THE ORIENTAL INSURANCE CO LTD vs HAAZARI SINGH RAWAT & ORS

Judgment text excerpt

$~P-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 26.11.2025 Pronounced on: 28.01.2026 Uploaded on: 28.01.2026 + MAC.APP. 337/2018 & CM APPL. 13041/2018 THE ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth and Ms. Shruti Jain, Advocates. versus HAAZARI SINGH RAWAT & ORS ..... Respondents Through: Mr. Dharmender Arya, Ms. Vaishnavi Rao and Mr. Shashank Aggarwal, Advocates for R-1 alongwith R-1 in person. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. This appeal has been filed by Oriental Insurance Company Limited [“the Insurance Company”] against an award dated 16.12.2017, passed by the Motor Accident Claims Tribunal [“the Tribunal”] in Suit No. 4267/2016. By the impugned award, the Insurance Company was directed to pay a sum of Rs. 13,75,000/- to respondent No. 1, who was the claimant before the Tribunal. Signature Not Verified Signed By:PARUL MAC.APP. 337/2018 Page 1 of 21 VASHIST Signing Date:28.01.2026 19:29:19 A. FACTS 2. The proceedings before the Tribunal arose out of a road traffic accident which took place on 26.04.2009, at about 11:45 PM. The claimant was travelling on a motorcycle [bearing registration No. DL-3S-BK-5321] as a pillion-rider. The motorcycle was being driven by Mr. Rakesh Kumar [respondent No. 4 herein]. At a location situated at the roundabout of DND Flyover and Ring Road, near New Friends Colony, New Delhi, the motorcycle hit a parked truck [bearing registration No. HR-38E-6159] [“the offending vehicle”]. It was alleged that the offending vehicle was parked in the middle of the road and was not visible in darkness. The claimant and respondent No. 4 both sustained injuries as a result of the accident. 3. The accident resulted in registration of an FIR bearing No. 193/2009, dated 27.04.2009 in Police Station