UNITED INDIA INSURNACE COMPANY LTD vs SMT. SUNITA RANI & ORS.

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 87/2026, CM APPL. 5963/2026, CM APPL. 5964/2026&CM APPL. 5965/2026 Date of decision: 29 th January 2026 UNITED INDIA INSURANCE COMPANY LTD .....Appellant Through: Mr. Harsh Kumar, Advocate. versus SMT. SUNITA RANI & ORS. .....Respondents Through: Mr. Govind Singh Bisht, Advocate CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT % ANISH DAYAL.J: (ORAL) 1. This appeal has been filed by the insurance company challenging the award dated 20 th August 2025 (‘impugned award’) passed by the Motor Accident Claims Tribunal (‘MACT’) in MACT 655/2018, whereby compensation of Rs. 22,35,100/- along with interest rate of 9% per annum was awarded. 2. The incident occurred on 15 th May 2018 at about 3.30 a.m., when the deceased Mithu, along with the injured, Waseem, were coming from Rohtak to Delhi in a car driven by Waseem. When they reach Sector 49 near Bypass Mor Bahadurgarh, Haryana, their car hit a truck which was parked negligently on the road without any indicator lights or reflectors. 3. The driver of the offending vehicle fled away from the spot. Injured Signature Not Verified Digitally Signed MAC APP 87/2026 1 of 6 By:MANISH KUMAR Signing Date:04.02.2026 17:10:51 Waseem took Mithu to the hospital where he was declared brought dead. 4. FIR no. 265/2018 under Sections 283/337/304A Indian Penal Code, 1860 was registered at PS City Bahadurgarh Haryana, which culminated in filing of a charge sheet. 5. Mr. Harsh Kumar, counsel for appellant/insurance company, challenges the award on two grounds. Firstly, it is contended that the insurance company had pleaded contributory negligence on part of the injured driver, Waseem, as the car had rammed into the rear of a stationary truck, indicating that it must have been driven at a high