JAI KUMAR & ANR. vs THE ORIENTAL INSURANCE CO. LTD. & ORS.

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 06th January 2026 + MAC.APP. 234/2021 JAI KUMAR & ANR. .....Appellants Through: Mr. Tarique Siddiqui, Advocate with Mr. Sunil Verma, Mr. Abhishek Kumar, Mr. R. Ahmed and Mohd. Faisal Khan, Advocates. versus THE ORIENTAL INSURANCE CO. LTD. & ORS ......Respondents Through: Mr. JPN Shahi, Advocate (through VC) CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J: (ORAL) CM APPL. 380/2026 (for disposal of the present appeal) 1. This application has been filed by appellant seeking disposal of the present appeal in terms of the decision passed by the Supreme Court in the case of Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi, (2025) 3 SCC 95. 2. The matter had been kept on board by this Court pursuant to filing of the appeal, considering that the Constitution Bench of the Supreme Court was seized of the matter which had been referred for consideration pursuant Signature Not Verified Digitally Signed MAC. APP. 234/2021 1 of 8 By:MANISH KUMAR Signing Date:08.01.2026 15:47:58 to the decision of the Supreme Court in Mukund Dewangan v Oriental Insurance Co. Ltd., 2017 14 SCC 663. 3. The decision has now been rendered by the Constitution Bench of the Supreme Court being in favour of the appellants herein; accordingly, this present application has been filed. 4. The background facts are that in a road accident which occurred on 14th August 2014 at 8.15 P.M. near Shivalik Road, New Delhi, one Brij Kishore Mahto (claimant/respondent no. 4 herein) had sustained injuries allegedly due to rash and negligent driving of vehicle no. DL 1Y B 8717 by one Phool Badan (respondent no.3 herein). A claim petition was filed and the Detailed Accident Report (DAR) was submitted. 5. The said vehicle was registered in