SANTOSH vs ASHISH & ANR. (SHRI RAM GENERAL INS. CO. LTD.)

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 08th January 2026 + MAC.APP. 589/2025 SANTOSH .....Appellant Through: Mr. S.N. Parashar, Mr. Ritik Singh, Advocates. versus ASHISH & ANR. (SHRI RAM GENERAL INS. CO. LTD.) .....Respondents Through: Mr. Abhishek Kumar Anand, Mr. Jayaditya Dogra, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J: (ORAL) 1. This appeal has been filed assailing the judgment dated 27 th January 2025, passed by the Motor Accidents Claims Tribunal (‘MACT’), South- East District, Saket Courts in MACT No.751/2018, dismissing the claim petition. Claim petition as well as this appeal has been preferred by the wife of the deceased Sh. Kapil, who was travelling on the pillion of a two- wheeler driven by one Ashish/ respondent no.1 on 17th March 2018. 2. The two-wheeler had apparently skid and fallen near the AIIMS flyover and injury was sustained by the deceased Sh. Kapil, who was under treatment vide MLC No.5000844440/2018. Sh. Kapil was unconscious and declared unfit for statement by the doctor as is evident from the Medico- Signature Not Verified Digitally Signed MAC.APP. 589/2025 1 of 7 By:MANISH KUMAR Signing Date:12.01.2026 11:02:55 Legal Certificate (‘MLC’). The MLC further notes very clearly that the informant was a relative named Ashish and that late Sh. Kapil was a pillion rider on two-wheeler vehicle which skid and fell near INA. 3. Counsel for appellant, therefore, states that these facts stand admitted basis the record. 4. Insurance company/respondent no.2 was exonerated by the MACT on the ground that the negligence of the driver was not proved. MACT relied upon case law to conclude that when the claimant has failed to prove that the damage was caused to the vehicle because of rash and negl