 + MAC.APP. 664/2018, CM APPL. 28792/2018 & CM APPL. 24813/2025 IFFCO TOKIO GENERAL INSURANCE CO LTD .....Appellant Through: Ms. Suman Bagga, Ms. Mouli Sharma, Advocates. versus NARESH CHANDER & ORS .....Respondents Through: Mr. Pankaj Gupta, Mr. Akash Singh, Ms. Priyanka S Aneja, Advocates for R-1 & R-2. ANISH DAYAL, J. 1. This appeal has been filed under Section 173 of Motor Vehicles Act, 1988 [‘MV Act’] by the Insurance Company [appellant] for setting aside/modification of the impugned judgment and award dated 23 rd April 2018 passed by the Motor Accident Claims Tribunal, Rohini Courts, Delhi (‘MACT’) in MAC PETITION NO. 5483/16 [Old MACP NO. 112/14] titled as “Naresh Chander & Anr. v. Sh. Shiv Bahadur Yadav & Ors.”. 2. The basic grievance of appellant/Insurance Company relates to the computation of income by the MACT of the deceased at Rs.18,222/- per month, which was a combination of Rs.7,722/- per month claimed by the deceased’s family as his earnings from Om Shiv House Keeping Services, Signature Not Verified Digitally Signed By:MANISH KUMAR MAC.APP. 664/2018 Page 1 of 14 Signing Date:30.01.2026 11:14:12 and Rs.10,500/- per month earned by him as a Sample Collection Executive at Diya Path Labs. Incident 3. On 24th September 2013, at about 11:40 A.M., Rustam aged 26 years, along with injured Rajesh [pillion rider], was riding a motorcycle bearing registration no. “DL 8S AT 4287”, which was being driven by Rustam. When they reached the traffic intersection at Mahindra Park heading towards Azadpur, Delhi, a truck bearing registration no. “DL. 1G B 7382” [‘offending vehicle’], allegedly driven at high speed and in a rash and neg