ORIENTAL INSURANCE CO LTD vs SMT PRINCY MISRA & ORS

Judgment text excerpt

$~P-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 05.12.2025 Pronounced on: 29.01.2026 Uploaded on: 29.01.2026 + MAC.APP. 999/2013 ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. Pradeep Gaur, Mr. Amit Gaur, Ms. Sweta Sinha, Advocates. versus SMT PRINCY MISRA & ORS ..... Respondents Through: Mr. Manish Maini, Ms. Aastha Chauhan, Ms. Anjali Singh and Mr. R.K. Jain, Advocates for R-1 to 3. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. The appellant – Oriental Insurance Company Limited [“Insurance Company”] challenges an award dated 21.09.2013, passed by the Motor Accident Claims Tribunal [“the Tribunal”] in MACT No. 205/2011. By the said award, the Tribunal granted compensation at Rs. 69,48,600/-, alongwith interest at the rate of 9% per annum. A. FACTS AND IMPUGNED AWARD 2. The proceedings before the Tribunal arose from a fatal accident, which took place on 10.03.2011 at about 8:30 PM, resulting in the death of one Mr. Naveen Kumar Misra. The deceased was riding his Signature Not Verified Signed By:DAMINI MAC.APP. 999/2013 Page 1 of 22 YADAV Signing Date:29.01.2026 20:35 motorcycle [bearing No. DL-9S-V-8687], when a tanker [bearing registration No. 1G-B-3778] [“the insured vehicle”] struck him from behind, causing him to fall. He was subsequently run over by the insured vehicle. He was taken to Bhagwan Mahavir Hospital, where he was declared brought dead. 3. An FIR was lodged against the driver of the insured vehicle, bearing FIR No. 100/2011 in Police Station Mangol Puri, under Sections 279 and 304A of the Indian Penal Code, 1860. A chargesheet has also been filed in the criminal proceedings under Section 173 of the Code of Criminal Procedure, 1973. 4. The deceased was 32 years old at the time of the accident, and is survived by his wife, two ch